• 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.