This document provides an overview of witness protection laws in India and other countries. It begins with an introduction noting the lack of specific witness protection legislation in India. It then discusses hostile witnesses and landmark cases. Next, it examines legal provisions for witness protection in countries like Australia, Canada, Germany, Japan, and South Korea. The document outlines some provisions for witness protection under Indian law such as the Code of Criminal Procedure and anti-terrorism laws. Finally, it discusses how protection of witnesses is a fundamental right guaranteed by the Indian Constitution.

1. Protection of Witness; A comparative Study
Law of Evidence- Abhishek kr. Srivastava,Akash Kishore,Harsh Singh-09,42,15

2. CONTENTS
 Introduction
 Hostile witness, consequences, and landmark case
 Comparative Analysis; Legal provision existing in other
countries
 Witness protection laws in India
 Protection Of Witness; Fundamental Right.

3. Introduction
 No Specific Legislation for it.
 Witness Programme Scheme,2015.
 During regimes of Muslim didn’t see many cases of hostility, Witness
are no longer wanted to be part of justice, harassment due to visit to
the court,
 unethical question from lawyer, pending cases,
 threat from hooligan.
 behavior of prosecution, authorities like police, court’s members
 it doesn’t provide morale to witness.
Whenever man commits a crime
heaven finds a witness,”
............Edward G. Bulwer.

4. Hostile Witness And
Consequences  Hostile Witness-as one who is not desirous of telling the
truth at the instance of the party calling him– Sat Pal v. Delhi
Administration .
 Their statement may sometime lead to acquittal of accused or
make the matter worse.
 PUCL V. U.O.I. -that was it may be possible that police
authority recorded statement incorrectly.
Witness were called only once
Nothing shakes public confidence in the criminal
justice delivery system more that the collapse of
the prosecution owing to the witnesses turning
hostile and retracting their previous statements

5. Continued…  Reason for Hostility of Witness –
 Bail- Where accused get bail, there are probability that
accused will threaten the witness after getting bail.
 Harassment due to prolonged Trial
 that 60% of acquittal in case of heinous offence is the
result of witness turning hostile.
 Jessica Lal’s case-Shyam Munshi -he said that he
doesn’t know Hindi-And done many movies in Hindi

6. LEGAL PROVISION EXISTING IN
OTHER COUNTRIES
Australia
 Provide certain powers to Chief
commissioner of Police ,that are to take any
action which he thinks would be beneficial
for protection of witness and his family.
Canada
 Witness means-persons who are involved
directly or indirectly in providing assistance in
law enforcement matters” Canada Witness
Protection Programme Act, 1996

7. LEGAL PROVISION EXISTING IN
OTHER COUNTRIES
Germany , Japan
 identity get conceal only judges knows the
identity of witness
 Denied bail-of repeated offenders, lead life
of witness in danger or will cause harm to his
family
Republic Of Korea
 physical protection which witness needs, but
the other loss, damages which he/she
suffered for contributing in justice should
also be covered.
 Witness can claim monetary relief if they
have suffered any financial loss due to
investigation or any inquiry

8. WITNESS PROTECTION LAWS IN INDIA
 160 Of CRPC1973 –Less than 18 and statement’s recording at the residence of Witness
 S.171 also smooth the way for witness by providing that witness need not to accompany police on
the way to court
 TADA and the Unlawful Activities (Prevention) Amendment Act, 2004
 The avoiding of the mention of the name and address of the witness in its orders or
judgments
 any directions for securing that the identity and address of the witness are not disclosed;
 the proceedings pending before such a court shall not be published in any manner.

9. Protection of
Witness;
Fundamental Right
 Article 19 of Indian Constitution guarantees right to
freedom of speech and expression
 As fundamental right doesn’t ceases on the door of jail.
 of Free and Fair trial as part of Article 21
 The state cannot avoid its constitutional obligation by
pleading financial or administrative inadequacy.”
 Denial of a fair trial is as much injustice to the accused
as is to the victim and the society
 Himanshu Singh Sabharwal vs State Of M.P. And Ors ,
AIR 2008 SC 1943
A trial without witnesses,
when it involves a criminal
accusation, a criminal
matter, is not a trial.” -