Synopsis

Title : Role of Witnesses

Subject : Legal Methods

Name of Faculty : Ms. Soma Bhattacharja

Student Name : Shloka Dikshit

Roll no. 19LLB052
Introduction :
Witnesses are brought to the court in order to provide testimony for the crime that has been
committed. A witness is one of the most important sources in discovering the truth about the
case. By giving evidence the witness helps the court to give correct judgement and administer
justice. According to Bentham, witnesses are the ears and eyes of justice. A witness is a
person who has to give evidence, is indifferent to each party, sworn to speak the truth and
nothing but the truth. The witness is first examined by the prosecution and then cross
examined by the defence counsel.
However the witness has to undergo a lot of trouble harassment for giving evidence,
especially in sexual assault cases. They are often threatened and the seriousness of the
threatening depends upon the background of the accused and family. Witnesses turn hostile
and give false evidence. There is no proper provision and law for the protection of the
witness. Witnesses aren’t even furnished with enough facilities.
Section 13 of TADA,1985 and Section 16 of TADA,1987 provide for protection of witness
and address of a witness as secret. Apart from these provisions in special statutes there is a
need for a general law dealing with witness anonymity in all criminal cases where there is
danger to the life of witness or his property.

Object of study :
● To understand the role of witnesses in the justice system
● To understand the difficulty faced by witnesses

Scope of the study :

The study is limited in understanding the role played by witnesses in the administration of
justice and the difficulty faced by them.

Significance of the study :

The study helps us to gain knowledge about the role played by witnesses in the
administration of justice. It helps us to understand the difficulty faced by witnesses while
being examined and cross questioned.

Literature Review :
The researcher has taken information from various books, web sources, case laws, articles
and case laws.

Web sources –
 www.scconline.com
 www.heinonline.com
Research Methodology :
The study is based upon doctrinal field of research.

Types of research :
This research is an explanatory study.

Research question :

● Whether witnesses in India get sufficient protection?

● Whether witnesses perform duty role well?