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Witness Protection: A Comparative Analysis of

Indian and Australian Legislation
Prashant Rahangdale
Assistant Professor,
Amity Law School,
Amity University Chhattisgarh,
Raipur (C.G)

Abstract: Witness plays a very important role in the criminal justice system. The outcome of any trial is based on the
testimony witness. Without his assistance Court could not sumup with a judicious decision. However, it has been seen
in various instances that witnesses turn hostile during the course of a trial. The main reason behind hostility is that
the witness is threatened and being pressurized by the accused or his family members to offer testimony in his/her
favour. This has turned to a miscarriage of justice. Therefore, there is a need to adopt a proper and effective witness
protection policy in the country. In light of the above issue, the Central government had notified a Scheme called
Witness Protection Scheme, 2018. Although the scheme was adopted in full enthusiasm and zeal it has not served its
purpose. There are various countries like USA, UK, Australia, Germany, Canada, etc. who have incorporated witness
protection program in their domestic laws. The witness protection program in Australia is serving its objective by
providing protection to the witness in their country. This research paper is based on a comparative study of the
witness protection program in India and Australia to identify the possible outcome.

Keywords: Witness protection, hostility, Identity protection, Witness anonymity

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I. INTRODUCTION
The dark side of any trial can be lightened through the testimony of a reliable witness. It is pertinent to note
that the statement adduced by the witness assists the court to arrive at a rational decision. Therefore, the
witness plays a key role in the justice administration system. Justice Wadhwa in Swaransingh v. State of
Punjab expressed that: “A criminal case is built on the edifice of evidence, evidence that is admissible in
law. For that witnesses are required, whether it is direct evidence or circumstantial evidence.”1 A witness
is the moral fibre of a trial process and the court will be in dormant state in the absence of witness. The
committee on reforms in Criminal Law headed by Justice V.S Mallimath has suggested that ―The witness
should be treated with great respects and should be considered as a guest of honour”.2 Great English
philosopher, jurist, and social reformer Jeremy Bentham expressed his views and considered ‗witnesses as
the eyes and ears of justice.’3 Although the law has not specified any fixed number of witnesses to establish
a fact, a single reliable eye witness is sufficient to determine the truth. Moreover, statement adduce by a
witness has a catalytic force which can change the course of a trial. Therefore, the witness should be free
from all fear and favour at the time of furnishing his testimony.

1
Swaransingh v. State of Punjab AIR 2000 S.C. 2017.
2
Committee on Reforms in Criminal Justice System‘, headed by Justice Mallimath, Vol. I, P.151
3
Mahender Chawla & Ors. v/s Union Of India & Ors. Writ Petition (Criminal) No. 156 Of 2016
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I.I WHO IS A WITNESS?
Term ‗witness‘ is nowhere defined under Code of Criminal Procedure, 1973. Though the Indian Evidence
Act, 1872 is soul law governing evidence, it has not given any precise definition of Witness. However,
Section – 3 of describes "Evidence" as-"Evidence" means and includes-
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation
to matters of fact under inquiry; such statements are called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court; such
documents are called documentary evidence.
 Concise Oxford English Dictionary defines ―Witness as a person who sees an event takes place‖.
According to Black‘s Law Dictionary ‗witness‘ has been defined as: ―In the primary sense of the word, a
witness is a person who has knowledge of an event. As the most direct mode of acquiring knowledge of
an event is by seeing it, ―witness‖ has acquired the sense of a person who is present at and observes a
transaction.‖4
 The Witness Protection Scheme, 2018 defined the term ‗witness‘ under Section – 2 (k) - which means
witness is ―any person, who posses information or document about any offence‖.
Going through all the definition we come to the conclusion that Witness is a person who is having sufficient
knowledge about incident and he is capable of giving his testimony in Court of law. Therefore, the role
played by the witness in any trial is paramount which ultimately resulted in the final disposal of case.

