Introduction
“Witness” or “participant” is referred to any individual, regardless of the legal position
(informant, witness, judicial official, undercover agent, or other), who is entitled to be
considered for admission to a witness protection program under the laws or policies of the
nation concerned. Witness retaliation is the act of intentionally threatening or carrying out an
action that involves physical harm or property damage to a person in order to retaliate against
that individual for giving information about a crime. Providing a police escort to the
courthouse, granting temporary lodging in a safe house, or employing contemporary
communications technology (such as videoconferencing) for testifying are all examples of
protection.
Witness Protection
Shri OM Birla, M.P. presented the Witness Protection Bill (Bill No. 341 of 2015) in the Lok
Sabha to give mandatory protection to witnesses on Indian territory.
Section 3:-establishes a comprehensive procedure for obtaining protection by applying for
protection at any stage of the proceeding at the Court where the proceeding is being heard or
at the police station in whose jurisdiction he resides, after which the application will be
processed and presented to the Court by the station officer within 48 hours.
The police officer will however start investigating the threat to the witness and present it to
the court, after which the Judge of the competent court, with the assistance of the State
Council will form a Witness Protection Cell consisting of the Station House Officer of the
appropriate police station, the Investigating Officer, and the Witness Advocate.
Section.30 of Prevention of Terrorism Act:- “ Since the life of the witness is in danger,
adequate measures should be taken to keep the identity and address of such a witness a secret.
The mention of the names and address of the witness should be avoided in any records of the
case and even in the Court orders or judgment.”
Witness protection is also given under the Terrorist and Disruptive Activities (Prevention)
Act of 1987 and the Prevention of Terrorism Act of 2002 under Sec. 13 of TADA 1985 and
Sec. 16 of TADA 1987 allowed for the confidentiality of a witness’s identity and residence.
Victims and witnesses are also protected by sections 151 and 152 of the Indian Evidence Act
of 1872 from being asked indecent, scandalous, or insulting questions, as well as inquiries
meant to irritate or offend them. One of the terms and conditions set by the Court on an
accused when he is released on bail is that he not tamper with the evidence or approach the
witnesses. This is not a provision for witness protection, but rather to guarantee that the trial
does not become infructuous.
The Delhi High Court in Ms. Neelam Katara v.Union of India gave the following Guidelines
for protection of witnesses.
1. The Court has also made it compulsory for the investigating officer of a case to inform the
witness about the new guidelines.
- The Court has appointed the Member Secretary of the Delhi Legal Services Authority to
decide whether a witness requires police protection or not. - The competent authority shall take into account the nature of security risk to him/her from
the accused, while granting permission to protect the witness. - Once the permission is granted, it shall be the duty of the Commissioner of Police to give
protection to the witness.
Conclusion
It is by and large perceived that the State has a commitment to give help and assurance to
people who are probably going to be hurt due to their joint effort with the criminal equity
framework. There are various methods for insurance. The thoughtful picked for each situation
depends generally on the kind of witness (casualty, weak observer, equity partner and so on),
the sort of (wrongdoing inside the family, sex wrongdoing, coordinated wrongdoing and so
forth) furthermore, the degree of danger or terrorizing. Witness security programs are viewed
if all else fails reaction in giving security to undermined observers. They were set up to
address the failure of ordinary police insurance measures to give a protected climate to
witnesses willing to affirm against incredible criminal respondents.