Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 198

(18) Can the defence be allowed to contend that the prosecution witness who is given anonymity is a stock witness?

The question, as posed, arises at the trial. The responses in this behalf were divided, some in favour of permitting such a contention, some against it and some stating that it may depend upon circumstances and burden must be placed on the accused.

From a practical point of view, though the accused may contend that the witness is a stock witness, he shall have to substantiate the contention by material or circumstances which do not identify the witness. Thus, though it is technically permissible to raise such a contention, it appears to impose a very heavy burden on the accused.

This can be best left to be decided by the Judge and hence no separate provision in the Bill is necessary.

Witness Identity Protection and Witness Protection Programmes Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys