Indian Evidence Act and the Loopholes Regarding Position of Witnesses in the same : Possible Amendments
By
Roshan Santhalia
Introduction
Indian Legal System has often been criticized for having a very weak witness protection programme and the fact remains that hostile witnesses and the security of witnesses has been a major problem in India since a long time now. This research paper seeks to look into the Indian Evidence Act and carefully suggest some amendments which might improve the condition of the witnesses in general.
In respect of rights that are required to ensure effective victim testimony, there are two important aspects. The first is to ensure that evidence or the statement of a victim that has already been recorded at the stage of investigation is not allowed to be destroyed by the victim resiling from his or her statement while deposing on oath before a court. This phenomenon, of victims turning ‘hostile’ on account of the failure to protect the victim, is one aspect of the problem. It requires that the identity of the victim in some cases be k ....