I.II HOSTILE WITNESS

The term ‗Hostile witness‘ or ‗Hostility‘ has not been defined by Indian Evidence Act, 1872 or any other
Code, however, in general sense, hostile witness means when the witness rebuts his own statement during
the trial, which he has already tendered in front of police officials. Black‘s law dictionary defines hostile
witness as ―A witness who is biased against the examining party or who is unwilling to testify‖5.Moreover, in
Sat Pal V/s. Delhi Administration the Hon‘ble Supreme Court in its judgment tried to define hostile
witnesses under para 37 and laid that ―to steer clear controversy over the meaning of hostile witness,
adverse witnesses, unfavorable witness which had given rise to considerable difficulty and conflict of
opinions, the authors of the Indian Evidence Act, 1872 seem to have advisedly avoided the use of any of
those terms so that in India the grant of permission to cross-examine his own witness by party is not
conditional on the witness being declared adverse or hostile‖. 6 Therefore, it can be concluded that the
hostile witnesses are those witnesses who change their testimony time to time or utters statement against the
party who calls them. Hostility may cause due to various reasons which may vary from cases to case and
circumstances to circumstance. Some common reasons for witnesses turning Hostile are: Unwarranted delay
in disposal of cases; Threatening and intimidation on the witness; Monetary enticement; Political pressure
on the witness to give testimony; Absence of effective witness protection policy during or after trial.

I.III WITNESS PROTECTION NEEDED

Mrs. Bina Ramani, a lady running restaurant and a prime witness in Jessica lal case said after the final
disposal of the case by Delhi High Court that "There will be no Zaheera Sheikhs and Shayan Munshis if we

4
Bryan A. Garner (ed.) Black‘s Law Dictionary, West Group, St. Paul, Minnesola,(17th Ed.,1999), P. 1596
5
http://www.lawyersclubindia.com/articles/Hostile-Witnesses-A-Treatment--3984.asp
6
Sat Pal V/s. Delhi Administration A.I.R. 1976 S.C. 294
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have more protection for witnesses." 7 The recent case of Asha Ram Bapu and VYPAM are the best
examples wherein not only the prime witnesses but also various journalists and other individuals who were
associated with the case were killed. Many innocent witnesses have lost their life due to lack of effective
Witness Protection mechanism in the Indian Criminal Justice System.
Recently, the Central government had notified a Scheme called Witness Protection Scheme, 2018. The
Scheme aims to create a sense of security and confidence in the mind of the witness so that they voluntarily
come forward to assist the court by furnishing testimony. Further, the Scheme is endowed with various
protective measures to defend the witness from being subjected to the harsh consequence of trial. Moreover,
some special Acts like Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and Prevention of
Terrorist Act, 2002 (POTA) explicitly mentioned various provisions for the protection of witnesses in
serious crimes but now these Acts are repealed by Indian Parliament. Unlawful Activities (Prevention) Act,
1967 also provides for few provisions for the protection of witness but this is Act is applicable to serious
offences only. In this regard countries like United States of America, United Kingdom, Australia, Canada,
South Africa etc. are the best example who have incorporated a comprehensive policy on Witness Protection
in their domestic laws. However, this research paper will analyze various rules and regulation in relation to
the protection of witness in India and Australia and provide necessary suggestions in this regard.

