ROLE OF JUDICIARY IN LIMITING WITNESS INTIMIDATION.pptx

ROLE OF JUDICIARY IN
LIMITING WITNESS
INTIMIDATION
SUBMITTED BY:
Aastha Sharma (2019/B.A. LL.B./003)
Jheel Gupta (2019/B.A. LL.B./066)

In the judicial system, witnesses are very important because they help judges determine the facts of
cases accurately. Yet, instances of risk brought on by a lack of statutory safety nets and welfare
protections have made them wary of the criminal justice system as a whole, which is also the main
cause of the drop in conviction rates. Justice is compromised when a witness refuses to cooperate,
which leads to the wrong person being declared not guilty.
Maintaining the rule of law depends on witnesses being able to testify in court or assist with police
investigations without being afraid of intimidation or retaliation. More and more nations are passing
laws or establishing policies to safeguard witnesses whose cooperation with law enforcement or
testimony in court might put their lives or the lives of their families in jeopardy.
Protection measures might be as basic as offering a temporary lodging in a safe house, a police
escort to the courthouse, or using contemporary communications technology (like videoconferencing)
for testifying. But, in other situations, a witness's cooperation is essential to a successful prosecution,
but the threating criminal organization's power and reach are so overwhelming that extreme steps are
needed to protect the witness. Through this project, we will aim to analyze the status of witnesses in
both the historical and contemporary social and legal contexts, as well as the judiciary's strategy for
combating witness intimidation, with a particular emphasis on the 2018 Witness Protection Program.
Introduction
2
INTRODUCTION
2023

2023
WITNESSES AND THEIR
IMPORTANCE IN CRIMINAL JUSTICE 3
ANCIENT EVOLUTION OF CONCEPT OF WITNESS
• The conception of a witness has existed from the beginning of time, just as crime
itself. One of the earliest Indian old texts on law, Manusmriti, states that "witnesses
in disputes must be ascertained by means of witnesses, who may be examined by
the king or by the knowledgeable Brahmanas.”
• The ancient law excluded hearsay evidence.
• All those who have had some personal knowledge of some act, crime or incident
and who were called for giving any evidence about the same, were treated as
witness of that transaction.
• When statements of the two parties involved in any case invited suspicion, then the
evidence of the witnesses was recorded in order to assess the validity of the truth
and also to judge the actual accused involved in the case.
• As regards the competency of witnesses, a witness is a person other than a party,
having direct knowledge of the dispute by witnessing it or by hearing about it
through indirect sources.
WITNESSES AND THEIR IMPORTANCE IN CRIMINAL JUSTICE SYSTEM

SECTION 119 OF INDIAN
EVIDENCE ACT 1872
EVIDENCE ACT 1872
EVIDENCE ACT 1872
SECTION 162 OF CODE OF
CRIMINAL PROCEDURE
1973
CRIMINAL PROCEDURE
1973
PROVISIONS IN INDIAN LAW DEALING WITH WITNESS
4
2023

PENAL CODE 1860
CRIMINAL PROCEDURE
1973
CRIMINAL PROCEDURE
1973
SECTION 30 OF
PREVENTION OF
TERRORISM ACT 2002
PENAL CODE 1860
PROVISIONS IN INDIAN LAW DEALING WITH WITNESS
2023
5

PROVISIONS UNDER INDIAN
EVIDENCE ACT
• SECTION 118- ALL
PERSONS SHALL BE
COMPETENT TO TESTIFY
UNLESS THE COURT
CONSIDERS THAT THEY ARE
PREVENTED FROM
UNDERSTANDING THE
QUESTIONS PUT TO THEM, OR
FROM GIVING RATIONAL
ANSWERS TO THOSE
QUESTIONS, BY TENDER
YEARS, EXTREME OLD AGE,
DISEASE, WHETHER OF BODY
OR MIND, OR ANY OTHER
CAUSE OF THE SAME KIND
2023 6

