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Volume 6 Issue 8
August 2025
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Victim Protection and Witness Anonymity in Criminal Trials: Global Norms and Indian Realities
Author(s) | Aaryan Bansal, Dev Plaha |
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Country | India |
Abstract | Victim and witness protection is vital for ensuring justice is served fairly, especially in criminal cases where their testimonies can determine outcomes. However, protecting these individuals often faces significant hurdles, both in India and worldwide. This paper explores the evolving framework of victim and witness protection in criminal trials, with a particular focus on Indian legal and constitutional developments within a comparative global context. As indispensable participants in the justice process, victims and witnesses often face threats, coercion, and intimidation that endanger both personal safety and the fairness of trials. While international legal instruments such as the International Covenant on Civil and Political Rights (CCPR), United Nations Convention against Transnational Organized Crime (UNTOC), and the Rome Statute underscore the necessity of such protections, India’s trajectory has been shaped by constitutional principles under Articles 14, 21, and 39A, landmark judgments, and evolving legislative measures. Despite significant doctrinal affirmation through decisions such as Zahira Sheikh and Mahender Chawla, the country continues to grapple with inconsistent enforcement, fragmented statutory provisions, and gaps in awareness and infrastructure. The paper discusses India’s experience alongside practices in various international jurisdictions, highlighting various models such as anonymity protocols, relocation schemes, and in-camera proceedings. It also assesses the Witness Protection Scheme, 2018, as a pivotal development, albeit one requiring statutory codification and enhanced implementation. By examining theoretical foundations grounded in social contract theory and international jurisprudence, the paper argues for a more integrated and rights-based approach. Ultimately, it proposes a targeted roadmap to bridge the gap between normative frameworks and operational realities, reinforcing that effective victim and witness protection is essential not only for securing individual justice but for preserving public confidence in the rule of law |
Keywords | Constitutional law, Criminal justice, Victim rights, Witness protection. |
Published In | Volume 6, Issue 7, July 2025 |
Published On | 2025-07-24 |
Cite This | Victim Protection and Witness Anonymity in Criminal Trials: Global Norms and Indian Realities - Aaryan Bansal, Dev Plaha - IJLRP Volume 6, Issue 7, July 2025. DOI 10.70528/IJLRP.v6.i7.1682 |
DOI | https://doi.org/10.70528/IJLRP.v6.i7.1682 |
Short DOI | https://doi.org/g9t2x9 |
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IJLRP DOI prefix is
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