The function of the witness is vital throughout the criminal trial. However, the state of the witnesses is truly appalling. They experience a great deal of difficulties both during and after the trial. Among all the problems, inadequate protection is the most prevalent. The witness is protected by numerous substantive, procedural in nature and special laws, but their scope is severely constrained.

In its many findings, the statute "Commission of India" calls for the implementation of a thorough "witness protection" statute. In-depth analysis will be done in this study to find any gaps in the current legal framework, policy, and law relevant to "witness protection" in India. Additionally, the study will produce option approaches to close the "gaps" within the legal framework, add to the body of literature, provide feedback, and urge policymakers to rethink the current law to solve the flaws.

Introduction
The foundation of a proper justice system is the witness. The "heart and soul" of an "equitable delivery system of the witness". Conviction is based on credible testimony. Witnesses are crucial for improving a fair trial system as well as for the conviction of the accused.[1] Witnesses not only preserve the lives of people who are unjustly accused but also serve as a crucial pillar in delivering justice to the particular victim.

The testimony of witnesses in court is crucial because it not only preserves lives but also brings justice to crime victims.[2] The witness must take an oath and go through a lot of formality in light of this. The authentication of the witness aids in the court's pursuit of the truth. The witness invests his time and effort in the efficient administration of justice; as such, he deserves to be honoured and respected.

The witness makes a long trip and puts in a lot of effort, so it is expected that he be treated with respect when testifying as an individual of the court. Unfortunately, it appears that none of these are taking place in the courts. Witnesses are crucial to the administration of justice. The witness's testimony has an impact on "conviction and acquisition". Bentham[3] states that "Witnesses are the eyes and ears of justice". As a result, it is essential to safeguard the witness interests.

II. Review of literature

1. Journals:
   1. Mamta Shukla And Gaurav Shukla, "The Witness Anonymity & Protection: Balancing Under Criminal Law": This article provides an outline and in-depth study of the many reasons why witnesses could alter their testimonies or become hostile during a criminal trial, which could result in an erroneous administration of justice. Additionally, it provides a possible solution for "witness protection" and anonymity in India.^[4]
   2. Hariprasad, "The Witness Protection-Bird's-Eye View": The present piece gives a critical analysis of the necessity of "witness protection" laws in India through illustrious case laws, a thorough assessment of what "witness protection" means in the context of "criminal law", and the "status of witnesses".^[5]
   3. Tanuj Bhushan, "Witness Protection In India And United States: A Comparative Analysis": The article carefully examines case law to compare the necessity of the Witness Protection programme under US criminal law.^[6]
   4. J.H. Suresh, "New Law Needed To Protect Witnesses": This article clarifies the reasons why the State of India should actively work to draught such legislation, as well as the elements that make it necessary to create specific rules for the "protection of witnesses".^[7]
       
2. Reports:
   1. "14th Report Of Law Commission (Inadequate Arrangements For Witnesses) (1958)". This report identified and emphasised the challenge that witnesses face every instance they are called before a court, and it made the recommendation that the witnesses be given travel expenses and other amenities in order to ensure that true justice is required.^[8]
   2. "172nd Report Of The Law Commission Of India, Review Of Rape Laws (2000)". The Law Commission's 172nd Report took into account the suggestions made by women's organisations and non-governmental organisations (NGO) that a "youngster who has been sexually" attacked require not testify in front of the accused, by this means introducing the idea of "Screen Technique in Criminal trials".^[9]
   3. "154th Report Of The Law Commission Of India, Code Of Criminal Procedure, 1973, (Act No. 2 Of 1974) (1996)". The 1973 Code of Criminal Procedure is being thoroughly reviewed by the 154th Law Commission in an effort to fix any pertinent issues that are causing delays in the resolution of criminal cases.^[10]
   4. "198th Report Of The Law Commission Of India, Witness Identity Protection And Witness Protection Programme, (2004)". By publishing a consultation paper on "witness identity protection" and "witness protection" schemes in August 2004 and inviting feedback via a survey, this study made the first attempt to close the gaps left by the previous studies. This report made a distinction between three different kinds of witnesses.^[11]
       
