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Protection of Witness for Effective Administration of Criminal Justice in India

Mudassir Nazir Khan , Mansoor Shoukat Khan1 , Mudassir Nazir Khan2

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Indian Journal of Law and Human Behavior 5(3):p 321-326, September-December 2019. | DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5319.5

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Mansoor Shoukat Khan, Mudassir Nazir Khan. Protection of Witness for Effective Administration of Criminal Justice in India. Indian J Law Hum Behav. 2019;5(3):321–326.

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Received : N/A         Accepted : N/A          Published : N/A

Abstract

The conditions of witnesses in Indian Legal System can be termed as ‘poignant’. The witness are subject to number of threats, harassments and many pressures including attending the court on regular basis. Even during examinations in the court of law the witness are subject to number of illogical and unworthy questions which the witness is unable to bear. The question of hostile witnesses are another factor which ultimately led to the acquittal of accused and low conviction rate. As per number of reports which predict that in India, we have a low conviction rate the untrustworthy environment pertain to witness are one of the factor for such cause. Lack of witness protection programme led to the frustration and harassment of witness led to faulty conviction rate. Either the witness are not willing to become a witness in a case or if he comes as witness later on he turns to be the hostile witness. The current legal system has taken the witness for granted while as the reality is that as quoted by Bentham that witness are eyes and ears of justice delivery system. The frequent summons to the witness are also an issue. One of the main reasons which the paper highlights is witness harassment in terms of adjournment by court or they have to travel own due to this witness stop thereby to go to court, in this harassment lawyers play prominent role. The Frequent adjournments which are not necessary led to prolonged delay and delayed justice system. As it has been said that justice delayed is justice denied. The years long hearing add the fuel to fractured witness system. The bad behaviour including pulling them out of the court by poens, the bad day long stays inside courts add more fuel to the harassment of witness while as the criminal jurisprudence believes that witness are the guest of court.

Keywords: Witnesses; Indian Legal System; Adjournment.

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Cite this article

Mansoor Shoukat Khan, Mudassir Nazir Khan. Protection of Witness for Effective Administration of Criminal Justice in India. Indian J Law Hum Behav. 2019;5(3):321–326.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5319.5

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