Question : Acquittals in Criminal Cases

(a) whether the rate of acquittals in criminal cases is on the rise over the years;

(b) if so, the details thereof during the last three years;

(c) whether the lack of a law to protect witnesses is the main reason behind such acquittals; and

(d) if so, the steps taken by the Government to bring such a law and plug the gaps in the criminal justice system?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI NITYANAND RAI)

(a): No, Sir.

(b): National Crime Records Bureau (NCRB) compiles and publishes information on crime in its publication ‘Crime in India’. The published reports are available till the year 2018. The Acquittal Rate [(Cases Acquitted/ Cases in which Trials Completed)*100] under cognizable IPC crimes during the year 2016, 2017 and 2018 was 53.2, 47.0 and 45.9 respectively.

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L.S.US.Q.NO. 3705 FOR 17.03.2020
(c) & (d): Among others, witnesses turning hostile is one of the reason behind such acquittals. The Ministry of Home Affairs prepared a “Witness Protection Scheme, 2018” which was endorsed by the Hon’ble Supreme Court of India in its Order dated 05.12.2018 in Writ Petition (Criminal) No. 156 of 2016. As per Article 141/142 of the Constitution, the law declared by the Supreme Court is binding on all Courts within the territory of India and enforceable throughout the territory of India. The scheme provides for protection of witnesses based on the threat assessment.

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