*

Sonia Kinra
ADJ-cum-Faculty Member
Chandigarh Judicial Academy
*By Act 43 of 1983, there were amendments in Section 375,
376 of IPC and Section 114A was inserted in Evidence Act
and consequently sub sections (2) and (3) were added in
section 327 of Cr.P.C. Owing to the nature of the offence of
rape, as per sub sections (2) and (3) of Section 327 Cr.P.C.,
the trial has to be conducted in-camera and the
proceedings of the said trial have been forbidden to be
printed or published except with the previous permission of
the court.

*
* Keeping in view the amendments in section 375 and 376 IPC, section
114-A Evidence Act and sub section 2 and 3 to section 327 Cr.P.C to
conduct the inquiry of Rape or an offence under sections 376, 376A,
376B, 376C or 376D in camera and requirement of the permission of
the court to publish such matter, it was held that the courts are
obliged to act in furtherance of the intention expressed by the
legislature and not to ignore its mandate and must take recourse to
the provisions of section 327(2) and (3) CrPC and hold the trial of
Rape cases in camera, where trials are held in camera it would not
be lawful any person to print or publish any matter concerning the
proceedings in the case except with the previous permission of the
court. This would save any further embarrassment to the victim of sex
crime. Wherever possible it would be worth considering whether It
would be more desirable that the cases of sexual assault on the
females are tried by Lady Judges wherever available. The courts
should as far as possible, avoid disclosing the name of prosecutrix in
their orders.
*
* The Apex Court in para no. 34 held as follows :
(1) The provisions of sub section (2) of Section 327 Cr.P.C. shall, in
addition to the offences mentioned in the sub section, also
apply in inquiry or trial of offences under sections 354 and 377
IPC.
(2) In holding trial of child sex abuse or rape;
i. A screen or some such arrangements may be made where the
victim or witness (who may be equally vulnerable like the victim)
does not see the body or face of the accused.
ii. The questions put in cross examination on behalf of the accused,
insofar as they relate directly to the incident, should be given in
writing to the Presiding Officer of the Court who may put them to
the victim or witnesses in a language which is clear and is not
embarrassing;
iii. The victim of child abuse or rape, while giving testimony in Court,
should be allowed sufficient breaks as and when required;

*
*The Delhi High Court reiterated the guidelines issued
through different judgments and added some more
involving a child victim or child witness. The said
directions were to Police, Magistrate for recording
statement, Doctors for medical examination and Court
for recording evidence of the child witness and some
other general guidelines. On the basis of this judgment,
the guidelines for recording of the deposition of
vulnerable witness were framed by Hon’ble Delhi High
Court.

*
*Directionissued by the Apex Court for establishment
of special centres for examination of vulnerable
witnesses in criminal cases in the interest of
conducive environment in court for recording
statements of vulnerable witnesses. It was dwelt on
the guidelines issued by the High Court of Delhi for
recording the evidence of the vulnerable witnesses
in criminal matters and noted that special centres
have been set up in Delhi for that purpose.

*
* The Apex Court adopted Witness Protection Scheme,
2018 in its entirety.
*The directions laid down in the case of State of
Maharashtra Vs. Bandu supra for setting up of special
centres for examination of vulnerable witnesses in
criminal cases have been again stressed upon.

*
*The Hon‘ble Apex Court while hearing the miscellaneous
application as to wider issue on the need to set up
vulnerable witness courtrooms in compliance to the
decision of the Supreme Court in State of Maharashtra
vs. Bandu has widen the definition of vulnerable
witnesses and has issued the directions to all the High
Courts for setting up the vulnerable witness deposition
centres and to frame guidelines on deposition of
vulnerable witnesses on the basis of guidelines framed
by Hon‘ble Delhi High Court.

