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Role of Judiciary in protecting hostile witness: a critical analysis

3rd Year Student, Alliance University, Bangalore

Witnesses are an essential component of a well-functioning criminal justice system since they assist in the administration of justice. Witnesses and their role in deciding case results are critical in courtroom trials. However, the problem of hostile witnesses has become a threat because it is the primary cause of high acquittal rates for criminals charged with heinous crimes such as murder, rape, and other crimes. When a favourable witness becomes hostile, it creates a difficult scenario that can affect the outcome of a case. They change their minds before or during the trial after being threatened and pressured by the accused or his or her family members. This can result in a miscarriage of justice or even the death of justice. If no steps are taken to prevent hostile witnesses, society will lose faith in the justice system, resulting in chaos. The lack of witness protection laws has allowed suspects to commit crimes without fear of repercussions because they are no longer scared of the law. This paper aims to analyse the role of the judiciary in protecting a hostile witness. It examines the issues of hostile witnesses and their impact on the justice system. It attempted to know as to why and in what circumstances the witnesses turn hostile. The paper also critically reviews the idea of witness protection in the light of relevant legal provisions and the views of the judiciary in protecting the witnesses. The Doctrinal method was followed for conducting research on the topic. The kind of research done was Descriptive and Explanatory in which the role of the judiciary in protecting hostile witnesses has been analysed. Normative research was conducted where various books were referred to and so were many websites, articles, for a clear view on the research paper.

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