3. Books:
   1. "Ratanlal Ranchhoddas & Dhirajlal Keshavlal Thakore, Ratanlal & Dhirajlal's The Law Of Evidence". This is the most reliable book on Indian evidence law, covering each section in depth and giving a thorough and integrated summary of the Sections connected to the proficiency and compellability of witnesses providing evidence and protecting witnesses from being subjected to embarrassing questions throughout examination in a criminal trial.^[12]
   2. "Dr. N.V. Paranjape, Criminology & Penology With Victimology". This book covers the development of the theories of criminology, penology, and victimology while also emphasising the value of victim witnesses in criminal proceedings and India's justice delivery system.^[13]

Scope of the Present Study
The fundamental rule of criminal justice is that there should be no obstacles of any kind throughout the trial. Witnesses are extremely important in determining whether an accused person is guilty or innocent throughout the trial process. In order for the witnesses to appear before the court without fear, proper precautions should be taken to safeguard them from all forms that include outside pressure, threats, inducements, and intimidation. The current research aims to investigate and analyse the issues that witnesses encountered during the course of the trial. It will also assess India's current witness protection laws and regulations.

The study project will also make an effort to analyse important Supreme Court and High Court rulings, Law Commission reports, and Law Commission reports that emphasised the necessity for witness protection laws. The paper makes an effort to evaluate the plans and programmes in place in many other countries in order to assess arguments made in the context of "witness protection" in India. However, it does not propose to undertake a comparison between India and those in other jurisdictions. A thorough policy on witness protection will be improved by the modifications suggested by the research study.

Efficacy of "Witness Protection" in India: Role of witness in the justice system
Concern for witness safety has taken precedence. These days, it is quite challenging to find or track down offenders involved in organised crime. The strength of criminal organisations has increased. In these situations, it is crucial to safeguard witnesses in order to successfully prosecute the accused, especially in cases of major and complex crimes.

Only if their interests are safeguarded and the protection programmes are adequately carried out can their faith in the legal system is increased. They ought to be shielded against the harm that criminals might do to them. The witness should be able to testify without fear for his or his loved ones safety.[14]

The witness has additional hardships in court as well. The witness is in danger because of his repeated adjournments and failure to pay his dues. The court emphasised the misery of witnesses in particular for failing to give them their fair share. Their fees were to be paid to them on the same day, under the court's directive. If the case is adorned, the witness must be paid on the same day.

Steps must be taken together in the same direction.[15] The Apex Court emphasised the importance of witness protection laws in order to give witnesses proper protection so that the issue of justice can be resolved.[16]

In this case,[17] the Punjab and Haryana High Court's Full Bench ruled that the accused may learn the names, addresses, and testimonies of the witnesses before the trial begins. However, the court may want to qualify this decision by observing that it should be subject to a special circumstance in which the court may elect not to reveal the names, addresses, and testimonies of the witnesses for compelling reasons in its wisdom, especially when the potential witness's lives may be in danger.

In this case,[18] The Supreme Court determined that it would be appropriate to stop requiring the victim's identity to be disclosed during judgements rendered by the Supreme Court, high Courts, or lower courts because it would be counterproductive to the social objective of preventing social victimisation or marginalisation of those who are victims of an act of sexual misconduct for which section 228-A IPC has been enacted.

A "witness" is one of the most important components of the legal system since his testimony affects how the case is resolved. The witness must therefore make his statement on oath because the bedrock of justice is now the veracity of his testimony. A witness needs to be free to testify voluntarily, not under duress or fear.

Law relating to Witness Protection
In Cr. P. C, 1973 there is proviso for trial in the open court[19] and also for in-camera proceedings[20] for offences concerning rape.[21] Except in the situations listed in Sec. 299, where the proof can be recorded in the accused's nonappearance, Sec. 273 of the Code requires that evidence be taken in the accused's attendance.

