The role of a witness is very important in a trial. He is an essential part of the Justice delivery system of a country. According to Bentham "WITNESS ARE THE EYES AND EARS OF JUSTICE", the statements given by them are very important and have become a magic force in the course of the case. The criminal justice system has become inefficient and does not function in a fluent fashion in these days. The main reason is overwhelming of the prosecution. Witnesses are turning hostile with predictable regularity, in cases involving heinous crimes, due to external pressure, thereby leading to the failure of criminal justice system.

The main aim of the provision is to protect accused from being prejudiced by statement made to police officer who may coerce the witness. Therefore, the witness has to restate in the court the statement that he made to police. Here, the statement recorded by the police constitutes a reference to which the veracity of the witness may be tested, if the witness does not go back on his/her earlier statement, he/she may turn hostile. There are various reasons why a witness may turn hostile.

The working of the judicial process is very slow. Several dates are fixed for cross examination of the witnesses who then become frustrated. The witness should be treated with great respect and should be considered as guest. Lack of witness protection programme, unsympathetic attitude of the police, bribery and corruption are the reasons which add to the malaise.

For all these reasons, the persons abhor becoming witnesses. There is a great need for change and for it there should be better imperative judicial system, one that provides adequate safeguard to the witness. There are very few provisions of protecting witness.

It must be understood that a witness protection program should have two aspects. Time has come when serious and undiluted thought are to be bestowed to protect the witness so that ultimate truth is presented and trial is not reduced to mockery. To relieve the physical and mental vulnerability of the witness, protection of the witness must be taken into account. India should soon implement a witness protection if it does not want criminal justice system to fail.

Bibliography :

1. 4th report of National Police Commission.
2. 178th report of The Law Commission.
3. People's Union for Civil Liberties.

Contributed by :
Neeraj Bist - B.A. LL.B. V Sem