*
*It has been clarified that the definition of vulnerable
witness contained in clause 3 of VWDC (Vulnerable
Witness Deposition Centres) scheme formulated by the
Delhi High Court shall not be limited only to child
witnesses who have not attained the age of 18 years
and would be expanded to include interalia the
following categories of vulnerable witnesses –
a) Age neutral victims of sexual assault read with section 273 and
327 of the Cr.P.C. and section 354 of the IPC;
b) Gender neutral victims of sexual assault read with section 2 (d) of
the POCSO Act;
c) Age and gender neutral victims of sexual assault under section 377
IPC read with paragraph 34(1) of the decision in Sakshi vs. Union
of India.
d) Witnesses suffering from mental illness as defined under section
2(s) of the Mental Healthcare Act of 2017 read with section 118
of the Indian Evidence Act;
e) Any witness deemed to have threat perception under the Witness
Protection Scheme of the Union Government as approved by the
Supreme Court in Mahendra Chawla vs. Union of India (2019) 14
SCC 615;
f) Any speech or hearing impaired individual or a person suffering
from any other disability who is considered to be a vulnerable
witness by the competent Court ;
g) Any other witnesses deemed to be vulnerable by the Court
concerned.
* On 08.04.2022, in Misc. Application No. 1582/2019 in Criminal
Appeal NO. 1101 of 2019 in case of S. Tukaram Badade vs. The
State of Maharashtra and Ors., Hon‘ble Apex Court, on
submission of report by Hon‘ble Ms. Justice Gita Mittal
accepted the suggestion that the use of VWDCs should, in
addition to criminal cases, be allowed for other jurisdictions
including civil jurisdictions, Family Courts, Juvenile Justice
Boards and Children‘s Courts and permission has been granted
for recording the evidence of vulnerable witnesses in cases
across all jurisdictions.
*
OBJECTIVES OF THE GUIDELINES

1. To elicit and secure complete, accurate and reliable

evidence from vulnerable witnesses;

2.To minimize harm or secondary victimization of vulnerable

witnesses in anticipation and as a result of participation in
the criminal justice system;

3. To ensure that the accused‗s right to a fair trial is

maintained

*
Definitions of Important Terms
defined under Clause 3 of the
Guidelines :
a. Vulnerable Witness – is a child who has not completed 18 years of age (in
the case of Smruti Tukaram supra, the Apex Court has widen this term by
including
(a) Age Neutral Victims of Sexual Assault read with section 273 and 327
Cr.P.C and Section 354 of IPC.
(b) The gender neutral victim of sexual assault read with section 2(d) of
POCSO Act, 2012.
(c) Age and gender neutral victims of sexual assault under section 377 IPC
read with paragraph 34(1) of the decision in case of Sakshi
(d) Witness suffering from (mental illness) as defined under section 2(s) of
Mental Health Care Act, 2017 r/w Section 118 of IEA, 1872
(e) (Any witness deemed to have a threat perception under the Witness
Protection Scheme, 2018 of Union Government as approved by this court
in Mahender Chawla Vs. Union of India
(f) Any speech or hearing impaired individual or a person suffering from
any other disability who is considered to be a vulnerable witness by the
competent court; and
(g) Any other witness deemed to be vulnerable by the concerned court
b. Support Person – Means and includes guardian ad litem, legal aid
lawyer, facilitators, interpreters, translators and any other person
appointed by court or any other person appointed by the court to
provide support, accompany and assist the vulnerable witness to
testify or attend judicial proceedings.
d. Concealment of Identity of witness – Means and includes any
condition prohibiting publication of the name, address and other
particulars which may lead to the identity of the witness.
g. Comfort Items – Comfort items mean any article which shall have a
calming effect on a vulnerable witness at the time of deposition and
may include stuffed toy, blanket or book.
h. Competence of a vulnerable Witness – Every vulnerable witness shall
be competent to testify unless the Court considers that they are
prevented from understanding the questions put to them, or from
giving rational answers to those questions due to tender years,
disease, either of body or mind, or any other cause of the same kind.
Explanation: A mentally ill person may also be held competent unless
he is prevented by his lunacy to understand questions.
However, a mentally ill person may also be held competent unless
prevented by his lunacy to understand questions.
i. Court House Tour – A pre-trial tour of court room to familiarize
a vulnerable witness with the environment and the basic process
of adjudication and roles of each Court official.
k. Live Link – ‗Live link‗ means and includes a live television
link, audio-video electronic means or other arrangement whereby
a witness, while absent from the courtroom is nevertheless
present in the court room by remote communication using
technology to give evidence and be cross-examined.
n. Secondary Victimization – means victimization that occurs
not as a direct result of a criminal act but through the response
of institutions and individuals to the victim.
o. Revictimization – means a situation in which a person suffers
more than one criminal incident over a period of time.
p. Waiting Room – A safe place for vulnerable witnesses where
they can wait. It shall have toys, books, TV, etc. which can help
them lower their anxiety.
Guardian ad litem
* The Court may appoint any person, may be a member of
Bar/Practicing Advocate except a person who is a witness in
any proceeding involving the child as guardian ad litem either
to a victim or a witness to a crime.