PROVISIONS UNDER INDIAN EVIDENCE ACT
• SECTION 119- A witness who is unable to speak may give his
evidence in any other manner in which he can make it intelligible, as
by writing or by signs; but such writing must be written and the signs
made in Open court, evidence so given shall be deemed to be oral
evidence: Provided that if the witness is unable to communicate
verbally, the Court shall take the assistance of an interpreter or a
special educator in recording the statement, and such statement shall
be video graphed.
• SECTION 120- In all civil proceedings the parties to the suit, and the
husband or wife of any party to the suit, shall be competent
witnesses. In criminal proceedings against any person, the husband
or wife of such person, respectively, shall be a competent witness.
2023 7

• Section 160- The police officer is empowered while conducting an investigation, to require the compulsory
attendance of any person who seems to possess something related to the facts and circumstances of the
case and if a notice is being served to such a person by the police officer, then he is bound to attend.
PROVISIONS UNDER CODE OF CIVIL PROCEDURE
• Section 162- talks of the inadmissibility of statement made before a police officer, the provision is operating at
a great disadvantage to the police officers as the witnesses feel that they are in no way bound by the
statement made before the police officer and they could easily deviate from it at any subsequent stage of
proceeding without any penal actions against them.
• Section 273 of CrPC prompts that except in cases where it has been already provided, all the evidence
has to be taken in the presence of the accused or his pleader in his absence, during the course of the
proceedings.
• Section 164 states that the police officer is required to produce the witness before a magistrate and the
magistrate is required to record the statement of the witness. This statement is recorded under an oath and is
regarded only as substantive evidence as a conviction of a person cannot be based upon this. This statement
may also be used to contradict the further statements of the witness and if it is found at any later stage of the
proceeding that the witness has made a false statement, then the witness can be booked under the offense of
perjury under the IPC.
2023 8

PENAL CODE
• SECTION 191- WHOEVER,
BEING LEGALLY BOUND BY AN
OATH OR BY AN EXPRESS
PROVISION OF LAW TO STATE
THE TRUTH, OR BEING BOUND
BY LAW TO MAKE A
DECLARATION UPON ANY
SUBJECT, MAKES ANY
STATEMENT WHICH IS FALSE,
AND WHICH HE EITHER KNOWS
OR BELIEVES TO BE FALSE OR
DOES NOT BELIEVE TO BE
TRUE, IS SAID TO GIVE FALSE
EVIDENCE
2023 WITNESSES AND THEIR IMPORTANCE IN CRIMINAL JUSTICE SYSTEM 9

PENAL CODE
SECTION 193- WHOEVER
INTENTIONALLY GIVES FALSE
EVIDENCE IN ANY OF A JUDICIAL
PROCEEDING, OR FABRICATES
FALSE EVIDENCE FOR THE
PURPOSE OF BEING USED IN ANY
STAGE OF
A JUDICIAL PROCEEDING, SHALL BE
PUNISHED WITH IMPRISONMENT OF
EITHER DESCRIPTION FOR A TERM
WHICH MAY EXTEND TO SEVEN
YEARS, AND SHALL ALSO BE LIABLE
TO FINE; AND WHOEVER
INTENTIONALLY GIVES OR
FABRICATES FALSE EVIDENCE IN
ANY OTHER CASE, SHALL BE
PUNISHED WITH IMPRISONMENT OF
EITHER DESCRIPTION FOR A TERM
WHICH MAY EXTEND TO THREE
YEARS, AND SHALL ALSO BE LIABLE
TO FINE.
2023 10

PROVISION UNDER PREVENTION OF TERRORISM
ACT
SECTION 30- Protection of witnesses:
2023 WITNESSES AND THEIR IMPORTANCE IN CRIMINAL JUSTICE SYSTEM 11
(1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reason to be
recorded in writing, be held in camera if the Special Court so desires.
(2) A Special Court, if on an application made by a witness in any proceeding before it or by the Public
Prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in danger, it
may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and
address of such witness secret.
(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a
Special Court may take under that sub-section may include—
(a) the holding of the proceedings at a place to be decided by the Special Court;
(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any
records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and address of the witnesses are not disclosed;
(d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a
Court shall not be published in any manner.
(4) Any person who contravenes any decision or direction issued under sub-section (3) shall be punishable with
imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