II. WITNESS PROTECTION UNDER INDIAN LEGISLATIONS:

 Code of Criminal Procedure, 1973:
The detailed procedure for the trial of criminal cases is provided under the Code of Criminal Procedure. It is
pertinent to note that Cr.P.C being modern law has recognized the role of witness in criminal trials. Section
160 of Cr.P.C provides for the power of a police officer to ask for attendance of a witness. Under this
section the payment of reasonable travel expenses incurred by the person for travelling shall be paid.
Section 284 of Cr.P.C provides that, whenever it appears to the court that without any delay the attendance
of the witness is required for examination during the course of the trial, the court may dispense the personal
attendance of a witness and issue a commission to meet ends of justice. Moreover, the expenses for the
issuance of commission for examination shall be borne by the accused. Section 309 of Cr.P.C provides that
every inquiry or trial shall be held as expeditiously and once the examination of witnesses begun, it should
continue in day to day basis unless the Court adjourns the proceeding for sufficient reasons. Section 312 of
Cr.P.C gives power to criminal court to order payment of reasonable expense incurred by complainant or
witness for attending court proceedings. The amount shall be paid by the Government.
 The Unlawful Activities (Prevention) Act, 1967:
The Unlawful Activities (Prevention) Act was passed by Parliament in to combat unlawful and terrorist
activities of certain individual and association. There are two provisions in this Act which deals with the
aspect of Witness. Section 22 of the Act provides for punishment for threatening a witness. It states that any
person who threatens a witness by any violent act or puts any wrongful restrain or confines the witness etc.
shall be punished with imprisonment. Moreover, Section – 44 of the Act grants the protection of witnesses.
This section provides that if the court desires, the proceeding can be conducted in camera. There are two
types of protection given to witness under this section i.e. identity protection and maintaining the address of
witness secret. The application under this section can be made by the witness on his own account or by his
public prosecutor or court by suo moto action on the ground that there is a threat to the life of witness.

7
http://www.tribuneindia.com/2006/20061219/main2.htm
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Further, the person who contravenes the provisions of this section shall be punished with imprisonment.
 The Terrorist and Disruptive Activities (Prevention) Act, 1987:
The Terrorist and Disruptive Activities (Prevention) Act, 1987 was specifically intended to fight against
terrorist activities in India. Section 16 of the Act provides for the protection of witnesses. It states that if
designated court desires the proceedings can be held in camera. Further, the Designated Court under sub-
section - 2 can take measures to protect the identity of the witness and keep the address of any witness secret
on an application made by a witness or his prosecutor or court on suo moto cognizance. Moreover, if any
person contravenes the provisions of this section then he shall be lible for punishment.
 Prevention of Terrorism Act, 2002:
The Prevention of Terrorism Act, 2002 (POTA, 2002) also provides for the provision of witness protection.
Section 3(7) provides for punishment to a person who threatens witness by any violent act or puts any
wrongful restrain or confines the witness or does any unlawful act to threaten him shall be punished with
imprisonment. Moreover, Section 30 of the Act provides for protection to the witness. It states that if the
Special Court desires the proceedings can be held in camera. Further, the Special Court under sub-section - 2
can take measures to protect the identity of the witness and keep the address of any witness secret on an
application made by a witness or his prosecutor or court on suo moto cognizance. Moreover, if any person
contravenes the provisions of this section then he shall be lible for punishment.
 The National Investigation Agency Act, 2008:
The National Investigation Agency, 2008 was incorporated combat terrorist activity. NIA Act also provides
provision for witness protection. Under Section 17 of the Act, the Special Court has the power to hold court
proceedings in camera. Whenever it appears to the court that life of witness or the person on whom witness
has an interest is in danger than under this section the ‗protection of identity‘ and ‗address of witness
secrete‘ can be granted to witness. The application under this section for protection can be either made by
the witness, prosecutor or even the court can take suo moto cognizance. The person who contravenes the
provision of this section shall be punished with imprisonment.
 Delhi Witness Protection Scheme, 2015:
Delhi Witness Protection Scheme, 2015 is the first among all the legislation wherein the term witness has
been defined. Section 2 (m) of the Scheme provides for the definition of ‗Witness’ which means that a
witness is a person who is having the knowledge about any criminal act or possesses any document about
the same and he has made or agreed to make the statement in a criminal proceeding. According to Section –
3 of the Scheme the witness is categorized into three different categories i.e. according to the threat
perception. Section 6 of the scheme provides for the procedure for making an application for witness
protection. The Competent Authority shall pass the order of witness protection basing upon the Threat
Analysis Report (TAR) prepared by police officials. Section- 7 of the Scheme provides for different types of
protection which are proportional to the threat and for a limited duration. They may include: no meeting of
witness and accused during trial, concealing of identity of the witness, close protection, regular patrolling
around the witness‘s house, temporary change of residence, holding of in-camera proceedings, awarding
financial assistance to the witness from Witness Protection Fund for the purpose of re-location, sustenance
or starting new vocation/profession etc. Section 98 of the Act offers identity protection to the witness in
serious offences. A separate application shall be made under this section to the competent authority. The
order of protection of Identity shall be passed by competent authority basing upon TAR and after the

