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Hostile Witness Protection Case Study

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CHAPTER- 1 INTRODUCTION
A concept of a fair trial is a constitutional imperative recognized in ART 14, 19, 21, 22 and 39-A of he constitutional of India as well as by the Code of Criminal Procedure, 1973. (hereinafter referred as the Cr . P . C.,1973) ‘A criminal case is built on the edifice of evidence , evidence that is admissible in law . For that witnesses are required whether it is direct evidence or circumstantial evidence. In Maneka Gandhi’s case the apex core referring to Satyawan Singh Sawhney’s Case held that the procedure prescribed by the …show more content…

It is against the interest of the society. In order to find out the solution to this problem, the present study has been under taken to achieve the following objectives:-
a) To understand the meaning and nature of the term ‘witness protection’ and achieving new insights into.
b) To understand the historical background pertaining to witness at national level.
c) To highlight the need and significance of witness protection in India.
d) To critically analyse the exposition of law from the legislative and judicial trends.
e) To make an analytical study of the concept of ‘Hostile Witness’ and emerging challenges and issues concerting the same.
f) To study the deciding factors in providing the protection to witnesses.
1.7 HYPOTHESIS :-
The following hypothesis would be examined in this case study:-
 The existing safeguards are not adequate to provide effective protection to witnesses in India.
 The witness turning hostile is the main cause for the high acquittal rate and low conviction rate in our criminal justice system. The absence of witness protection laws has helped in further strengthening the criminals and offenders.
 The concept of witness protection is still in experimental stage and law is

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