According to Sec. 173(6), a police officer may ask the Magistrate to omit a portion of a statement made under Section 161 from the copies if, in his or her opinion, the portion is not pertinent to the proceedings, is not necessary to be revealed to the accused in the wellbeing of justice, or is not expedient for the public.[22] It is penalizing to bring out the individuality of the rape victim.[23]

Issues and Challenges in the Use of the "Witness Protection" Programme in India
The practical effectiveness of the "witness protection" programme in India is plagued by a number of problems and obstacles. Following is a list of some of them:
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Limitation of the study
The following concepts are regarded as the study's shortcomings and are not included in its purview:

1. From the beginning of the inquiry until the end of the trial, the witnesses should be treating with esteem, and any conditions that make them uncomfortable should be removed.
    
2. The required assurance that the witness would be protected from the accuser's retaliation in a timely way must be provided for the witness's peace of mind.
    
3. The cases should be organised such that summoned witnesses can testify on the same day that they are called, and adjournment be supposed to be strictly avoided.

Conclusion
It is past time for India to enact appropriate witness protection legislation. In terms of these laws, it still has a ways to go. The key to ensuring justice is ensuring the "protection of the witnesses". India needs to address the issue of intimidated witnesses becoming hostile. The right steps must be taken to protect witnesses who bravely come ahead and aid in the administration of justice.

India needs to create robust witness protection legislation that involves the judiciary, government, and police. The judiciary would review any legal ramifications, and the police would carry out the required Acts. A "witness protection" cell could be recognized to protect the witness's identities. Witnesses need to be respected and handled respectfully. They shouldn't experience harassment, abuse, or intimidation. They should be informed of the progress of the inquiry and the court case. They should be given access to health check care, reimbursement, social services, and any other assistance they might need. If participants in this initiative who are witnesses are proven to have broken the law, they should face consequences.

The police should be able to protect the witnesses by using simple measures like escorting, surveillance, etc. By adopting voice and face distorting techniques or hiding their identities, the witness's anonymity should be preserved. Justice is achieved by the use of law. Laws cannot stand still in this changing environment. Additionally, they must to be changed to reflect societal demands. The individuals should not be subjected to harassment just because they spoke out against injustice. The witness protection situation is terrible in India. Few witnesses are courageous enough to support the victim. India must pass witness protection legislation in order for the judicial system to operate properly.

Bibliography
Newspaper:

• Gangadhar S Patil, "5 years on, witness protection proposal gathers dust", Daily News And Analysis, Jan 14, 2013, available at http://www.dnaindia.com/mumbai/1788659/report-5-years-on-witness-protectionproposal-gathers-dust (last visited on June 26, 2023).

Article (online):

• Ankit Kejriwal, "Need For A Witness Protection Programme: The Solution To The Problem Of Hostile Witness", available at http://www.legalserviceindia.com/article/l259-Witness-ProtectionProgramme.html (last visited on June 26, 2023).

Books:

• Jeremy Bentham, A Treatise on Judicial Evidence Extracted from the Manuscripts of Jeremy Bentham, 226 (1st Edn., Baldwin, 1825).
• Dr. N.V. Paranjape, Criminology & Penology With Victimology, (15th Edition); Central Law Publications.
• Ratanlal Ranchhoddas & Dhirajlal Keshavlal Thakore, Ratanlal & Dhirajlal's The Law Of Evidence (Act I Of 1872), (21st Edn. 2004).

Journals:

• Varinder Singh, Witness Protection in India: The Judicial Endeavour; 4 (1) (International Journal of Advanced Research), (2016).
• Tanuj Bhushan, "Witness Protection In India And United States: A Comparative Analysis"; Vol.2 (1) (International Journal Of Criminal Justice Sciences) 13 (2007).
• J.H. Suresh, "New Law Needed To Protect Witnesses"; (In Combat Law), Vol. 4, Issue 1 (April-May 2005).
• Mamta Shukla And Gaurav Shukla, "The Witness Anonymity & Protection: Balancing Under Criminal Law"; (Journal Of Education And Social Policy), Vol. 1, No. 2, Dec 2014.
• Hariprasad, "The Witness Protection-Bird's-Eye View"; (Article Of Kerala Judicial Academy); 2006(1).
• Tanuj Bhushan, "Witness Protection In India And United States: A Comparative Analysis"; Vol.2 (1) (International Journal Of Criminal Justice Sciences) 13 (2007).