* Such order should be to be the best interests of the victim or

witness after considering the background of the guardian ad
litem and the familiarity with the judicial process, social service
programme and child development.

* The preference should be given to parents of the child, if

qualified.
Duties of guardian ad litem:
It shall be the duty of the guardian ad litem so appointed by Court to:

(i) attend all depositions, hearings, and trial proceedings in which a

vulnerable witness participates.

(ii) make recommendations to the Court concerning the welfare of the

vulnerable witness keeping in view the needs of the child and
observing the impact of the proceedings on the child.

(iii) explain in a language understandable to the vulnerable witness,

all legal proceedings, including police investigations, in which the
child is involved;

(iv) assist the vulnerable witness and his family in coping with the
emotional effects of crime and subsequent criminal or non-
criminal proceedings in which the child is involved;

(v) remain with the vulnerable witness while the vulnerable witness
waits to testify;
Support person
*Ordinarilya neutral person other than a parent shall be
appointed as a support person. Only in exceptional
circumstances, the Court should appoint a parent as a
support person.

*where no other suitable person is available only in rare

cases, another witness in the case be appointed as
support person. Such support person shall give his
testimony prior to the testimony of the child

*The support person shall be allowed on its own or on

request may be oral or written to be present alongwith the
child testifying in the judicial proceedings.
WHAT SUPPORT PERSON CAN DO? WHAT SUPPORT PERSON CANNOT DO ?

May accompany a child to the witness He shall not obstruct the view of the
stand. child to the opposite party or the
Judge
May be allowed to hold the hand of He cannot prompt, sway or influence
vulnerable witness the witness during testimony

May be allowed to take other He cannot in any circumstances

appropriate steps to provide discuss the evidence to be given by
emotional support to the vulnerable the witness
witness in the course of the
proceeding.
 *
* The Court may suo motu or upon an application of either party or a
support person appoint a facilitator if it comes to the conclusion
that such witness is finding difficulty to communicate with other
stake holders like Police, Medical Officer, Prosecutor,
Psychologist, Defence Counsel and Courts or finding difficulty to
understand or respond to the questions asked.

* Such facilitator may be an interpreter, translator or child

psychologist, psychiatrist, social worker, guidance counsellor,
teacher, parent or relative of such witness who shall be under
oath to pose questions according to meaning intended by the
counsel.

* Onappointment of such a facilitator, the question shall be posed

only to the facilitator either in the words used by the counsel or
by such mode as is comprehensible to the vulnerable witness and
convey the meaning intended by the counsel.
Right to be informed
It is right of the vulnerable witness, his or her parents or
guardian/lawyer/support person, if any, or other appropriate person
to be promptly informed by the Court about the stage of the
process to the extent feasible and appropriate about the following:

(a) procedures of the criminal justice process including the role of

vulnerable witnesses, the importance, timing and manner of
testimony, and the ways in which proceedings will be conducted
during the trial;
(b) existing support mechanisms for a vulnerable witness when
participating in proceedings, including making available
appropriate person designated to provide assistance;
(c) specific time and places of hearings and other relevant events;
(d) availability of protective measures;
(e) relevant rights of child victims and witnesses pursuant to
applicable laws, the Convention on the Rights of the Child and
other international legal instruments, including the Guidelines and
the Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power, adopted by the General Assembly in its
resolution 40/34 of 29 November 1985;
(f) the progress and disposition of the specific case, including the
apprehension, arrest and custodial status of the accused and any
pending changes to that status, the prosecutorial decision and
relevant post-trial developments and the outcome of the case.
Pre-trial visit of Witnesses to the Court –
Vulnerable witness shall be allowed a pre trial Court visit along with the support person to
enable such witnesses to familarise themselves with the layout of the court, and may include
visit to and explanation of the following:

(i) the location of the accused in the dock;

(ii) court officials (what their roles are and where they sit);

(iii) who else might be in the Court, for example those in the public gallery;

(iv) the location of the witness box;

(v) a run-through of basic court procedure;

(vi) the facilities available in the Court;

(vii) discussion of any particular fears or concerns with the intermediaries, prosecutors
and the Judge to dispel the fear, trauma and anxiety in connection with the
prospective deposition at Court.

