WITNESS RELIABILITY IN CRIMINAL TRIALS

Abstract [English]

Indian courts accept and analyse witness testimony under the 1872 Evidence Act. Section 118-134 allows courts to hear several witnesses and preserve testimony. Under Section 154, courts can cross-examine opposing witnesses. Section 134 gives child witnesses special standing and needs no minimum number of witnesses to prove a fact. India's complicated justice system prioritises witness intimidation, protection, and fair trials for all. Indian law establishes truth and justice through eyewitness testimony. In India's criminal justice system, psychological, social, and environmental factors impact witness reliability. Human memory, misremembering, societal pressure, delayed testimony, and environment can impair witness credibility. Memory is imperfect and impacted by illumination, distance, and witness mental and physical state. Witnesses may lie or recant due to social pressure, therefore courts formed the Witness Protection Scheme, 2018. Delays and other factors can taint evidence and decrease witness recall. In India, hostile witnesses and perjury can impede criminal proceedings. The Indian testifying Act, 1872, covers hostile witnesses, whereas the IPC 191–193 covers perjury, which carries a seven-year jail sentence and a fine for court-related false testimony and three years for other cases Active hostile witness and perjury management is essential to resolve these issues and maintain witness confidence in India's criminal justice system. The 2018 Indian Witness Protection Scheme safeguards witnesses and evidence in key cases. Witnesses in three danger categories get police protection, regular monitoring, temporary relocation, and identity changes. Protective state Witness Protection Funds are also created. Implementation is complicated by funding, agency collaboration, and law enforcement's protection. The Indian Supreme Court values trial witness comfort, respect, and cross-examination independence. Technology and law have boosted witness credibility, and COVID-19 has expanded trial video conferencing. The Law Commission of India endorses video conferencing and witness reliability devices. India may extend the Witness Protection Scheme, standardise video conferencing, teach judges, attorneys, and court workers, employ pre-recorded video evidence, improve witness tampering and perjury rules, and prepare witnesses.