PROVISION UNDER JUVENILE JUSTICE ACT
SECTION 21- Prohibition of publication of name, etc., of juvenile or child
in need of care and protection involved in any proceeding under the
Act.—
(1) No report in any newspaper, magazine, news-sheet or visual media of
any inquiry regarding a juvenile in conflict with law or a child in need of
care and protection under this Act shall disclose the name, address or
school or any other particulars calculated to lead to the identification of
the juvenile or child nor shall any picture of any such juvenile or child be
published: Provided that for reasons to be recorded in writing, the
authority holding the inquiry may permit such disclosure, if in its opinion
such disclosure is in the interest of the juvenile or the child.
(2) Any person who contravenes the provisions of sub-section (1), shall
be liable to a penalty which may extend to twenty five thousand rupees.
2023
12

JUDICIAL TREND TOWARDS
ADDRESSING WITNESS
INTIMIDATION
Delay in Disposal of Cases
Inadequacy of Allowances
A lack of respect for witnesses
Recurring dangers to witnesses'
lives or property
Use of Money Power

Delay in Disposal of Cases
Delays in the disposition of cases and
many adjournments without questioning
the witnesses are key factors in influencing
a witness to become hostile and prolong
their experience. The police inquiry and
court proceedings can take a long time,
which also causes memory loss. As a
result, it is simple to uncover contradictions
that run counter to the statement provided
to the police in accordance with section
161 of the Code of Criminal Procedure at
the time the case was filed when a witness
is called years later for the purpose of
verifying the facts.
2023
ROLE OF JUDICIARY IN LIMITING
WITNESS INTIMIDATION
14

Inadequacy of
Allowances
The Law Commission in its 154th
report came to the conclusion that
the rates of allowances against
the expenses incurred are very
insufficient, which leads to the
conclusion that the allowances
paid to the witnesses are quite
meagre. Although section 312 of
the CrPC has been added, it is up
to the court's discretion whether to
grant the witness any
accommodations. As the term
"reasonable" is not defined
anywhere in the Act, it is unclear
what kinds of expenses fall under
the category of reasonable
expenses incurred by the witness

A lack of respect for witnesses
2023
16
• Although being acknowledged as a crucial component in the
decision-making process, the facilities offered to witnesses are
inadequate. The 154th Report of the Law Commission made the
observation that witnesses are subjected to inhumane treatment
in court, including adjourning a case after making the witness wait
for the entire day, failing to take the witness' convenience into
account when setting the next date, and taking harsh action
against the witness if he is unable to appear on the scheduled
date. The veracity of these concerns has been properly identified
by the Law Commission in its 154th Report

Recurring dangers to witnesses' lives
or property
2023
17
• The most frequent reason for preventing witnesses from testifying in most high-profile
instances, such as rape, gang rapes, or murder, etc., is a threat to their lives or the lives
of their family members. However, section 195-A of the IPC now includes a penalty for
criminal witness intimidation. In the case of Union of India v. V. Sriharan, the Apex Court
stated that:
• The witnesses turn hostile apparently because of the threat meted out to them by the
hardened and professional criminals and gangsters. It is the inability of the State
machinery to protect or guarantee the life and dignity of a common man who helps to
achieve the justice.
• These tactics cause the witnesses to become hostile, which results in the accused's
acquittal. “The Court proposed that threats made against witnesses be taken into
consideration as a reason for the termination of bail in order to address these
occurrences.

