Witnesses are ‘eyes and ears of justice’ who aid the court in deciding upon a case, thereby bringing the offender to justice. They play an indispensable role within an adversarial criminal justice system by performing a sacred duty of assisting the court to discover the truth and are capable of changing the course of the entire case. Thus, the truthfulness and veracity of witness’ testimony becomes the touchstone of justice. Ensuring that witnesses are able to testify without any threat, intimidation or injury is, therefore, an essential aspect of the criminal justice process.
- The BNSS has legally introduced Witness Protection Scheme. This is in line with recent observations by High Courts/Supreme Court.
- BNSS Cl.398 states ‘every State Government shall prepare and notify a Witness Protection Scheme/WPS for the State with a view to ensure protection of the witnesses.’ This clause is an entirely new addition proposed in the criminal procedural framework and requires state governments to prepare and notify schemes for witness protection.
- In 2018, the Supreme Court in Mahender Chawla Case declared this WPS scheme to be law until the Parliament or various state governments prepared and notified their own Witness Protection Schemes. Although various provisions in the IPC, IEA and CrPC recognise the vulnerabilities faced by witnesses and provide some support, the 2018 order of the Supreme Court was the first to develop a comprehensive approach towards ensuring the protection of witnesses in criminal proceedings.
- The 2018 scheme took an expansive approach to establish a holistic legal and institutional framework for the protection of witnesses. This included categorising risk/vulnerability levels of witnesses; procedures for witness protection; introduction of threat analysis reports by the police to gauge the level of protection required by witnesses; and constituting a body comprising police officials and Sessions/District Court judges to implement and oversee its functioning.
- In 2019, MHA had issued instructions regarding Witness
- Protection Scheme to all States/UTs vide No. 24013/35/2016-CSR.III Dated January 14, 2019. MHA had requested all States/UTs to take appropriate steps to enforce the Witness Protection Scheme, 2018 in letter and spirit and that it shall be the ‘law’ under Article 141/142 of the Constitution.
- In view of the earlier request and the current provisions in BNSS, such a scheme may be brought out in all States/UTs.