(viii) demonstration of any special measures applied for and/or granted, for example
practicing on the live link and explaining who will be able to see them in the
courtroom, and showing the use of screens (where it is practical and convenient to
do so)
* Separate furnished waiting areas for vulnerable witnesses with the
support person and lawyer, if any.

* The child may be allowed to testify from a place other than the
witness chair, which could be turned to facilitate his testimony but
the opposing party must have a frontal or a profile view of the child
even by a video link during testimony of the child.

* Thewitness chair can be rearranged to allow the child to see the

opposing party, if he chooses to look at them.

* The Judge may be dispensed with from wearing Judicial Robes

during such testimony

*
*The testimony of the vulnerable witness should be
recorded when he is well rested

*He may be allowed reasonable periods of relief during

his deposition.

*The testimony should be conducted in-camera.

*Comfortable
Environment
*Before the evidence of a vulnerable witness, the
Judge suo motu after recording the reasons or on
application of either party may meet a vulnerable
witness in the presence of the prosecution and defence
lawyer or in their absence for explaining the Court
process to the witness.
Competency of vulnerable witness:-
Every vulnerable witness shall be presumed to be qualified as a
witness unless prevented by the following-
(a) age
(b) physicalor mental disability leading to recording a finding
of doubt regarding the ability of such witness to perceive,
remember, communicate, distinguish truth from falsehood
or appreciate the duty to tell the truth, and/or to express
the same.
Explanation: The Court shall conduct a competency
examination before recording the testimony of such witness, or
on an application of either prosecution or defence or suo motu.
Persons allowed at competence assessment — Only the
following are allowed to attend the competence assessment:

(i) the Judge and such Court personnel deemed necessary

and specified by order of the Judge concerned;
(ii) the counsel for the parties;
(iii) the guardian ad litem;
(iv) one or more support persons for the child; and
(v) the accused, unless the Court determines that
competence requires to be and can be fully evaluated in
his absence.
(vi) any other person, who in the opinion of the Court can
assist in the competence assessment.
* The assessment of a child w.r.t. to his competency as a witness
shall be conducted only by a Judge by asking questions
appropriate to the age and development level of the child but
not relating to the issues at trial. The focus should be on ability
of the child to remember, communicate, distinguish between
truth and falsehood and appreciate the duty to testify
truthfully. This duty is continued throughout the testimony of
the witness and Court is under obligation to pass orders as and
when being necessary.
 *
*The Court shall explain to a vulnerable witness

1. To listen carefully to the questions and not to reply by

nodding/shaking head but by speaking clearly and
loudly

2. To state specifically where he/she does not remember

something

3. To clearly ask to repeat the question when not

understood
 The Court Shall The Court Shall Not Allow

allow the questions to be put in simple questions carrying words capable of

language without slang, proverbs etc.; two or three meanings;

ensure that questions are stated in a questions having use of past and
form appropriate to the present in one sentence;
developmental level of the
vulnerable witness;

protect vulnerable witness from question having multiple questions

harassment or undue embarrassment; which is likely to confuse the
vulnerable witness.

*
 The Court Shall The Court Shall Not Allow
avoid waste of time by declining
questions which the Court considers
unacceptable being improper, unfair,
misleading, needless, repetitive or
expressed in language that is too
complicated for the witness to
understand;
the court may allow the child witness
to testify in a narrative form;

put questions to the witness only by

itself ;

ask to rephrase the question

where the witness seems confused
despite repetition of question.
* TheCourt on its own or on application either by the prosecutor or
counsel/guardian ad litem of the child, testimony of the child may be
recorded in a room outside the Court room and be televised to the
court room by live link television.

* To decide such application, the Judge may question the child in

chamber or in some comfortable place other than Court room in the
presence of support person, guardian ad litem, prosecutor and
counsel for the parties regarding the feelings of the child about
testifying in the Court and not touching the issues in the trial.

