JUDICIAL DECISION FOR A WITNESS PROTECTION IN INDIA

Authors

  • Dr. Geeta Shrivastava Professor, Legal Studies & Research, Himalayan University. Author
  • Ms. Tulika Assistant Professor (HOD), Legal Studies, Usha Martin University, Ranchi, Jharkhand. Author
  • Miss. Mamta Rani Assistant Professor, ILSR, Mangalayatan University, Beswan, Uttar Pradesh. Author

DOI:

https://doi.org/10.61841/jjf3k419

Keywords:

Protection, witness, criminal, Legislation, Enforcement

Abstract

In a criminal case, there is a lot of evidence, whether it comes from witnesses or from other sources. Many countries that are well-developed have laws that protect witnesses, but in India, there is no law that protects witnesses. People are in a bad situation because there isn't enough law to protect them. India's courts have played a positive role in protecting witnesses in many cases. This led to a lot of support for setting up Witness Protection Programs in the country. Rule of law is important when witnesses can give evidence in court without fear of intimidation or reprisal. 

Downloads

Download data is not yet available.

References

[1] Finn & Healey. (1996). Preventing Gang- and Drug-Related Witness Intimidation, U.S. Department of Justice, 1.

[2] Healey (1995). Victim and Witness Intimidation: New Developments and Emerging Responses, in Nat'l Inst. of Justice, U.S. Dep't of Justice, Research in Action, 6.

[3] Tomz & McGillis. (1997). Serving Crime Victims and Witnesses, U.S. Dep't of Justice, 2 (2ded.), at 2.2.

[4] Varinder Singh, “Witness Protection In India: The Judicial Endeavour,” Volume 4, Issue 1, 367-372

[5] Prithivi Raj, “Witness Protection Laws in India: An Analysis,” Volume 10, May 2020

[6] Viola Mattathil-Reuther, “The Prevention of Terrorism Act, 2002." DOI:10.5771/9783845296333-457

[7] Justice H. Suresh, ‘New Law Needed for Witness Protection’, Combat Law, Vol. IV, Issue I, April-May 2005

[8] Das, Durga Pada. ‘Witness Protection: A Legal Crisis in India’, Cri. L. J. 2002

[9] Allum, Felia; Nicholas Fyfe. Developments in state witness protection programs: the Italian experience in an international comparative perspective. Policing: A Journal of Policy and Practice 2, no. 1 (2008): 92-102.

[10] Dandurand, Yvon; Kristin Farr. A review of selected witness protection programs. Public Safety Canada, 2012.

[11] Dandurand, Yvon. Strategies and practical measures to strengthen the capacity of prosecution services in dealing with transnational organized crime, terrorism, and corruption. Crime, Law, and Social Change, 47, nº 4-5 (2007): 225-246.

[12] Doak, Jonathan, and Rebecca Huxley-Binns. Anonymous witnesses in England and Wales: charting a course from Strasbourg?. The Journal of Criminal Law, 73, no. 6 (2009): 508-529. At p509

[13] Donat-Cattin, David. Protection of victims and witnesses and their participation in the proceedings. In The Rome Statute of the International Criminal Court, pp. 1682-1712. Nomos Verlagsgesellschaft mbH & Co. KG, 2015.

[14] Hendradi, Trimulyono. Securing protection and cooperation of witnesses and whistleblowers. Retrieved from Japan: http://www. unafei.org.

jp/english/pdf/PDF_GG4_Seminar/Fourth_GGSeminar_P68-75.pdf (2011).

[15] Kramer, Karen. Witness protection as a key tool in addressing serious and organized crime (2016). Available thttps://www.unafei.publications/pdf/GG4/Fourth_GGSeminar_P3-19.pdf

Downloads

Published

30.04.2020

How to Cite

Shrivastava, G., Tulika, & Rani, M. (2020). JUDICIAL DECISION FOR A WITNESS PROTECTION IN INDIA. International Journal of Psychosocial Rehabilitation, 24(2), 9811-9817. https://doi.org/10.61841/jjf3k419