Witness Protection Scheme 2018: A Critical Appraisal within India’s Criminal Justice System

Witnesses constitute the backbone of the criminal justice system. Their testimony forms the basis of investigation, prosecution, and adjudication. However, the Indian criminal justice system has historically failed to provide adequate protection to witnesses, resulting in intimidation, coercion, and the alarming rise of hostile witnesses. The Witness Protection Scheme, 2018—approved by the Supreme Court in Mahender Chawla v. Union of India—marks India’s first national-level attempt to institutionalize witness protection. This paper critically examines the Scheme’s objectives, legal foundations, operational mechanisms, and limitations. It evaluates the Scheme in light of constitutional guarantees, statutory provisions, judicial precedents, Law Commission reports, and international best practices. The study concludes that while the Scheme is a progressive step, its implementation remains uneven and requires statutory backing, financial autonomy, and institutional strengthening to ensure meaningful protection of witnesses and the integrity of the criminal justice system.