International Journal For Multidisciplinary Research

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Eyewitness Testimony – How Reliable is It?

Author(s) Md. Imran Wahab, IPS
Country India
Abstract This paper examines the intricacies associated with eyewitness testimony in legal settings, emphasizing its crucial role as evidence while also addressing its fundamental limitations. An eyewitness is described as an individual who witnesses an event firsthand, and their description can greatly influence the court's decisions. Nevertheless, factors such as stress, racial bias, focus on firearms, and memory lapses can compromise the accuracy of these accounts. The article analyses the legal framework established by the Bharatiya Sakshya Adhiniyam, 2023, which pertains to the competency of witnesses and the reliability of their testimonies. An analysis of the prominent wrongful conviction case of Ronald Cotton, highlights the fallibility of human memory. Furthermore, a review of pertinent psychological studies indicates that eyewitness memory is reconstructive and susceptible to inaccuracies. The necessity for corroborative evidence, expert opinions, and enhanced identification processes is highlighted as a means to improve the reliability of eyewitness testimonies and reduce wrongful convictions, thereby upholding the integrity of the trial process. In summary, this study advocates for a thorough reassessment of eyewitness testimony within a wider legal context to ensure justice.
Keywords Eyewitness, Testimony, Credibility, Memory, Wrongful Conviction, Trial.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 5, September-October 2024
Published On 2024-10-14
Cite This Eyewitness Testimony – How Reliable is It? - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.28676
DOI https://doi.org/10.36948/ijfmr.2024.v06i05.28676
Short DOI https://doi.org/g8k5xd
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