Evidence Produced by Child Witnesses and the Need for Reforms

Abstract

When a witness has been threatened, assassinated, or harassed, putting not just the witness but the citizen in jeopardy, the citizen is entitled to a fair trial. When a witness of threatened, assassinated, or harassed, not only is the witness's right to a free and impartial trial violated, but so too right of every citizen to a trial in which he or she is not subjected to coercion or intimidation. The state must protect witnesses, when it fails in this duty; it betrays the essence of the national motto "Satyamev Jayate" and acts against the will of the people. Any form of intimidation or harassment directed toward a witness has the potential to completely derail the administration of justice. An ongoing process involves the development of a witness identity program which will be available to a witness throughout the entire legal process, from the beginning of an investigation through the final delivery of a judgment. There is currently no legislation in India that guarantees the safety of witnesses, even though they play a crucial part in the country's system of criminal justice and thus are put at great risk. If the witnesses are not taken care of, they may become disinterested in helping authorities find the perpetrators of the crime. Many commissions and committees have previously studied this issue, with the hope of enacting a strong statute for witness protection in a manner that ensures a fair trial for both parties; however, no concrete action has been made so far. Thus, the swift passage of this legislation is crucial to the efficient functioning of a Justice System.