8
See Section – 9 of The Delhi Witness Protection Scheme, 2015
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examination of witness and his family members which shall be in enforcement during the course of
investigation or trial.
 Maharashtra Witness Protection and Security Act, 2017:
The Maharashtra Witness Protection and Security Act, 2017 provides protection not only to the witness but
also their relative during the trial of serious offences. Section 2 (e) of the Act defined ―witness‖ includes
victim and his near relatives under threat in the trial for serious offences. Section – 6of the Act, deals with
the aspect of protection to witnesses in serious offences. The Committee under the Act is empowered to
provide protection to the witness if the application is made by the witness or his relative or by other
authorities mentioned in the section. Section – 7 of the Act, deals with the procedure for providing
protection to the witness. The District Committee is an apex authority to take any action on an application
made by a witness whose life is in danger for protection in a criminal trial. Before granting protection the
Committee shall make a detailed enquiry about the threat perception. Section – 8 and Section - 9 of the Act
offers protection during investigation and trial which shall be directed by the committee. Section 11
mandates that the investigating officer shall not disclose the names and addresses of the witnesses till the
disposal of the case and if they contravene the provision they shall be punished under Section 13with
imprisonment.
 Witness Protection Scheme, 2018:
The Witness Protection Scheme, 2018 defined the term ‗witness‘ under Section – 2 (k) - which means
witness is ―any person, who posses information or document about any offence‖. The Scheme also provides
for the provision for ‗Witness Protection Fund 9‘ which shall be operated by State government and Union
territories. The Fund shall be used to bear the cost sustained during the execution of the Witness Protection
Order10 which is passed by the Competent Authority11 and other associated expenditure. Very importantly
Section 2 (i) of the Scheme defined the term Offence and the scope of the definition is very narrow and
include the offences which are punishable Seven-year and above. Section 2 (j) of the Scheme provides for
preparation of a report which shall be called as ‗Threat Analysis Report‘. The report shall analyze the
seriousness of threat perception and it shall be prepared by the head of the police in the District. Section – 3
of the Scheme segregate the witness into three different categories. Under Category ‗A‘ witness are
categorized according to the threat which is extending to cause harm not only to the witness but also to his
family members and their living is affected for a considerable period, during or subsequent to investigation
or trial. Further, Category ‗B‘ specified the threats which affect the safety, reputation or property of the
witness including his family member only during the course of investigation or trial process. Category ‗C‘
includes the threats which are ordinary in nature and covers the offence of harassment and intimidation of
the witness or his family member's, reputation or property, during the investigation process. Section – 6 of
the Scheme, deals with the procedure for making an application for witness protection. The application
under this section shall be filed to the Member Secretary of the Competent Authority who shall forward it
the designated police officials for ‗Threat Analysis Report‘ which shall be prepared within five working
days with full confidentiality. The Report shall analyze the threat perception and suggest protective
measures. Basing upon the report the Witness Protection Order shall be passed by the Competent Authority
and it shall be implemented by the Witness Protection Cell. Section – 7 of the Scheme provides for various
types of protection measures provided to the witness. The order for witness protection under this section

