Eye-witnesses Becoming Rare Species in Indian Judicial System

Abstract

In the Indian judicial landscape, eye-witness testimony has long been considered a cornerstone of the justice delivery system. However, in recent times, the reliability and availability of eye-witnesses have come under scrutiny, leading to their classification as a rare species within the legal framework. This abstract delves into the factors contributing to the dwindling presence of
eye-witnesses and explores the implications for the Indian judicial system. Several factors contribute to the scarcity of eye-witnesses in Indian courts. One significant issue is the prevalent fear of reprisal and intimidation faced by witnesses, especially in cases involving powerful individuals or criminal syndicates. This fear often leads witnesses to retract their statements or refuse to testify altogether, undermining the integrity of the judicial process. Additionally, the lengthy and arduous legal procedures, coupled with the lack of witness protection mechanisms, further dissuade individuals from coming forward to testify. Furthermore, advancements in forensic science have raised questions about the reliability of eye-witness testimony. Research
indicates that human memory is fallible and susceptible to biases, leading to inaccuracies in witness accounts. The proliferation of DNA evidence and other forensic technologies has highlighted instances where eye-witness testimony has been unreliable or even erroneous, casting doubt on its credibility as the sole determinant of guilt or innocence. The scarcity of eye-witnesses poses significant challenges to the Indian judicial system. It impedes the process of truth-seeking and hampers the delivery of justice, particularly in cases where other forms of evidence are limited. Moreover, it undermines public trust in the legal system and perpetuates impunity for perpetrators of crime. In response to these challenges, there is a pressing need for comprehensive reforms aimed at enhancing witness protection mechanisms, streamlining legal procedures, and promoting the use of corroborative evidence in court. Strengthening the legal framework to ensure the safety and support of witnesses is crucial to restoring faith in the justice system and preserving the rule of law in India.