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VOL. 2, ISSUE 3 (2026)
Beyond intimidation: A multidimensional analysis of the factors responsible for witness hostility in India's Criminal justice system
Authors
Kanchan, Dr. Suresh Kumar
Abstract
Witness testimony is
essential to the administration of criminal justice, yet the increasing
incidence of hostile witnesses continues to undermine the fairness and
effectiveness of criminal trials in India. This paper argues that witness
hostility is a multidimensional phenomenon shaped by psychological,
socio-economic, procedural, institutional, legal, and political factors rather
than intimidation alone. Using a doctrinal and analytical methodology, the
study examines the Bharatiya Sakshya Adhiniyam, 2023, the Bharatiya Nagarik
Suraksha Sanhita, 2023, the Witness Protection Scheme, 2018, Law Commission
Reports, and leading judicial decisions. It identifies key causes of witness
hostility, including inadequate witness protection, procedural delays,
ineffective investigation, financial vulnerability, and external influence,
while evaluating the limitations of the existing legal framework. The study
concludes that reducing witness hostility requires comprehensive legal and
institutional reforms, including statutory witness protection, expeditious
trials, technological safeguards, and stronger institutional support. By
adopting a multidimensional perspective, the paper contributes to the discourse
on witness protection and proposes measures to strengthen the integrity of
India's criminal justice system.
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Pages:29-34
How to cite this article:
Kanchan, Dr. Suresh Kumar "Beyond intimidation: A multidimensional analysis of the factors responsible for witness hostility in India's Criminal justice system". World Journal of Law, Vol 2, Issue 3, 2026, Pages 29-34
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