A Proposal for a Model Witness Protection Programme: Need and Legal Ramification

NALSAR Student Law Review, 2020

25 Pages Posted: 20 Nov 2020

See all articles by Eesha Shrotriya

Eesha Shrotriya

Independent

Shantanu Pachauri

National Law Institute University (NLIU), Bhopal; National Law University, Delhi

Date Written: 2020

Abstract

In the criminal justice system, witnesses and their testimonies play a decisive role in reaching the conclusion of the case. Witnesses, being the most crucial participants in the procedure, are often threatened or induced by the parties involved in the case to change or retract their statements. Thus, cases do not reach a truthful and rational conclusion. The judicial machinery fails the victims in their quest for justice. The rights given to witnesses and victims are quite limited in comparison to the wide range of rights of the accused. Therefore, protecting the witnesses becomes indispensable for achieving the foremost objective of the criminal justice system. The authors propose a possible model for a witness protection programme in India, keeping in mind such programmes existing across the globe.

Suggested Citation

Shrotriya, Eesha and Pachauri, Shantanu and Pachauri, Shantanu, A Proposal for a Model Witness Protection Programme: Need and Legal Ramification (2020). NALSAR Student Law Review, 2020, Available at SSRN: https://ssrn.com/abstract=3708214 or http://dx.doi.org/10.2139/ssrn.3708214

Eesha Shrotriya

Independent ( email )

Shantanu Pachauri (Contact Author)

National Law Institute University (NLIU), Bhopal ( email )

Kerwa Dam Road
Bhopal, Madhya Pradesh
India

National Law University, Delhi ( email )

Sector 14, Dwarka
New Delhi
India

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