November 5, 2017:
Supreme Court has ordered the setting up of at least two vulnerable witnesses deposition centres in jurisdiction of every High Court.
The Supreme Court has stated that,"The vulnerable witnesses in the criminal cases, often minor survivors of rape or the victims of sex abuse, should testify without fear or intimidation in a conducive environment"".
Apex Court concerned by trauma of these victims of crime face in the conventional courtrooms, has ordered setting up of at least two vulnerable Witnesses Deposition Centres in jurisdiction of the every High Court across country within next three months.
Order upholds right of the vulnerable witnesses to be protected while testifying in court and is in consonance with international norms in these matters.
Supreme Court Bench comprising of Justice A.K. Goel and Justice U.U. Lalit found that the vulnerable witnesses are often treated like any other witness of State in a criminal trial. Victims often end up being ill-treated by very system they had approached in hope of justice. Delay and intimidating questions during the trial in a hostile environment lead to the fewer convictions.
Friendly atmosphere
Setting aside acquittal by High Court of a child rapist Supreme Court Bench acknowledged the arguments for more vulnerable witness deposition complexes across country made by its amicus in the case made by Advocate Shirin Khajuria.
Bench in its order pointed out that,“There should be Special Centres for the examination of the vulnerable witnesses in the Criminal cases in interest of the conducive environment in the court so as to encourage a vulnerable victim to make a statement”.
SC enunciated that eventually every district should have a special centre, which would provide the vulnerable witnesses a friendly atmosphere to testify.
Supreme Court referred to the Delhi HC’s initiative to set up the Vulnerable Witnesses Deposition Centres and issuance of the guidelines.
Guidelines
Apex Court Bench suggested that the other HC's should adopt Delhi HC’s ‘Guidelines for Recording the Evidence of Vulnerable Witnesses in Criminal Matters,’ with the required modifications.
Delhi HC’s guidelines are filtered from best practices followed by the other countries and Policy and the precedents of SC and HC's.
Practices include a screen or some arrangement by which victim does not see body or the face of the accused; reducing cross-examination questions to writing and handing them over to judge to be put to victim in a language that is clear and not embarrassing; and sufficient breaks for the victims of the child abuse or rape while testifying.
Supreme Court further recommended that High Court's trigger initiative with at least two Centres in next three months. But they must not stop with that and continue to set up more such centres for the vulnerable witnesses.
Apex Court Bench pointed out that there were four special centres for the Vulnerable Witnesses in Delhi.
Source PTI
Guidelines for Recording of Evidence of Vulnerable Witnesses (Downloadable PDF)
Guidelines for Recording of Evidence of Vulnerable Witnesses by Latest Laws Team on Scribd
Read Full Judgement Here-
SC Direction to Open Vulnerable Witnesses Deposition Centres Reduce Trauma for Children by Latest Laws Team on Scribd
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