A Comparative Analysis Of Witness Protection: Australia And India

Abstract

The paper compares and contrasts the witness protection systems in India and Australia, focussing on the institutional, procedural, and legal aspects of each system.  By keeping those who testify in criminal trials secure, witness protection is an essential component of effective criminal justice systems. While Australia have developed comprehensive national programs with strong legal backing and structured enforcement, India’s approach remains relatively fragmented, with recent judicial and legislative interventions aiming to strengthen protections. The research evaluates the effectiveness, implementation challenges, and human rights considerations associated with witness protection in each country. Through qualitative analysis of legal documents, policy frameworks, and landmark cases, the study identifies best practices and areas for reform. The findings suggest that while Australia offer robust protection with inter-agency coordination and anonymity safeguards, India is gradually progressing with a formalized scheme but faces hurdles in uniform implementation and resource allocation. This comparative perspective offers valuable insights for policymakers and legal practitioners to enhance witness protection systems, ensuring justice and witness safety across diverse legal landscapes.