9
See Section - 2(m) of The Witness Protection Scheme, 2018
10
See Section - 2 (n) of The Witness Protection Scheme, 2018
11
See Section - 2 (c) of The Witness Protection Scheme, 2018
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shall be in proportion to the threat acuity which shall be limited to not exceeding three months at a time. The
witness protection measures may include concealment of identity of the witness, close protection, regular
patrolling around the witness‘s house, temporary change of residence, holding proceedings in-camera,
awarding time to time periodical financial aids to the witness from Witness Protection Fund etc. In Part III
of the Scheme, section - 9 offers protection of identity of witnesses during the course of investigation or
trial. Under this section, an application for protection of the identity of the witness can be filed before the
Competent Authority and upon an application, he shall call for Threat Analysis Report. The Competent
authority shall analyze the necessity to pass an order under this section and do the needful accordingly. It
becomes the duty of the Witness Protection Cell to act in accordance with the order made under this section
and provide necessary protection to the witness. Further, Part IV of the Scheme, section - 10 provides for
change of identity of a witness by granting new identities and Part V of the Scheme section – 11 for the
relocation of witness to a safe place in any State and Union Territory of India.

After making an elaborative study of the provisions of this Scheme, we can conclude that this is a good
initiative taken by the Central government to fight against the problems faced by the witness during the
course of a trial. However, the Scheme seems to be out of reach of practicality as the protection offered
under the Scheme is limited and doesn‘t resolve all the plight of witnesses.

III. WITNESS PROTECTION PROGRAMMES UNDER AUSTRALIAN LEGISLATION

While going through Australian legislation we found that there are various legislations in the Continent
pertaining to Witness protection. In this para, there is a detailed discussion on the best practices adopted by
the Australian legislation.
 Witness Protection Act, 1991 (Victoria - Australia)
In Australia, the Parliament of Victoria has enacted an Act called as Witness Protection Act, 1991 for the
purposes of protection to the witnesses in criminal proceedings. The term ‗Witness‘ is very simply defined
under Section 3(1) of the Act and it means a person who has given or agreed to give, testimony on behalf of
the Crown in proceedings before various authorities and who is in need of protection or assistance from the
state. Section 3A of the Act provides for the Victorian Witness Protection Programme. The Chief
Commissioner of Police is empowered to take action for the protection of the witness and his family
members under this section. The order made under this section may include – establishing new identity,
relocation to a different place, providing new accommodation and transport facility to the witness or his
family member. Further, Section 3B of the Act gives power to the Chief Commissioner of Police to decide
whether a witness can be included in the Victorian witness protection program or not. Moreover, Section – 5
of the Act provides for Memorandum of understanding. For the purpose of providing protection and
assistance to the witness, the Chief Commissioner of Police shall enter into a Memorandum of
understanding (MOU) with the witness. The MOU shall be signed by the witness and it will mention the
terms on which the witness may be included in Victorian witness protection program for protection and
assistance. However, if the witness breaches the terms of MOU then it may lead to termination. Section – 16
of the Act provides for Cessation of protection and assistance.

 Witness Protection Act, 1996 (Australian Capital Territory)

National Capital Territory of Australia incorporated separate legislation to protect the safety and welfare of
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witnesses, namely Witness Protection Act, 1996 is in force in Australian Capital Territory. It is almost on
the same lines as the Victorian Witness Protection Act, 1991. The powers and functions of Chief Police
Commissioner provided under the Victorian Protection of Witness Act, 1991 are here given to the Chief
Police Officer, in the Witness Protection Act, 1996. Section - 3 of the Act defines the term ‗witness‘, it
means and includes any person who is willing to give testimony on behalf of Crown in any proceeding or
hearing before any authority mentioned in the section. Part II of the Act is titled as - Witness Protection
Program and Section 4 contemplates that, The Chief Police Officer with the Commissioner shall take action
for protection, safety and welfare of a witness. The action may include - giving a new identity, relocating,
providing new accommodation and transport and financial assistance to the witness. Under section 5 the
assessment and inclusion of a witness in the witness protection program shall be done in accordance with the
provisions of the Commonwealth Act. The Chief Police Officer, under Section 6, may apply for any
document which is necessary to allow a witness to establish a new identity or to protect the witness. Further,
the Supreme Court may make a witness protection order under Section 8, if the conditions laid down in
clause (a) to (d) are fulfilled. The conditions mentioned in this section are on the same lines as Section 7 of
the Victorian Statute, 1991. Section 21 penalize the person with imprisonment up to 10 years for any
disclosure made by about the identity or location of any participant or any disclosure which compromises
the security of such participant.