* The Court on its own or on an application either by the Prosecutor,

Counsel/Guardian ad litem of the child, the chair of the witness or a
screen or other device be placed in the Court room in such a manner
that the child cannot see the accused while testifying. The Court shall
issue an order stating the reasons and describing the approved Court
room arrangement.

*
* However, to consider the said application following 12
factors are to be considered:-

i. the age and level of development of the vulnerable witness;

ii. his physical and mental health, including any mental or

physical disability;

iii. any physical, emotional, or psychological harm related to the

case on hand or trauma experienced by the child;

iv. the nature of the alleged offence and circumstances of its

commission;

v. any threats against the vulnerable witness;

(vi) his relationship with the accused or adverse party;
(vii) his reaction to any prior encounters with the accused in
court or elsewhere;
(viii) his reaction prior to trial when the topic of testifying was
discussed with him by parents or professionals;
(ix) specific symptoms of stress exhibited by the vulnerable
witness in the days prior to testifying;
(x) testimony of expert or lay witnesses;
(xi) the custodial situation of the child and the attitude of the
members of his family regarding the events about which
he will testify; and
(xii) other relevant factors, such as Court atmosphere and
formalities of Court procedure.
*Any record regarding a vulnerable witness shall be
confidential and kept under seal. It can be provided
only on order on written request, to the following
persons:-

i. Members of the court staff for administrative use;

ii. The Public Prosecutor for inspection;

iii.Defence counsel for inspection;

iv.The guardian ad litem for inspection;

v. Other persons as determined by the Court.

 *
*Where the deposition of the vulnerable witness is recorded
by video link, it shall be video recorded except under
reasoned order requiring the special measures by the
Judge.
*Where any video tape or audio tape of vulnerable
witness is made, it shall be under a protective order that
provides as follows:-
i. A transcript of the testimony of the vulnerable witness
shall be prepared and maintained on record of the case.
Copies of such transcripts shall be furnished to the
parties of the case
ii. Tapes may be viewed only by parties, their counsel,
their expert witness and guardian ad litem.

iii. No person shall be granted access to the tape or any

part thereof unless he signs a written affirmation
that he has received and read the copy of the
protective order; then he submits the jurisdiction of
the Court with respect to the protective order; and
that in case of violation, he will be subject to the
contempt power of the Court.

iv. Each of the tapes, if made available to the parties or

their counsel shall bear the following cautionary
notice:
*―This object or document and the contents thereof are
subject to a protective order issued by the Court in (case
title), (case number). They shall not be examined,
inspected, read, viewed, or copied by any person, or
disclosed to any person, except as provided in the
protective order. No additional copies of the tape or any of
its portion shall be made, given, sold, or shown to any
person without prior Court order. Any person violating such
protective order is subject to the contempt power of the
Court and other penalties prescribed by law.‖
* (v)No tape shall be given, loaned, sold, or shown to any
person except as ordered by the Court.
vi. This protective order shall remain in full force and effect
until further order of the Court.

* Such video tape or audio tape shall be destroyed as per the

rules formed by the High Court.
* PERSONAL DETAILSLIKELY TO CAUSE THREAT TO PHYSICAL
SAFETY OF WITNESS TO BE EXCLUDED
A vulnerable witness has a right at any Court proceeding not to
testify regarding personal identifying information including his
name, address, telephone number, school and other
information that could endanger his physical safety or his
family. However, the Court may require him/her to testify
regarding personal identifying information in the interest of
justice.
* Expunging the names, addresses, workplaces, professions or
any other information to identify the child from the public
record;
* Refraining the defence lawyer and persons present in the
Court room from revealing any information tend to identify
the child;
* Ordering the non-disclosure of any records that identify the
child till further orders;
* Assigning a pseudonym or a number to a child, in such case,
the full name and date of birth of the child to be revealed
within reasonable period for preparation of defence.

*
* To conceal description of the child witness, to examine :
* behind screen ;
* using image or voice altering devices;
* through examination in another place, transmitted simultaneously to the
Court room by means of video link;
* through a qualified and suitable intermediary.

