Effect Of Witnesses Turning Hostile On Our Justice System

In our criminal justice system witnesses are harassed. The way he is dealt with is a subject of criticism. And when he dose not appear in the court then he is subjected to cross examination and lands himself in a helpless situation. For all these reasons a person abhors from becoming a witness. A lot of witnesses do turn hostile because of threat by the powerful. It was observed by the Delhi High Court. Sometimes witnesses are treated with offending words even by the courts which has been taken in a serious way by the apex court in Tessta Setalvad v State of Gujarat[5] as it directed the lower courts not to use loud and offensive language against the witnesses. The fact is that the accused are able to intimidate the witnesses because there is no provision available under which after the assessment of a particular witness the administration Could give the witness requisite security cover.

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