Witness Protection Scheme 2018

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OBJECTIVES:

NEED FOR THE SCHEME:

“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

• 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:

SCOPE:

CATEGORIES OF WITNESSES:

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:

• 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:

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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