Criminal justice delivery system: Role of society and enforcement functionaries

Of the many ills that plague the criminal justice system in India to day, the most over whelming and important one is the fact that prosecution witnesses retract from the statements made earlier before the police and turn hostile in the court. What is shocking is that witnesses are turning hostile with predictable regularity in cases involving heinous crimes or high-profile personalities due to external pressures thereby leading to the failure of the criminal justice system.

However, this is not the first time that the criminal justice system has failed to deliver justice. It is routine in India for powerful people accused for heinous crimes to be acquitted for lack of evidence. Largely because witnesses in such cases turn hostile with unfailing regularity. High-profile personalities have exposed the truth that the rich and powerful can manipulate criminal justice by intimidating and coercing the witnesses.

Witnesses assume a pivotal role in the criminal justice system of our country. In the labyrinth of criminal justice of today, where burden of proof lies heavily on the prosecution, the entire merit of a criminal case depends on the witness. By giving evidence relating to the commission of an offence, he performs a sacred duty of assisting the court to discover truth. The increasing the number of instances or witnesses turning hostile is one of the main reasons for the low conviction rate in India.

The witness also feels disgusted over having been summoned time and again and having appeared uselessly on a number of dates only to be told to appear again without failing at the risk and cost of being issued arrest warrant in case of his failure to appear or late coming. The witness then realizes the folly of his having volunteered or consented to become a prosecution witness to help the cause of justice and starts helping the defense to get ride of the harassment.