Victim and Witness Protection by the New Criminal Laws

Victim and witness plays a vital role in adversarial system of criminal Justice which is prevalent in India. It in Cardinal principle of criminal Law that the burden of Proof always lies on the prosecution. A criminal case is to be proved beyond the reasonable doubt. In this context, protection of witness becomes very important to explore the truth the statement of witness is the determining factor for the conviction or acquittal of the accused. The Jessica Lal care and Nirbhaya case have raised many important debates on the working of our criminal Justice system the testimony of a witness is very vital in a criminal trial The significant role played by the witness is sine qua non for dispensing justice. It is true that witnesses are just like the eyes and ears of the court whose sole testimony sometimes leads to conviction or acquittal in a criminal case.

On 1st July 2024, a new era started in the criminal justice system of India with the introduction of three new criminal laws namely-Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam and Bhartiya Nagrik Suraksha Sanhita (BNSS) which replaced the Indian Penal Code, 1860, Evidence Act, 1872 and Code of Criminal Procedure, 1973 respectively.