Here is your essay on Protection of Witnesses in India:
Witness is the most important factor in any legal proceedings, especially in criminal matters and so witnesses have much importance in legal proceedings right from the ancient period. Legal system have relay on witnesses and today they occupy great place.
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With the changing society, and vast industrialization and modernization, with technological advancement crime rate in society has also increased. With various dimensions, the problem of increasing criminality needs noble solutions, and need effective administration of criminal justice through agencies such as the court, police, prison, etc.
The main role is to be performed by police. The Code of Criminal Procedure provides the procedure of investigation of crime. But nowadays such criminal code has become obsolete because of they are becoming redundant. The lengthy and time consuming procedure of investigation of police in India causes delay in every case.
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In India police had not adopted the new technologies of detection which is followed by other developed countries. Nowadays also they are totally dependent on witnesses and so investigations take too much time. Police first recorded the statement of witnesses in any case and then if the investigation officer deems necessary the statements can be recorded before a magistrate and it carries a great sanctity.
Apart from police statements (which are recorded ordinarily) and recorded statements of police used for corroboration or contradictions of same witnesses in court of law at the later stage of some trial.
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But it is normally, nowadays seen that witnesses, turn hostile to the prosecution and the whole efforts taken by police become in vain (futile) and again cause delay in criminal course become of it.
There are various reasons for this hostility of witnesses.
First of all the corrupt police officer who knows the name of witnesses convey it to accused or his relatives. In turn of money or any personal gain, or accused are also well aware about witnesses when he gets copy of charge sheet. At the inception of trial and then accused tries to persuade them by hook and cook, the witnesses are turned hostile by money or by using physical power.
Accused person personally or by using influence tries to harass the witnesses or even their families. There are numerous cases in which witnesses treated brutally to turn his side or to become hostile. There are also cases in which witnesses are murdered by accused. And so the common man always prefers not to become witness in any case.
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Though they are well aware or personally present when any criminal act was done. Because there are many incidents in which common people who were witnesses became prey of criminal hands. And easily become victim of their exploitations.
Today the incident of threatening, abusing, beating witnesses are common practices by criminals or rich people who are caught. In hands of prosecution because of their deviant acts. Many a times such rich people use their influences of even politicians to treat witnesses, and so because of such types of instances witnesses become easily hostile and there is a lack of justice and after doing a criminal or even heinous act criminals become free on the plea of inadequate evidence, and such situation is very dangerous to society.
If such criminals easily escape, and mingle in society, they create havoc, and disturb the peace and health of the society. If we want to punish them first of all prosecution of such criminals is necessary and for that strong evidences are required and which can be collected from witnesses and for that to protect witnesses is necessary. If they are sure that, there were no threat to their personal life then only they are ready to give evidence. And the real criminal is kept behind bars.
This concept of witnesses protection was born in U.S.A. as ‘Witnesses Protection Programme.”
In America the mafia and Godfather culture was becoming so powerful after war period. Till in 80’s the mafia was controlling 80% of economy of U.S.A. and so President Richard Nixon ordered crackdown on the American Mafia. The F.B.I, took investigation in their hands; many shoot-outs happened and ultimately, a big Mafia families were identified. But the problem still continued because there were no sufficient evidences against them.
Nobody was coming forward to depose against mafia, due to fear and the efforts of F.B.I, not reached to their aims so, the director of FBI Rich and Brooks invented the Witnesses Protection Programme. And according to this programme, the people who will testify against the mafia were to be protected at the cost of the state and for that millions of Dollars funding was given to F.B.I, and F.B.I, created new identities of that people who testified against mafia.
With new identities, these people were settled in new homes apart from where they were firstly residing. They were provided jobs in new states and their life was preserved at state cost and because of all these efforts taken by F.B.I, with the support of American state and people.
Within 10 years the mafia was completely routed and their leaders were sent in imprisonment. The programme of witnesses protection became very successful and proved to be miracle in securing conviction of the offenders.
Finally, it is concluded from all foregoing discussion that witnesses are the main step to reach towards original criminals and prosecute him and for that there is need to protect the witnesses, in turn they are willingly give witness against criminal and so criminals are eliminated from society and crime rate will be decreased.
So witnesses are much important in criminal justice system, but it is also true that like U.S.A. it is not possible in India to spend lots of money of witness-protection. Because in India, being a developing and poor country, cannot afford to spend lots of money of such programme and so like U.S.A. such type of powerful protection is not offered to witnesses and so it is recommended that for the protection of witnesses the only thing which we can do in present situation is that we can keep identity of witnesses secret from the accused so that he cannot tamper with them and for that only police can take efforts.
Police officers must be honest towards their duties and mortals ethics instead of fulfil their own personal greed they have to think about elimination of crime from society.