efficacy of legal protectional parameteres for the protection of victims and witnesses in india an analytical study

Abstract

Every crime produces victims and in most of the crime it leaves behind witness(es) too.Victim of offences against body (especially when it is related to rape offences or other sexual offences) may also be a witness. The victim of a crime is an important player in the administration of justice both as a complainant or an informant and as a witness for the prosecution. Without the victim and witness active support, the investigation may not come to a logical end. Despite of the fact that they both are crucial for the criminal justice system, earlier much attention has not been paid to the rights and interests of the victim and witness. The victim and witness is the most affected person as they have to suffer in all aspect i.e. mentally, emotionally, physically and psychologically from the time criminal law is set in motion. newlineThe adversarial system followed by the Indian criminal justice system is more inclined towards protecting the rights of accused. But it cannot be denied that the legislature has not failed to ascertain the rights and interests of the victim and witness. The Code of Criminal Procedure 1973 has adequate provisions to safeguard the rights and interest of the victim and witness and new amendments were introduced to meet the challenges in procedural as well as substantive criminal laws. The amendment in procedural laws was done mainly to protect the interest of the victim and witness and also for the better administration of the justice. Once the legislature has made new provisions and duly inserted or amended the existing laws, it is then the responsibility of the executive to look after the implementation of it. Judiciary at higher level (the Supreme Court and the High Court s) has interpreted the laws liberally and gave new dimensions to the provisions of law in order to extend protection to the victim and witness. Time and again, judiciary at higher level has taken suo moto cognizance. newline