Monday, November 30, 2020
Eesha Shrotriya and Shantanu Pachauri (Independent and National Law University, Delhi, Students) have posted A Proposal for a Model Witness Protection Programme: Need and Legal Ramification (NALSAR Student Law Review, 2020) on SSRN. Here is the 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.