Cases:

• Rishipal Singh Solanki v/s. State of Uttar Pradesh (2021 SCC Online 1079).
• In Bimal Kaur Khalsa v/s Union Of India, AIR 1988 P&H 95.
• In State of Punjab v/s Ramadev Singh, AIR 2004 SC 1290

Acts with Section:

• Code of Criminal Procedure, 1973, s. 327.
• Code of Criminal Procedure, 1973, s. 327 (2).
• Indian Penal Code, 1861, ss.376 A to 376 D.
• Code of Criminal Procedure, 1973, s. 173 (6).
• Indian Penal Code, 1861, s. 228 A.

Reports:

• 14th Report Of Law Commission (Inadequate Arrangements For Witnesses) (1958)
• 172nd Report Of The Law Commission Of India, Review Of Rape Laws (2000).
• 154th Report Of The Law Commission Of India, Code Of Criminal Procedure, 1973, (Act No. 2 Of 1974) (1996).
• 198th Report Of The Law Commission Of India, Witness Identity Protection And Witness Protection Programme, (2004).

End Note:

1. Gangadhar S Patil, "5 years on, witness protection proposal gathers dust", Daily News And Analysis, Jan 14, 2013, available at http://www.dnaindia.com/mumbai/1788659/report-5-years-on-witness-protectionproposal-gathers-dust (last visited on June 26, 2023).
2. Ankit Kejriwal, "Need For A Witness Protection Programme: The Solution To The Problem Of Hostile Witness", available at http://www.legalserviceindia.com/article/l259-Witness-ProtectionProgramme.html (last visited on June 26, 2023).
3. Jeremy Bentham, A Treatise on Judicial Evidence Extracted from the Manuscripts of Jeremy Bentham, 226 (1st Edn., Baldwin, 1825).
4. Mamta Shukla And Gaurav Shukla, "The Witness Anonymity & Protection: Balancing Under Criminal Law"; Journal Of Education And Social Policy, Vol. 1, No. 2, (Dec 2014).
5. Hariprasad, "The Witness Protection-Bird's-Eye View", Article Of Kerala Judicial Academy), Vol. (1) (2006).
6. Tanuj Bhushan, "Witness Protection In India And United States: A Comparative Analysis"; Vol.2 (1), International Journal Of Criminal Justice Sciences, 13 (2007).
7. J.H. Suresh, "New Law Needed To Protect Witnesses", In Combat Law, Vol. 4, Issue 1 (April-May 2005).
8. 14th Report Of Law Commission (Inadequate Arrangements For Witnesses) (1958).
9. 172nd Report Of The Law Commission Of India, Review Of Rape Laws (2000).
10. 154th Report Of The Law Commission Of India, Code Of Criminal Procedure, 1973, (Act No. 2 Of 1974) (1996).
11. 198th Report Of The Law Commission Of India, Witness Identity Protection And Witness Protection Programme, (2004).
12. Ratanlal Ranchhoddas & Dhirajlal Keshavlal Thakore, Ratanlal & Dhirajlal's The Law Of Evidence (Act I Of 1872), (21st edn. 2004).
13. Dr. N.V. Paranjape, Criminology & Penology With Victimology, (Central Law Publications, 15 th edn.,).
14. Varinder Singh, Witness Protection in India: The Judicial Endeavour; 4 (1), International Journal of Advanced Research, (2016).
15. Tanuj Bhushan, "Witness Protection In India And United States: A Comparative Analysis"; Vol.2 (1), International Journal Of Criminal Justice Sciences, 13 (2007).
16. Rishipal Singh Solanki v/s. State of Uttar Pradesh (2021 SCC Online 1079).
17. In Bimal Kaur Khalsa v/s Union Of India, AIR 1988 P&H 95.
18. In State of Punjab v/s Ramadev Singh, AIR 2004 SC 1290
19. Code of Criminal Procedure, 1973, s. 327.
20. Code of Criminal Procedure, 1973, s. 327 (2).
21. Indian Penal Code, 1861, ss.376 A to 376 D.
22. Code of Criminal Procedure, 1973, s. 173 (6).
23. Indian Penal Code, 1861, s. 228 A.