USE OF MONEY POWER
Money power is utilised to entice witnesses to not cooperate with the
investigative process or to become hostile in the majority of high-profile
cases involving accused individuals with strong political or wealthy family
ties. When the police are unable to identify the witness, stock
witnesses—who are not parties to the case—are utilised by the police to
provide false evidence about the incident in exchange for a pittance of
cash. This is an example of the use of money power. These kinds of
witnesses are very likely to support the accused when given a larger
monetary incentive, making a mockery of the entire legal system.
2023
18

Analysis of Witness Protection Scheme
FUNDING
DISTRIBUTION
POTENTIAL OF
UNDUE INFLUENCE
LACK OF
DETERRENCE
ASSOCIATE
PERSONS INCLUDED
FOR PROTECTION
2023
19

Funding distribution
1.The plan calls for the State government's annual
budget, fines levied during criminal proceedings,
and philanthropist donations to be used to raise
money. Yet, it makes no mention of the support
provided by the Central Government's money in
circumstances where the state is unable to cover
the costs for the program's more efficient operation.
2023
20

Potential of undue Influence
THE STUDY OF THE THREAT PERCEPTION REPORT, WHICH DETAILS THE TYPE OF
THREAT TO THE WITNESS OR HIS FAMILY'S LIFE, REPUTATION, OR PROPERTY, IS
THE KEY COMPONENT OF THE WITNESS PROTECTION SYSTEM. NONETHELESS, IT
HAS BEEN STATED THAT THE DISTRICT'S CHIEF OF POLICE IS RESPONSIBLE FOR
FILING THE REPORT. BECAUSE OF POLITICAL PRESSURE IN HIGH-PROFILE
INSTANCES, IT IS POSSIBLE THAT THE POLICE OFFICER WILL BE FORCED TO
DOWNPLAY THE THREAT LEVEL, WHICH IS CLEARLY OBVIOUS. TO AVOID
POLITICISATION, IT IS ADVISED THAT THE REPORT BE WRITTEN BY THE OFFICERS
IN THE WITNESS PROTECTION CELL WHO HAVE UNDERGONE SPECIFIC TRAINING
FOR THIS PURPOSE AND HAVE CLEAN SERVICE RECORDS, UNDER THE DIRECT
SUPERVISION OF THE RELEVANT HIGH COURT

Lack of Deterrence
1. The entire witness protection programme is missing a punitive
clause that would impose penalties on authorities who compromised
a witness's identity or key information. In accordance with Rule 13
of the plan, authorities must be encouraged to refrain from
disclosing witness identities in order to avoid losing out on financial
and political incentives. The following clause, which will serve as a
deterrent under this regulation, shall be inserted: Anybody who
accesses any record, document, or information in relation to the
proceedings under this scheme without a court's permission shall be
in contempt of court and subject to criminal prosecution.
2023
22

Associate Persons Included for Protection
The witness protection program offers protection to both
witnesses and their families. In accordance with rule 2(d)
of the scheme, a witness's parent or legal guardian,
spouse, live-in partner, siblings, children, and
grandchildren are considered family members. The
pertinent portion, however, omitted those individuals
whose threat to the witness's safety could influence the
witness's behaviour and who have some bearing on,
association with, or connection with the witness.
2023
23

conclusion
From ancient times, hostile witnesses have
been ignored, and courts today shouldn't
be tolerant with individuals who quickly
backtrack on their previous evidence. Due
to threats to their lives and the economic
crisis, witnesses in practically all significant
crimes, including rape and murder, become
hostile, which causes the court system to
disintegrate. The Indian Legislature must
adequately address the problems and
protect the witnesses' dignity in order to
end this threat.
2023
24

thank you
SUBMITTED BY:
Aastha Sharma (2019/B.A. LL.B./003)
Jheel Gupta (2019/B.A. LL.B./066)

ROLE OF JUDICIARY IN LIMITING WITNESS INTIMIDATION.pptx

Recommended

Recommended

More Related Content

Similar to ROLE OF JUDICIARY IN LIMITING WITNESS INTIMIDATION.pptx

Similar to ROLE OF JUDICIARY IN LIMITING WITNESS INTIMIDATION.pptx (20)

Recently uploaded

Recently uploaded (20)

ROLE OF JUDICIARY IN LIMITING WITNESS INTIMIDATION.pptx