All about NALSA's Witness Protection Scheme, 2018

The Author, Tanya Gorshi is a 2^nd Year student of University School of Law and Legal Studies, GGSIPU. She is currently interning with LatestLaws.com.

Introduction

Testimony is an essential ingredient in the judiciary to maintain the Rule of Law. Witness stands to be a vital organ of the judicial testimonies. As defined by the Black’s Law Dictionary, a witness is a person who has knowledge of an event. Further defined in the following scheme, under section 2 (k), a witness is a person who possesses information or document regarding the offence.

 In recent years, there has been extreme tyranny in the system where the intimidation of witnesses has been an ongoing process. This led to many witnesses not coming forward  despite having crucial information regarding the offence. As Jeremy Bentham said, “witness is the eyes and ears of justice.” it is essential for them to come forward for the smooth functioning of the justice system. In the case of Mahender Chawla & Ors. Vs. Union of India & Ors. [Writ Petition (Criminal) No. 156 of 2016], J. Sikri & J.  Abdul Nazeer substantiated on the fact that witness protection is an essential part of the justice system.

Here are some, frequently asked question which will corroborate with The Witness Protection Scheme,2018.

Q1. Who to approach if the witness is threatened by anyone regarding the proceedings?

Ans. The witness is supposed to approach the competent authority which consists of the district and session judge of each district as chairing authority along with Head of police and prosecution of each district as members.

Q2. How should a witness approach?

Ans. The witness is supposed to fill the Witness Protection Application which is attached with any other documents supporting it. The application is available in Annexure I of the scheme.

Q3. Who can approach the with the request?

Ans. Any family member or the witness himself can approach the competent authority along with the documents supporting the claim if any.

Q4. Is there requirement of any expense incurred by the Witness or the family?

Ans. No, the witness does not need to pay for anything. All the expenses are covered by the Witness Protection Fund operated by the Ministry of Home of the State Government.

Q5. What is the further process after submission of the application?

Ans. After submission of the application the member Secretary of the Competent Authority passes an order for The Threat Analysis Report to the concerned Police Sub-Division.  Seeing the eminent danger, the authority can provide interim protection to the witness and the family. Threat Analysis Report shall be called from the ACP/DSP in charge of the concerned Police Sub-Division. The Witness Protection Cell then files a monthly follow-up report to the Competent Authority.

Q6. How much time does it take to process the application?

Ans. After receiving the application by the authority, immediate orders are passed regarding the Threat Analysis Report. This report has to be submitted to the authority in 5 working days. The report is compiled with utmost confidentiality. If the Police officials cannot reach the witness the Report can also be created by in-camera hearing.

Q7. What are the measures that follow the Report?

• It is made sure that the witness and accused never come face-to-face during the trial or investigation.
• Installation of security cameras and tapping phone calls is also done. In grave matters, sometimes even phone numbers of the witness are changed.
• Escort to and from the court along with government vehicle on the day of the court hearing.
• Usage of specially designed vulnerable witness court rooms and in-camera hearing;
• Any other special protection found necessary by the competent authority.

The Witness Protection Measures ordered by the competent Authority are proportionate to the danger and does not exceed to more than 3 months.  

Q8. On what basis are the witness categorized?

Ans. Witnesses are categorized on the basis of threat perception on them. They can be divided as follows-

1. Category A- These are the threats leading to eminent danger of life of the witness and the family.
2. Category B – These are the threats leading to the safety, reputation and the property of the witness and the family.
3. Category C-These are threats leading to the harassment and intimidation of the witness and the family.

The category of threat is decided by the Competent Authority.   

Q9. What are the measures taken when the threat extends to the life of the witness or the family?

In certain cases where the witness is threatened to impeccable extents, the request to changing the identity of the witness along with all government documents are taken into consideration. Along with this, relocation requests are also taken into consideration by the authority. All the expenses are tolerated by the Witness Protection Fund.

It is made sure that the educational qualification and property rights remain intact.

Q10. What are the repercussions of a false complaint?

In case of these kind of complaints, The Department of Home Affairs can initiate the process of recovery of expenditure of the Witness Protection Fund.

To Read, NALSA's Witness Protection Scheme,2018, Click Here