 Witness Protection Act, 2000 (Queensland)

Part 2 of the Queensland‘s Witness Protection Act, 2000 provides for the Witness protection program.
Section 5 stipulates that the witness protection program shall run by the commission to provide protection to
the witnesses who are included under section 6 of the Act or under complementary witness protection law.
If the Chairman is satisfied he may include the person in the program as the protection agreement under
section -7. In case of urgency, the Chairman may order for interim protection also. The protection
agreement may also be suspended by Chairman, if the witness has threatened the integrity of the program or
if he is not properly protected by the program. The Act also provides for voluntary withdrawal of witness
from the program through a notice under section 13.
 Evidence (Witness Anonymity) Amendment Act, 2000: (Queensland)
The Queensland Evidence Act, 1977 was amended in the year 2000 by Evidence (Witness Anonymity)
Amendment Act, 2000 and Division 5 regarding ‗witness anonymity‘ was inserted. Section 21C decides the
scope of division and section 21D provides for ‗witness anonymity certificate‘. As per this section, the Chief
Executive Officer of a law enforcement agency is authorised to give witness anonymity certificate, when it
is considered necessary to protect a person who is, or was, a covert operative (for def. refer section 4 of the
Act) for the agency and he is or may be required to give evidence in the proceeding. Section 21F provides
for Effect of witness anonymity certificate, it contemplates that the protected witness may give testimony in
the court proceeding under the name the witness used in the relevant controlled operation and no question
shall be asked to the witness which may lead to the disclosure of his identity and his address. Further, the
copy of witness anonymity certificate shall also be forwarded to the authorities mention in Section 21G. To
protect the identity of the protected witness the authorities mentioned in the Act are empowered to make an
order under section 21H. Even they may impose a maximum penalty—85 penalty units or 1 year‘s
imprisonment for contravention.

Australia is a developed nation incorporated a vast policy on witness protection. The foregoing Act has not
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only provides for protection to the witness during judicial proceedings but they also created a sense of
security among common man to come forward to offer testimony in the court of law. For this reason,
Australian legislation on witness protection can be a pioneering step for those countries who seek to provide
protection and security to witness in their nation.

IV. SUGGESTION AND RECOMMENDATION

Discussing all the major Acts dealing with Witness Protection in Australia, we can articulate that Australia
has a strong Witness Protection program regime in their country. Adjudging all the provisions we find some
unique features of Witness Protection in Australia. They are as follows:

1) Memorandum Of Understanding (MOU): One of the unique features which have been found in
Witness Protection Act, 1991 (Victoria - Australia) is that, that there is a provision for the signing of the
memorandum of understanding between the witness and the Chief Commissioner for protection. The
provision for memorandum of understanding has been provided under Section 3B of the Act. The
memorandum of understanding must set out the basis on which the witness is included in the Victorian
Witness Protection Programme and details of the protection and assistance that are to be provided and
should also contain a provision that protection and assistance may be terminated if the witness commits
breach of a term of the memorandum of understanding (MOU). There is no such provision in the Indian
government‘s Witness Protection Scheme, 2018.
2) Witness anonymity: Another feature which has been seen in the Criminal Justice System of Queensland
is that, that they had enacted an Act called as Evidence (Witness Anonymity) Amendment Act, 2000.
This Act has empowered the Magistrate to the order of anonymity in favour of the witness whose
personal safety is in endangered by disclosure of his identity. Sometime it may happen that the identity
of the witness is known to the accused and he may put a threat to the witness. Therefore, the order of
anonymity may be issued by the concerned authorities to protect the identity of the witness. However,
there is no provision for witness anonymity protection under the Witness Protection Scheme, 2018.
3) Moreover, there are few drawbacks which need to get resolved. The Witness Protection Scheme, 2018
provides for temporary protection of three months to the witness and after this duration, the witness is
prone to get threatened by accused. Therefore, the limitation of three months should be diluted and the
protection shall be given to the witness till the threat perception subsists.
4) Further, the scheme has categories the witness according to threat perception; however such
categorization will not serve the purpose of incorporation of the scheme.
5) Under the provisions of the scheme, the Threat Analysis Report shall be prepared by the head of the
police in the district which increases the chance of political or influence people‘s interference in high
profile matters.
6) No doubt the scheme seems to be a milestone for incorporating a legal framework for the protection of
witnesses during the trial but due to limitations in the scheme, it will not benefit the witness.

