Introduction
Justice means to do just, to do what is right. Egalitarians believe that justice can only exist within the coordinates of equality. Whether, in reality, this equality is given to all at every time so that justice could actually be done? Equality does not only mean equal representation of both victim and accused before court or equal opportunity of being heard.
Equality, for justice, also means that both the victim as well as accused have a fair chance of representing their side of story so that no innocent would suffer at the hands of law.
The importance of the witnesses to the trial process could be inferred from the words of the eminent thinker Jeremy Bentham: “Witnesses Are the Eyes and Ears of Justice.” The ordinary meaning …show more content…
Anirudh Singh observed that: “It is the salutary duty of every witness who has the knowledge of the commission of the crime, to assist the State in giving evidence.”
Wadhwa J. in Swaran Singh v. State of Punjab while commenting on the importance of a witness in the criminal justice system observed: “A criminal case is built on the edifice of evidence, evidence that is admissible in law. For that, witnesses are required whether it is direct evidence or circumstantial evidence.”
Thus a witness is an important party in a case apart from the complainant and the accused. Committee on Reforms of Criminal Justice System while emphasizing the importance of a witness says: “By giving evidence relating to the commission of an offence, he performs a sacred duty of assisting the court to discover the truth. It is because of this reason that the witness either takes an oath in the name of God or solemnly affirms to speak the truth, the whole of the truth and nothing but truth. He/she performs an important public duty of assisting the court in deciding on the guilt or otherwise of the accused in the case. He submits himself to cross-examination and cannot refuse to …show more content…
Protecting witnesses from intimidation or physical threats from crime suspects is therefore a requirement to uphold the rule of law. In the case of Krishna Mochi v. State of Bihar . Supreme Court observed that society suffers by wrong convictions and it equally suffers by wrong acquittals. The main crisis being faced by Criminal Justice System relates to intimidation or allurement of victims or witnesses leading to inevitable consequences of collapse of trial. In Krishna Mochi Case the Supreme Court pointed out various reasons why the witnesses are not deposing in the court or why their deposition is not found credible. It was observed that one of the reasons may be that they do not have courage to depose against an accused because of threats to their life, more so when the offenders are habitual criminals or high ups in the Government or close to power which may be political, economic or other powers including muscle
Justice means to do just, to do what is right. Egalitarians believe that justice can only exist within the coordinates of equality. Whether, in reality, this equality is given to all at every time so that justice could actually be done? Equality does not only mean equal representation of both victim and accused before court or equal opportunity of being heard.
Equality, for justice, also means that both the victim as well as accused have a fair chance of representing their side of story so that no innocent would suffer at the hands of law.
The importance of the witnesses to the trial process could be inferred from the words of the eminent thinker Jeremy Bentham: “Witnesses Are the Eyes and Ears of Justice.” The ordinary meaning …show more content…
Anirudh Singh observed that: “It is the salutary duty of every witness who has the knowledge of the commission of the crime, to assist the State in giving evidence.”
Wadhwa J. in Swaran Singh v. State of Punjab while commenting on the importance of a witness in the criminal justice system observed: “A criminal case is built on the edifice of evidence, evidence that is admissible in law. For that, witnesses are required whether it is direct evidence or circumstantial evidence.”
Thus a witness is an important party in a case apart from the complainant and the accused. Committee on Reforms of Criminal Justice System while emphasizing the importance of a witness says: “By giving evidence relating to the commission of an offence, he performs a sacred duty of assisting the court to discover the truth. It is because of this reason that the witness either takes an oath in the name of God or solemnly affirms to speak the truth, the whole of the truth and nothing but truth. He/she performs an important public duty of assisting the court in deciding on the guilt or otherwise of the accused in the case. He submits himself to cross-examination and cannot refuse to …show more content…
Protecting witnesses from intimidation or physical threats from crime suspects is therefore a requirement to uphold the rule of law. In the case of Krishna Mochi v. State of Bihar . Supreme Court observed that society suffers by wrong convictions and it equally suffers by wrong acquittals. The main crisis being faced by Criminal Justice System relates to intimidation or allurement of victims or witnesses leading to inevitable consequences of collapse of trial. In Krishna Mochi Case the Supreme Court pointed out various reasons why the witnesses are not deposing in the court or why their deposition is not found credible. It was observed that one of the reasons may be that they do not have courage to depose against an accused because of threats to their life, more so when the offenders are habitual criminals or high ups in the Government or close to power which may be political, economic or other powers including muscle