The reformed criminal laws put a cosmetic patch on India's witness protection

Failure to protect witnesses undermines the very basics of fair trial in India

- BY PIYUSH REWATKAR

The Supreme Court of India, in a catena of decisions spread over decades, has emphasised for the Witness Protection Scheme and the setbacks caused by the lack of it in offering a fair trial.

However, the said plea has always been overlooked by the legislative wing of the state.

The Executive, with the help of the Judiciary and vice versa, is trying its best to fill in the said gap; however, that can never be said to be infallible in the absence of a specific legislation on the subject. The anticipated law for the witness protection scheme shall also establish an independent task force in addition to the mechanism for protection.

The Supreme Court in a very well-renowned decision in Krishna Mochi v. State of Bihar (2002), has more particularly observed that "the society suffers by both wrong convictions and wrong acquittals". It goes unsaid that the role of a witness is paramount in the criminal justice system of any country. Therefore, any law aiming to redress the problem of "hostile witness" needs to be infallible.

The leading cause for the high acquittal rate in criminal trials is the witnesses turning hostile to the case of the prosecution. While there could be numerous reasons for witnesses to turn hostile, the major ones are: Lack of secrecy of the identity of the witnesses and police protection to them at least till the trial is over. Witnesses certainly are afraid of the possible wrath of the accused, who may also be an influential person. Inordinate delay in trial, particularly when the accused is not in custody. Witnesses are indirectly overstretched to recall events from years ago exactly as previously stated in their statements, as under Sections 161 and 164 of the Code of Criminal Procedure.