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July to September 2024 Article ID: NSS9681 Impact Factor:8.05 Cite Score:87 Download: 9 DOI: https://doi.org/ View PDf
Barriers to Effective Witness Protection: A Comparative Study of India, USA, UK, and Australia
Mansi Pandey
Research Scholar (Law) Oriental University, Indore (M.P.)
Abstract: The
integrity of the criminal justice system is inextricably linked to the reliability
of witness testimony, yet the "eyes and ears of justice" are
frequently blinded and deafened by systemic intimidation, coercion, and state
apathy. This research paper provides an exhaustive comparative analysis of
witness protection frameworks in India, the United States, the United Kingdom,
and Australia, identifying the multifaceted barriers that impede effective
implementation. By synthesizing legislative structures, institutional
architectures, and landmark judicial pronouncements, the study examines the
evolution from ad hoc judicial interventions to codified statutory programs. In
India, the recent transition under the Bharatiya Nagarik Suraksha Sanhita,
2023, and the implementation of state-level schemes like the Delhi Witness
Protection Scheme draft, represent a paradigm shift toward a rights-based
approach. Conversely, the United States’ Federal Witness Security Program
(WITSEC) and Australia’s National Witness Protection Program (NWPP) offer
established models of centralized relocation and identity change, though they
grapple with the psychological toll of "perpetual secrecy" and high
operational costs. The United Kingdom’s regionalized UK Protected Persons
Service (UKPPS) balances local police action with national oversight under the
Serious Organised Crime and Police Act, 2005. The research identifies critical barriers,
including financial insolvency of protection funds, the "cooperation
paradox" in plea bargaining, technological vulnerabilities in virtual
testimony, and the socio-cultural stigma associated with "snitching."
The paper concludes by proposing a harmonized global standard for witness
protection that integrates trauma-informed care with robust digital safeguards
to uphold the rule of law.
Keywords:
Witness Protection, WITSEC, NWPP, Bharatiya Nagarik Suraksha Sanhita, Hostile
Witnesses, Comparative Criminal Justice, Witness Anonymity, SOCPA.
