WITNESS PROTECTION MEASURES IN INDIA: A CRITICAL REVIEW WITH SPECIAL REFERENCE OF INDIAN CRIMINAL JUSTICE SYSTEM

Abstract

India's criminal justice system relies on witness protection to combat 25% first-time and 50% second-time witness hostility, which leads to acquittals in key criminal prosecutions. From early court responses to the latest witness protection measures, this review study examines legal provisions, scheme operation, and systemic integration at investigation, trial, and post- trial phases. Threat-level-wise witness protection strategies, Delhi's 65% application approvals, and 20% reduced hostility in POCSO cases show that A (life threats: relocation, change of identity), B (safety risks: escorts, safe homes), and C (harassment: screens, counseling) work. Together with videoconferencing and in-camera trials, they have advanced justice. Significant issues remain: 40% of districts lack functional cells, 60% of funds are unutilized, 30% of threat reports are denied owing to police mistrust, and post-judgment safety procedures are insufficient, resulting in 60-70% effectiveness versus worldwide standards. The National Crime Records Bureau reports less than 10% convictions in 4,500+ IPC Section 195 and the intimidation cases, which are exacerbated by prosecutorial errors in top-level organized crime and riot cases. There is room for improvement compared to the US WITSEC program's 98% success through permanent protection, the UK's 85% statutory anonymity, and Canada's blended strategy. A separate Witness Protection Act with 7-10 years imprisonment as punishment, allocating 1% of the justice budget (500+ crore annually), using AI for threat detection, setting up infrastructure nationwide, and protecting high-risk witnesses are needed to reduce hostility by 30-40%, increase conviction rates, and protect
Article 21 fair trial rights.