* Holding closed sessions ;

* Temporary removal of the accused from the Court room to an adjacent
room with a video link or a one way mirror visibility into the Court
room but allowing defence counsel to be present in the Court room;
* Taking any other measure that the Court deems necessary;
* Any information revealed by the child victim or witness enabling
identification of the child shall be kept in sealed cover on the record.
Its inspection or certified copies not to be allowed / made available.
* High priority be given to vulnerable witnesses;
* They shall be handled as expeditiously as possible;
* Unnecessary delays and continuances be avoided;
* To recognise the developmental and physical needs of
vulnerable witnesses and accommodate them in the
arrangement of the Court room and throughout the Court
process by allowing the use of testimonial aids as well as
interpreters, translators when necessary ;
* Separate and safe waiting areas and passage to be provided;
* To be flexible in allowing the support person present with
vulnerable witness while testifying and guarding against
unnecessary inclusion of support person;
* To schedule the date as per convenience of vulnerable witness.

*
 *
* At any stage of the proceedings, where the safety of a child victim
or witness is deemed to be at risk, the Court shall arrange to
have protective measures for the child, which may include:
a) avoiding direct or indirect contact between a child victim or
witness and the accused at any point in the justice process;
b) restraint orders;
c) A pretrial detention order for the accused or with restraint or ―no
contact‖ bail conditions which may be continued during trial;
d) protection for a child victim or witness by the police or other
relevant agencies and safeguarding the whereabouts of the child
from disclosure;
e) any other protective measures that may be deemed appropriate.
*
*The definitions have been defined in paragraph no.2 of
the Scheme. Some of the important definitions are as
follows:-
*Competent Authority means a Standing Committee in
each District 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.

*
(g) Live Link means and include a live video link or other such
arrangement whereby a witness, while not being physically
present in the courtroom for deposing in the matter or
interacting with the Competent Authority;

(i) "Offence" means those offences which are punishable with death
or life imprisonment or an imprisonment up to seven years and
above and also offences punishable under Sections 354, 354A,
354B, 354C, 354D and 509 of IPC.

(j) "Threat Analysis Report" means a detailed report prepared and

submitted by the Head of the Police in the District investigating
the case with regard to seriousness and credibility of the
threat perception to the witness or his family members. It
shall contain specific details about the nature of threats by the
witness or his family to their life, reputation or property apart
from analyzing the extent, the person or persons making the
threat, have the intent, motive and resources to implement
the threats.
Application before Competent Authority through Member Secretary

Threat Analysis Report from concerned ACP/DSP to be submitted within

5 working days of the receipt of the order

Competent authority to interact with the concerned witness in person/

electronic means to hold hearings in camera and to dispose of the
application within 5 working days of receipt of Threat Analysis Report.

The protection order to be implemented by the Witness Protection Cell or

the Trial Court as the case may be with overall responsibility Head of the
Police in the State/U.T/ The Protection Order for change of identity and/or
relocation to be implemented by the Department of Home of the State/U.T

Monthly follow up report to be filed by Witness Protection Cell.

In case of need of revision of the said order, fresh Threat
Analysis Report to be called from ACP/DSP incharge.

Order to be reviewed quarterly by competent authority on

the basis of monthly follow up report.
*
The witness protection measures ordered shall be proportionate to
the threat and shall be for a specific duration not exceeding three
months at a time. They may include:

a. Ensuring that witness and accused do not come face to face

during investigation or trial;

b. Monitoring of mail and telephone calls;

c. Arrangement with the telephone company to change the

witnesse‘s telephone number or assign him or her an unlisted
telephone number;
d. Installation of security devices in the witnesses home such as security
doors, CCTV, alarms, fencing etc;

e. Concealment of identity of the witness by referring to him/her with

the changed name or alphabet;

f. Emergency contact persons for the witness;

g. Close protection, regular patrolling around the witnesse‘s house;

h. Temporary change of residence to a relatives house or a nearby

town;

i. Escort to and from the court and provision of Government vehicle

or a State funded conveyance for the date of hearing;

j. Holding of in-camera trials;

k. Allowing a support person to remain present during
recording of statement and deposition;

l. Usage of specially designed vulnerable witness court rooms

which have special arrangements like live video links, one
way mirrors and screens apart from separate passages for
witnesses and accused, with option to modify the image of
face of the witness and to modify the audio feed of the
witness voice, so that he/she is not identifiable;

m. Ensuring expeditious recording of deposition during trial on

day to day basis without adjournments;
n. Awarding time to time periodical financial aids/grants to
the witness from Witness Protection Fund for the purpose
of re-location, sustenance or starting a new
vocation/profession, if desired;

o. Any other form of protection measures considered necessary

Application for identity protection and/or relocation during investigation or
trial before competent authority in the prescribed form through Member
Secretary. Threat Analysis Report from concerned ACP/DSP

