A witness is one of the most important elements in the criminal justice system. To reach a fair judgement, judges need some evidences or clues that help in cases, which are provided by witnesses. Without witnesses, many cases would have to be decided based only on circumstantial evidence, which may not provide a conclusive result. The testimony of a witness may have a direct impact on an accused's conviction or acquittal.

Sometimes the accused threatens the witness and pays for the witness to change his statement in court, which results in not getting a fair judgement and an innocent person bearing the punishment. For the purpose of witness protection, the Supreme Court approved the Witness Protection Scheme in 2018[1]. The aim of this scheme was for the state to provide adequate protection to the witness.

Witness Protection Scheme, 2018

In order to safeguard witnesses, the Supreme Court adopted the Witness Protection Scheme in 2018[2]. In the landmark judgement of Mahendra Chawla v. Union of India, Supreme Court[3] approved this scheme. The scheme offers various provisions, such as relocation of the witness, alteration of identity, and providing physical protection to the witness. This scheme requires that witnesses be adequately protected and that their identities and personal information not be revealed until the end of the trial.

Except for Jammu and Kashmir, all states are covered by this programme. This scheme classifies threats into three categories based on threat perception. Threats to the witness's and his family members' lives are covered in Category A. In Category B, threats related to the safety, reputation, and property of the witness or his family members are discussed. Finally, threats in category C include harassment or intimidation of witnesses and family members. There is also a provision in this scheme for a witness protection fund. All the expenses incurred for the safety of witnesses are paid from this fund.

The Ministry of Housing oversees this fund in states and union territories. This scheme also allows witnesses to change their identities at their request. The primary goal of this scheme is to provide adequate protection to witnesses in order for the justice system to reach a fair conclusion and hold the accused accountable for his actions.

Need Of The Scheme

In the case of Zahira Habibullah H. Sheikh and Others v. State of Gujarat[4], the Supreme Court places a strong stress on the necessity to safeguard the witness. In this instance, it is asserted that a trial is not fair if witnesses are threatened and coerced into providing false testimony. The necessity of this plan is also emphasised in the findings of the Malimath Committee and the Law Commission of India. Published in 1958, the 14th Law Commission Report served as the organisation's first document. The Law Commission's 154th, 178th, and 198th reports all supported the Witness Protection Scheme.

The Malimath Committee argued for a strong witness protection system in its findings. The testimony of a witness is crucial in determining the truth of the case and assisting the judge in reaching a fair decision. So the judicial system needs the protection of witnesses outside the courts, which helps judges get a fair judgement[5]. Accused parties threaten witnesses to change their statements, as seen in movies and as occurs in real life also. There are also instances in the film "No One Killed Jessica" where accused parties make threats and pay money to change their statements in court. To protect the justice system and also safeguard witnesses, the Witness Protection Program is needed.

Significance Of The Witness Protection Scheme, 2018

The Witness Protection Scheme, 2018, is a significant step forward for India in providing necessary protections for witnesses involved in criminal proceedings. This scheme ensures that witnesses are properly protected and that they can give their testimony in court without fear of harm to their lives, families, or property.

This scheme increases the credibility of the justice system in India. The witness protection scheme allows judges to apply justice fairly, and the actual perpetrator of the act is punishable. This scheme has been a significant boost to the judicial system of India, as it promotes trust between the public and the justice system. Witnesses get the confidence they need to reveal the true evidence in court with this scheme.

Conclusion:
In any case, a witness is the most important factor in obtaining a final decision. To ensure a fair decision, the witness must be shielded from the accused for refusing to change his statement. For the protection of witnesses and their families from these extraneous factors, the Supreme Court approved the Witness Protection Scheme.

End Notes:

• What Is Witness Protection Scheme? (The Indian Express, December 6, 2018) accessed February 8, 2023
• India Gets First Witness Protection Scheme (India gets first witness protection scheme - The Hindu, December 5, 2018) accessed February 3, 2023
• Need For A Witness Protection Law In India (Need For A Witness Protection Law In India) accessed February 4, 2023
• Emerging Need for Witness Protection Laws in India – Analyzing the Success and Failures accessed February 8, 2023.
• Witness Protection Scheme in India - iPleaders (iPleaders, December 31, 2018) accessed February 8, 2023.