London39 minutes agoWriter: Adarsh Joshi
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In any case, apart from evidence, the most important role played by anyone is the witness. However, due to security and fear, witnesses often do not come forward to testify before the police and the court. Due to this, the culprit escapes even after committing the crime.
In Britain, giving testimony is not just a civic duty, but if someone gives testimony here, there is a unique system of financial help from the government. Security and compensation are also provided if needed. This is very different from the judicial system of India. In India, the participation of witnesses is based on moral and civic duty.
The importance of witnesses in the British judicial system increases transparency in investigation. Whereas in India, the scheme of providing protection to witnesses does not live up to expectations. Witnesses get protection only in name. Due to lack of protection and encouragement, witnesses feel insecure. That is why they hesitate to testify against any criminal. The Indian judicial system is based on the investigation of evidence at many levels.
This process is very long and hence slow. Due to this, it takes a long time for the decision of the case to come. This increases the backlog. In contrast, Britain has a jury system, this is a democratic system of judicial process.
With its use, cases are settled quickly and there is no backlog of cases. According to the data of the Crown Court of England and Wales, the backlog was only 38% in 2023. Out of 62235 cases, 23650 were disposed of. The legal system of Britain is much more flexible than India.
Actually, there is no written law in Britain. This enables the judges to take decisions on any new challenge. In contrast, we have written laws. To bring any change in the law of our country, a legislative process is required. Which is quite long. In most of the cases, when a new challenge comes before the judge, he is not competent.
India needs to work on witness protection plan: Expert
Experts say that there is a need to work on witness protection scheme in our country. So that witnesses can feel safe and financially encouraged. India can learn from Britain in this matter. Apart from this, the backlog of cases can also be reduced by increasing the number of judges.
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