Abhinav Anand
Witness has been considered the most indispensable part for the Criminal Justice System in India. The entire trial procedure has direct relevance with the testimony of witnesses.
According to Black’s Law Dictionary “Witness” means any person, who possesses information or document about any crime regarded by the competent authority as being material to any Criminal proceedings and who has made a statement, or who has given or agreed or is required to give evidence in relation to such proceedings.[1]
The Witness Protection Scheme provides the definition of “Witness” as any person, who possesses information or document about any crime regarded by the competent authority as being material to any Criminal proceedings and who has made a statement, or who has given or agreed or is required to give evidence in relation to such proceedings.[2]
In the words of Bentham, “Witnesses” are the eyes and ears of the court. Every modern state being welfare state has a duty to protect the witnesses. The Indian laws despite having several protections for witnesses was not adequate to cope up with the contemporary hostilities against the witnesses.
The Witness Protection Scheme is considered to be a boon for the witnesses as it provides the mandatory immunisation to the witnesses in the country. The importance for this scheme has been elucidate by some recent judicial pronouncement wherein the apex court said that when in matter if the witnesses are threatened it would not amount to fair trial. In Zahira Habibulla H. Sheikh and Another v. State of Gujarat[3] wherein while defining ‘Fair Trial’, the Hon’ble Supreme Court observed that “If the witnesses get threatened or are forced to give false evidence that also would not result in fair trial. Further, the hon’ble Supreme Court of India, also held in State of Gujarat v. Anirudh Singh[4] that: “It is the salutary duty of every witness who has the knowledge of the commission of the crime, to assist the State in giving evidence.”
INGREDIENTS IN WITNESS PROTECTION SCHEME
The Witness Protection Scheme provides for the protection of witnesses on the threat perception and protection measure inter alia include protection change of identity of witness and their relocation, installation of security devices in the residence of the witnesses, usage of specially designed court rooms.
The scheme has categorically envisaged the witnesses under three categories based on the threat perception.
Category A: Where the threat exists to life of witness or his family members during investigation, trial or thereafter.
Category B: Where the threat exists to the safety, reputation and property during the investigation, trial or thereafter.
Category C: Where the threat is moderate and extends to harassment to the safety, reputation and family members during the process of investigation, trial or thereafter.
The Scheme provides for the State Witness protection fund for meeting the expenses of the scheme.
- Budgetary allocation made in the Annual Budget by the State Government.
- Receipt of amount of costs imposedordered to be deposited by the courts/tribunals in the Witness Protection Fund.
- Donations contributions from Philanthropist, Charitable Institutions, Organizations and individuals permitted by the Government.
- Funds contributed under Corporate Social Responsibility.[5]
LOOPHOLES OF WITNESS PROTECTION SCHEME
The scheme has many practical problems. The vices that scheme suffers with are as follows:
- Providing security guard to the witnesses is one of the challenging tasks because of a smaller number of the police present in the area.
- The evident corruption in the judiciary and police administration is a suffice bottleneck to achieve the coveted objective of the scheme.
- The recording of statement by the magistrate is not viable because of low number of the courts and staff deficient judiciary.
SUGGESTIONS
There should be independent protection witness cell which will prevent from the fraud identities of the witnesses. The Government should create awareness about the Witness Protection Scheme to remote areas as witnesses are not well versed with this scheme they fear to come out and give their valuable testimony to the court. The witnesses must be provided with the medical facilities, proper counselling and state compensation should be provided.
If any the witness found violating the terms and condition enrolled in the scheme, they should be penalised.
CONCLUSION
Witness protection scheme needs to be implemented on ground level with utmost urgency. The scheme will have good impact on the society as it addresses the common problems existing in every parts of the country. The establishment of required machineries and funds must be disbursed on time for proper implementation of the programme. The contemporary society has a rooted effect of plutocracy. So, the effect is predominantly evident in the society where in the accumulation of countries resources is restricted in the hands of few individuals. The proper implementation of witness protection scheme will help to achieve the ideals our constitution speaks for.
[1](11th ed. 2019).
[2]The Witness Protection Scheme, 2018
[3](2004) 4 SCC 158.
[4](1997) 6 SCC 514.
[5]https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1578108 (last visited 10th March, 2020).
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