Competent Authority to examine the concerned witness in camera and not to

disclose identity of the witness during pendency of the application. On passing
of such order, Witness Protection Cell is under the responsibility to fully
protect the identity of such witness, his or her family members including
name/parentage/occupation/address/digital footprints. During sustenance of
such an order, Witness Protection Cell shall provide detail of such person who can
be contacted in case of emergency.

Even new identity to the witness can be allotted by the Competent Authority,
which includes new name/profession/parentage and providing supporting
documents acceptable by the Government agencies. However, the new identity
should not deprive the witness from educational/professional/property rights.

Competent authority may pass an order for witness relocation to a safer place and
the expenses shall be borne from the Witness Protection Fund.
Confidentiality and preservation of records:
*All stakeholders including police, prosecution
department, court staff, lawyers of both sides are
under the obligation to maintain full confidentiality
and not to share any record, document or information
qua the same with any person except on a written
order of trial Court/Appellate Court.
*The record pertaining to the said proceedings shall be
preserved till pendency of trial or appeal. The hard
copy of the records can be weeded out by the
competent authority after one year of disposal of last
Court proceedings after preserving the scanned soft
copies of the same.
Recovery of expenses:
*In case of false complaint, the Home Department of
concerned Government can initiate the proceedings for
recovery of the expenditure from the Witness Protection
Fund.

Review:
*A review application may be filed within 30 days of
passing of the order by the aggrieved party i.e. either
by witness or police authority before the Competent
Authority.
* Witness Protection Scheme, 2018 Witness Protection Application under Witness Protection Scheme, 2018 Before, (To
be filed in duplicate) The Competent Authority, District................................................................
Application for:
1. Witness Protection
2. Witness Identity Protection
3. New Identity
4. Witness Relocation
5. Particulars of the Witness
(Fill in --------------------------- Capital): ---------------------------
1) Name --------------------
2) Age --------------------
3) Gender (Male/Female/Other) --------------------
4) Father's/Mothers Name ---------------------
5) Residential Address --------------------
6) Name and other details of family -------------------- members of the witness who are ------------
receiving or perceiving threats --------------------
7) Contact details (Mobile/e-mail)
2. Particulars of Criminal matter: --------------------
1) FIR No. --------------------
2) Under Section --------------------
3) Police Station --------------------
4) 4) District ---------------------------
5) D.D. No. (in case FIR not yet --------------------------- registered) ---------------------------
6) Cr.Case No. (in case of private complaint)
3. Particulars of the Accused (if --------------------------- available/known):
1) Name --------------------
2) Address --------------------
3) Phone No.
4) Email id

4. Name & other particulars of the --------------------------- person giving/suspected of

giving --------------------------- threats -------------------------

5. Nature of threat perception. Please --------------------- give brief details of threat

received in --------------------- the matter with specific date, place, --------------------- mode
and words used --------------------

6. Type of witness protection measures --------------------------- prayed by/for the witness -

-------------------------- --------------------------- --------------------------

7. Details of Interim / urgent Witness --------------------------- Protection needs,

if required --------------------------- --------------------------- ---------------------------

Applicant/witness can use extra sheets for giving additional information.

_____________________
(Full Name with signature)

Date: .............................. Place:...........................

UNDERTAKING

1. I undertake that I shall fully cooperate with the competent

authority and the Department of Home of the State and Witness
Protection Cell.

2. I certify that the information provided by me in this application is

true and correct to my best knowledge and belief.

3. I understand that in case, information given by me in this

application is found to be false, competent authority under the
scheme reserves the right to recover the expenses incurred on
me from out of the Witness Protection Fund.

_____________________