SC approves Witness Protection Scheme 2018; directs Centre, States to enforce the scheme by 2019

Scheme framed in a response to PIL seeking protection for witnesses

The Central Government had placed this scheme on record in response to a Public Interest Litigation (PIL) seeking protection for witnesses in rape cases involving offender self-styled preacher Asaram Bapu.

It was alleged that as many as 10 witnesses had already been attacked and three witnesses killed. The PIL was filed by four petitioners including a witness, father of a murdered witness, father of the child rape victim and a journalist.

All you need to know about Witness Protection Scheme 2018

The Witness Protection Scheme 2018 was formulated by the Home Ministry on the inputs received from 18 States and Union Territories, five state legal services authorities and open sources including civil society, three high courts as well as from police personnel.

The scheme was finalised in consultation with National Legal Services Authority (NALSA).

The scheme aims to ensure that the investigation, prosecution and trial of criminal offences does not turn out to be biased as witnesses are intimidated or frightened to give evidence without protection from violent or other criminal recrimination.

• Identifying categories of threat perceptions
• Preparation of a “Threat Analysis Report” by the head of the police
• Types of protection measures like ensuring that the witness and accused do not come face to face during investigation etc. protection of identity, change of identity, relocation of witness
• Confidentiality and preservation of records, recovery of expenses, etc.

• Where the threat extends to life of witness or his family members during investigation, trial or thereafter.
• Where the threat extends to safety, reputation or property of the witness or his family members, during the investigation, trial or thereafter.
• Where the threat is moderate and extends to harassment of the witness or his family member’s, reputation or property during the investigation, trial or thereafter.

• The witnesses, categorised under the scheme, can file application for seeking protection order before the competent authority of the concerned district where the offence is committed.
• This competent authority will be chaired by District and Sessions Judge, with head of the police in the district as member and head of the prosecution in the district as its member secretary.
• The authority, when it receives an application, has to call for a Threat Analysis Report from the ACP/DSP in charge of the concerned Police Sub-Division.
• The authority is also empowered to order protection measures based on the Threat Analysis Report such as identity protection, change of identity and relocation of witnesses.