V. CONCLUSION
Witnesses in India are in dire need of strong protection. This is because of that fact that, that our Criminal
Justice System has aptly focused to protect the rights of accused, but rights of witnesses have been ignored.
The witness seems to be helpless when he approaches the Court to lend his testimony. Nevertheless, the
Code of Criminal Procedure is in the concurrent list of Indian Constitution, hence both Centre and State can
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legislate on these matters. Supreme Court in recent past in its landmark judgment Mahender Chawla & Ors.
v/s Union of India & Ors12 endorsed the draft on Witness Protection Scheme, 2018 and directed the Central
and State government and Union territories to enforce the scheme in letter and spirit. Moreover, the Supreme
Court also declared the scheme as ‗law‘ under Article 141/142 of the Constitution, till any appropriate
Central or State enactment. The scheme is a landmark initiative for the protection of witnesses during the
course of the trial. However, it has some drawback which is highlighted in suggestion and recommendations.
Moreover, the Government of National Territory Delhi, Maharashtra and Odisha have also incorporated the
Scheme in their states to provide protection to the witness. Other State government may also undertake such
initiatives. However, while drafting such policies a reference can be taken from the Australian legislations,
as the provision which is there in Australian legislation are very much effective in protecting the witness
from treat and intimidation imposed by accused. Therefore, the Indian Parliament should also integrate such
a policy through which witness could be facilitated.
*********************
REFERENCES
1) H. Suresh, New Law Needed for Witness Protection, Combat Law, Vol. 4, Issue 1, April-May 2005,
available at <www.indiatogether.org/combatlaw/vol4/issue1/witness.htm>
2) United Nations Office on Drugs and Crime report on Good Practices for the Protection of Witnesses in
Criminal Proceedings Involving Organized Crime
3) A. Hariprasad, Witness Protection-Bird‘s-Eye View, 2006 (1) J.V.
4) Suprio Bose, ―Hostile Witness: Critical Analysis of Key Aspects Hitherto Ignored in Indian Law‖
available on www.Legalserviceindia.com/article
5) Thakur, Rustam Singh, Evidentiary Value of Hostile Witness: Chronological Case Law Study to
Address Current Position in India Available at SSRN: https://ssrn.com/abstract=1985129
6) N . VARGHESE, Witness Protection: Problems Faced and Need for a Protection Programme in India,
Available from <http://www.lawctopus.com/academike/witness-protection-problems-faced-and-need-
for-a-protection-programme-in-india/
7) Fali S. Nariman, Complexities of Witness Protection, available on <http://www.hindu.com/2007/03/27/
stories/2007032702731100.htm>
8) Justice Malimath committee- Government of India, Report on Reform of Criminal Justice System, 2003,
Vol. I, p. 151. Manoj Mitta, Urgent Need for a Witness Protection Programme: Law Panel Tells Govt.,
available at <http://www.indianexpress.com/oldstory.php?storyid=53483>
9) Ratanlal & Dhirajlal, The Law of Evidence, 19th Ed, Nagpur: Wadhwa, 1997

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