Open Access Research Article

WITNESS PROTECTION SCHEME, 2018 TO STATUTORY REFORM: EVALUATING THE NEED FOR A CENTRAL WITNESS PROTECTION ACT IN INDIA BY: - NEELAM PATEL & MADHURI SINGH

Author(s):
NEELAM PATEL MADHURI SINGH
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
Download PDF Open PDF Citation Search Scholar

Abstract

Witnesses constitute an indispensable component of the criminal justice system, as their testimony frequently determines the establishment of guilt or innocence. However, intimidation, threats, coercion, harassment, inducement and fear of retaliation continue to discourage witnesses from providing truthful and independent testimony in India. The Witness Protection Scheme, 2018, introduced pursuant to the Supreme Court’s decision in Mahender Chawla v. Union of India, represented a significant judicial intervention aimed at institutionalising mechanisms for the safety and security of witnesses. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 398 has further provided statutory recognition to witness protection by requiring every State Government to notify a Witness Protection Scheme. Nevertheless, the existing framework continues to raise concerns regarding uniformity, institutional capacity, funding, implementation, accountability and interstate protection. This paper critically examines the transition from the Witness Protection Scheme, 2018 to statutory recognition under the BNSS, 2023, and evaluates whether the existing framework adequately addresses the practical vulnerabilities faced by witnesses. Through doctrinal and comparative analysis, the paper argues that statutory recognition alone may not be sufficient to establish an effective and uniform national system. It proposes consideration of a comprehensive Central Witness Protection Act incorporating uniform standards, independent institutional oversight, dedicated funding, effective relocation mechanisms and safeguards consistent with the accused’s right to a fair trial.  

Published Paper

PDF Preview
Download Open

Author Details

Authors: NEELAM PATEL & MADHURI SINGHRegistration ID: 1013356 | Published Paper ID: IJLRA13356Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1114- 1133

Article Information

WITNESS PROTECTION SCHEME, 2018 TO STATUTORY REFORM: EVALUATING THE NEED FOR A CENTRAL WITNESS PROTECTION ACT IN INDIA BY: - NEELAM PATEL & MADHURI SINGH

Authors: NEELAM PATEL, MADHURI SINGH

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.

Creative Commons

Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.

Current Issue

Ethics and Policy

For Authors