PROTECTION OF VULNERABLE WITNESSES IN SEXUAL OFFENCE TRIALS: AN EMPIRICAL STUDY OF THE IMPLEMENTATION OF VULNERABLE WITNESS DEPOSITION CENTRES IN JHARSUGUDA DISTRICT
Khetramani Ati, Assistant Professor at P.G Department of Law, Sambalpur University, Odisha (India)
Samyak Nayak, LL.M, Student at P.G Department of Law, Sambalpur University, Odisha (India)
The protection of vulnerable witnesses has become a cornerstone of India’s evolving victim-centric criminal justice system, particularly in the prosecution of sexual offences. Victims and other vulnerable witnesses often face intimidation, psychological trauma, social stigma, and secondary victimisation during criminal proceedings, adversely affecting both the quality of evidence and the administration of justice. In response, India has undertaken significant legal reforms through the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, and the continued implementation of the Protection of Children from Sexual Offences Act, 2012. Complementing these legislative measures, the High Court of Orissa issued the Guidelines for Recording Evidence of Vulnerable Witnesses and Functioning of Vulnerable Witness Deposition Centres, 2024, to facilitate trauma-informed judicial processes. This study critically examines the effectiveness of the legal and institutional framework governing the protection of vulnerable witnesses in sexual offence trials through an empirical study conducted in Jharsuguda District, Odisha. Adopting a socio-legal research methodology, the study integrates doctrinal analysis with empirical data collected through structured questionnaires and semi-structured interviews involving advocates, public prosecutors, District Legal Services Authority officials, and vulnerable witnesses. The findings indicate that despite a robust legal framework, implementation remains inconsistent due to limited awareness, inadequate stakeholder training, insufficient institutional coordination, underutilisation of Vulnerable Witness Deposition Centres, and the absence of comprehensive psychological support services. The study concludes that recent legislative and judicial reforms have considerably strengthened witness protection mechanisms; however, their effectiveness depends upon sustained capacity building, improved infrastructure, institutional accountability, and coordinated victim support services. It recommends regular monitoring, specialised training, enhanced awareness programmes, and inter-agency collaboration to ensure a more accessible, trauma-informed, and victim-centred criminal justice system in India.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2427–2451. |
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