Witness protection scheme is binding on all courts and enforceable in all states [Read the Government response]

July 14, 2019:

Government while reply to questions raised in the Parliament has stated that the witness protection scheme is approved by the Supreme Court and therefore is binding on all courts and is enforceable in all states.

Government was replying to questions raised by DR. T. SUBBARAMI REDDY and SHRIMATI AMBIKA SONI.

Government stated "The Hon’ble Supreme Court of India in its Judgment dated 05.12.2018 in Writ Petition (Criminal) No. 156 of 2016 has endorsed the Scheme. As per Article 141/142 of the Constitution, the Witness Protection Scheme, 2018 endorsed in the said Judgment of the Supreme Court is binding on all Courts within the territory of India and enforceable in all States and Union Territories".

Government also provided the categories of cases where the witnesses would be provided with protection and these are:

Category 'A': Where the threat extends to life of witness or his family members, during investigation/trial or thereafter.

Category 'B': Where the threat extends to safety, reputation or property of the witness or his family members, during the investigation/trial or thereafter.

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/trial or thereafter.

Read the Government response here: