Witness Protection Scheme 2018

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OBJECTIVES:

• The ability of a witness to give testimony in a judicial setting.
• To cooperate with law enforcement and investigations without fear of intimidation or reprisal.
• To ensure that the investigation, prosecution and trial of criminal offences is not prejudiced because witnesses are intimidated or frightened to give evidence without protection from violent or other criminal recrimination.
• To promote law enforcement by facilitating the protection of persons who are involved directly or indirectly in providing assistance to criminal law enforcement agencies.
• Safeguard witnesses and their family members from intimidation and threats against their lives, reputation and property.

NEED FOR THE SCHEME:

• Jeremy Bentham has said that “Witnesses are the eyes and ears of justice.”

• “It is the salutary duty of every witness who has the knowledge of the commission of the crime, to assist the State in giving evidence.”  – Supreme Court

• “If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial’’ – Supreme Court

• Conviction rate in murder and rape is around 10-12% only as witness turn hostile.

• “no country can afford to expose its morally correct citizens to the peril of being harassed by anti-social elements like rapists and murderers”. – Supreme Court

RIGHTS OF WITNESSES:

  • Right to give evidence anonymously.
  • Right to protection from intimidation and harm.
  • Right to be treated with dignity and compassion and respect of privacy.
  • Right to information of the status of the investigation and prosecution of the crime.
  • Right to secure waiting place while at Court proceedings.
  • Right to transportation and lodging arrangements.

SCOPE:

  • Providing a police escort to the Courtroom
  • Offering temporary residence in a safe house or using modern communication technology (such as video conferencing) for recording of testimony.
  • In other more complex cases, where cooperation by a witness is critical to successful prosecution of a powerful criminal group, extraordinary measures are required to ensure the witness’s safety viz. anonymity, relocation of the witness under a new identity in a new, undisclosed place of residence.

CATEGORIES OF WITNESSES:

Category ‘A’: Where the threat extends to life of witness or his family members and their normal way of living is affected for a substantial period, during investigation/trial or even thereafter.

Category ‘B’: Where the threat extends to safety, reputation or property of the witness or his family members, only during the investigation process or trial.  

Category ‘C’: Where the threat is moderate and extends to harassment or intimidation of the witness or his family member’s, reputation or property, during the investigation process.

FILING OF APPLICATION BEFORE COMPETENT AUTHORITY:

• The application for seeking protection order under this scheme can be filed in the prescribed form before the Competent Authority as per area jurisdiction along with supporting documents, if any, in duplicate either directly or through the trial court or Superintendent of Prison.

PROCEDURE FOR APPLICATION:

• As and when an application is received by the Competent Authority, in the prescribed form, it shall forthwith pass an order for calling the Threat Analysis Report from the Commissioner of Police in Commissionerates / SSP in District Police investigating the case.

• Depending upon the urgency in the matter owing to imminent threat, the Competent Authority can pass orders for interim protection of the witness or his family members during the pendency of the application.

• The Threat Analysis Report shall be prepared expeditiously by the Commissioner of Police in Commissionerates / SSP in District Police investigating the case while maintaining full confidentiality and it shall reach the Competent Authority within five working days of receipt of the order.

• In the report, the Commissioner of Police in Commissionerates / SSP in District Police investigating the case shall categorize the threat perception and shall also submit the suggestive measures for providing adequate protection to the witness or his family as contained in clause 7 of the scheme or any other measure found appropriate.

• While processing the application for witness protection, the Competent Authority shall also interact preferably in person and if not possible through electronic means with the witness and/or his family members/employers or any other person deemed fit so as to ascertain the witness protection needs of the witness.

• All the hearings on Witness Protection Application shall be held in-camera by the Competent Authority while maintaining full confidentiality.

• An application shall be disposed of within five working days of receipt of Threat Analysis Report from the Police authorities.

• The Witness Protection Order passed by the Competent Authority shall be implemented by the Witness Protection Cell of the State/UT/CPO.

• Overall responsibility of implementation of all witness protection orders passed by the Competent Authority shall lie on the Head of the Police in the State/UT.

• However the Witness Protection Order passed by the Competent Authority for change of identity or/and relocation shall be implemented by the Department of Home of the concerned State/UT.

• Upon passing of a Witness Protection Order, the Witness Protection Cell shall file a monthly follow-up report before the Competent Authority.

• In case the Competent Authority finds that there is a need to revise the Witness Protection Order or an application is moved in this regard, a fresh Threat Analysis Report may be called from the Commissioner of Police in Commissionerates / SSP in District Police.

TYPES OF PROTECTION MEASURES:

  • Ensuring that witness and accused do not come face to face during investigation or trial;
  • Monitoring of mail and telephone calls;
  • Arrangement with the telephone company to change the witness’s telephone number or assign him or her an unlisted telephone number;
  • Installation of security devices in the witness’s home such as security doors, CCTV, alarms, fencing etc;
  • Concealment of identity of the witness by referring to him/her with the changed name or alphabet;
  • Emergency contact persons for the witness;
  • Close protection, regular patrolling around the witness’s house;
  • Temporary change of residence to a relative’s house or a nearby town;
  • Escort to and from the court and provision of Government vehicle or a * State funded conveyance for the date of hearing;
  • Holding of in-camera trials;
  • Usage of specially designed vulnerable witness court rooms which have special arrangements like live links, one way mirrors and screens apart from separate passages for witnesses and accused, with option to modify the image of face of the witness and to modify the audio feed of the witness’ voice, so that he/she is not identifiable;
  • Allowing a support person to remain present during recording of statement and deposition;
  • Ensuring expeditious recording of deposition during trial on day to day basis without adjournments;
  • Awarding time to time periodical financial aids/grants to the witness from Witness Protection Fund for the purpose of re-location, sustenance or starting new vocation/profession, if desired;
  • Any other form of protection measures considered necessary, and specifically, those requested by the witness.

MONITORING AND REVIEW:

• Once the protection order is passed, the Competent Authority would monitor its implementation and can review the same in terms of follow-up reports received in the matter.

• However, the Competent Authority shall review the Witness Protection Order on a quarterly basis based on the monthly follow-up report submitted by the Witness Protection Cell.

REVIEW & APPEAL:

• In case the witness or the police authorities are aggrieved by the decisions of the Competent Authority, a review application may be filed within 30 days of passing of the orders by the Competent Authority.

• In case the witness/police authorities are aggrieved by the review orders of the Competent Authority, an appeal may be filed before the Chairperson, DLSA against the orders passed by Secretary, DLSA under Part-II & III of the Scheme.

• Before Member Secretary, State Legal Service Authority against orders passed by Competent Authority under Part-IV & V of the Scheme.

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