The Witness Protection Scheme in India, launched in 2018, is a critical framework designed to ensure the safety and security of witnesses involved in sensitive legal cases, particularly where their testimony might put their lives at risk. The scheme was approved by the Supreme Court of India, which recognized witness protection as integral to a fair trial and the criminal justice system. Read here to learn more.
The Supreme Court of India recently expressed serious concern over the poor implementation of the Witness Protection Scheme across the country.
The court emphasized the vital role witnesses play in the justice system, noting that their protection is crucial to ensuring fair trials and preventing threats or intimidation.
Despite the scheme being approved by the court in 2018 and deemed legally binding, there have been significant lapses in its execution.
Who is a witness?
A witness is a person who provides evidence or deposes before a judicial tribunal.
- Witnesses are crucial for the criminal justice system to function smoothly, and they must provide testimony freely and fairly.
- The term “witness” is not specifically defined in the Criminal Procedure Code, 1973 (CrPC or Bharatiya Nagarik Suraksha Sanhita), but courts can summon anyone as a witness if their evidence is essential for deciding a case.
- SC in Ritesh Sinha vs State of UP Case said that being a witness, in its ordinary grammatical sense, means giving oral testimony in court.
Witness Protection Scheme, 2018
- Categorization of Threats: The scheme categorizes witnesses into three types, based on the threat they face:
- Category A: Where the threat extends to the life of the witness or their family members during and after the trial.
- Category B: Where the threat is related to their safety, reputation, or property.
- Category C: Moderate threat, mostly involving harassment or intimidation.
- Confidentiality: The scheme ensures that the identities of witnesses are protected. Procedures are in place to allow testimony through video conferencing or other means to prevent direct exposure in the courtroom.
- Witness Protection Fund: A Witness Protection Fund has been established to finance the measures under this scheme. This is funded by budgetary allocations from the State government, fines imposed by courts, and donations or contributions from philanthropists or charitable organizations.
- Types of Protection:
- Changing the witness’s identity.
- Relocation
- Concealing identity in court.
- Installing security devices at home.
- Providing security escorts to and from the court.
- Implementation: The scheme is implemented at the state level by a “Witness Protection Cell” formed under each District and Sessions Judge. Applications for protection are filed with this authority, and decisions are taken based on the level of threat.
- Judicial Review: The Supreme Court has the power to review the implementation of the scheme, ensuring that it is applied uniformly across states. It serves as a law until Parliament passes formal legislation on the issue.
Importance of the Scheme
- The scheme seeks to reduce witness intimidation, which has been a significant issue in cases involving powerful individuals or organized crime.
- It aims to encourage witnesses to come forward without fear, improving the chances of securing justice in high-profile criminal cases.
Limitations
- Some states have been slow in implementing the scheme, and the resources allocated for witness protection are often inadequate.
- Witness protection in lower courts, especially in rural areas, remains a challenge due to limited infrastructure and awareness.
Key concerns of the Witness protection scheme
- Lack of Adequate Funding: Many states have not allocated sufficient financial resources for the scheme, leading to inadequate infrastructure for witness protection programs.
- Weak Coordination: There is a lack of coordination between the police and judicial authorities in ensuring that witnesses who face genuine threats are given the necessary protection.
- Inconsistency Across States: Different states have varied levels of implementation, with some states failing to properly enforce the scheme. This leads to disparities in witness protection across the country.
The Supreme Court’s intervention aims to ensure that all states fully adopt and implement the Witness Protection Scheme to safeguard the rights and safety of witnesses, without whom justice cannot be effectively served.
What is the need for dedicated witness protection law in India?
India urgently needs proper implementation of a dedicated Witness Protection Law for the following reasons:
- Threats and Intimidation: Witnesses in sensitive cases, particularly those involving organized crime, terrorism, or powerful political figures, often face severe threats, harassment, or even violence. Without protection, many witnesses turn hostile or refuse to testify due to fear for their lives and their families.
- High Rate of Witness Hostility: Studies indicate that a large percentage of witnesses in criminal cases turn hostile in India. This has resulted in weak prosecution cases and wrongful acquittals, undermining the justice system. A proper witness protection framework could prevent intimidation, ensuring that witnesses can testify freely.
- Judicial Acknowledgment: The Supreme Court of India has repeatedly highlighted the need for witness protection. For instance, in Zahira Sheikh v. State of Gujarat (2004), the Court acknowledged that hostile witnesses often result from intimidation and recommended the establishment of a comprehensive witness protection program.
- Global Precedents: Several countries, such as the USA and UK, have established robust witness protection laws that safeguard the rights and lives of witnesses, ensuring their anonymity, relocation, and financial support when necessary. India needs to adopt similar measures to strengthen its criminal justice system.
- Lack of Uniform Guidelines: While some states have introduced witness protection schemes, there is no uniform national legislation that addresses witness protection comprehensively. Existing measures are often piecemeal, inadequate, and inconsistently applied.
- Strengthening Law Enforcement: A dedicated witness protection law will enhance the investigative process by ensuring witnesses feel safe enough to come forward with crucial evidence, thus strengthening the overall prosecution process and improving conviction rates.
In the State of Gujarat vs. Anirudh Singh case of 1997, the Supreme Court held that it is the statutory duty of every witness who knows about a crime to assist the State by providing evidence.
In the Zahira Habibulla H. Shiekh vs. State of Gujarat case 2004, the SC stated that fair trials are compromised if witnesses are threatened or forced to give false evidence.
Way forward
The Malimath Committee’s 2003 report on criminal justice reform emphasized the crucial role of witnesses in the judicial process, asserting that providing evidence is a “sacred duty” essential for discovering the truth.
However, India’s justice system has long struggled with the issue of witness protection, as witnesses frequently turn hostile due to threats or bribes from the accused, as noted by the 4th National Police Commission Report (1980).
To address this, various Law Commission Reports have made recommendations:
- 154th and 178th Reports explored the necessity of protecting witnesses and identifying flaws in the current system.
- The 198th Report (2006) was specifically dedicated to witness protection, suggesting a structured Witness Identity Protection and Witness Protection Program. It recognized that without legal safeguards, witness testimony is often compromised, leading to miscarriages of justice.
Legislative protections like Section 195A of the Indian Penal Code, the Juvenile Justice Act (2015), the POCSO Act (2012), and the Whistle Blowers Protection Act (2011) provide some safeguards for witnesses.
However, these measures have proven insufficient over time, as many still face harassment, threats, or violence, leading to high rates of witness intimidation and recantation.
This highlights the pressing need for a comprehensive and robust witness protection law in India to preserve the integrity of the justice system. Some states have introduced witness protection schemes, but nationwide implementation of a formal witness protection program is yet to be realized.
Conclusion
In light of the challenges, a comprehensive Witness Protection Law that includes measures such as identity protection, relocation, and financial support is essential to ensure justice, especially in high-profile and sensitive cases.
The Witness Protection Scheme of 2018 represents a crucial step toward strengthening the judicial process by safeguarding witnesses who are essential to the prosecution’s case.
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-Article by Swathi Satish
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