Question : Witness Protection Scheme

(a) whether the Government has formulated/finalised the draft of witness protection scheme aimed at strengthening the criminal justice system in the country;

(b) if so, the salient features of the scheme along with the funding pattern thereof;

(c) whether the Supreme Court has approved the scheme and if so, the details thereof;

(d) whether the scheme emphasises the need to create vulnerable witness deposition complexes by the Union Government and the State Governments; and

(e) if so, the details thereof and the reasons therefor?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HANSRAJ GANGARAM AHIR)


(a) to (e): The Ministry of Home Affairs has prepared a “Witness Protection Scheme, 2018” in consultation with the National Legal Service Authority, Bureau of Police Research & Development and the State Governments.

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L.S.US.Q.NO.3427 FOR 01.01.2019


This scheme provides for protection of witnesses based on the threat assessment and protection measures inter alia includes protection/change of identity of witnesses, their relocation, installation of security devices at the residence of witnesses, usage of specially designed Court rooms, etc.

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 and has also directed that the Union of India as well as States and Union Territories shall enforce the Witness Protection Scheme, 2018 in letter and spirit and that it shall be the ‘law’ under Article 141/142 of the Constitution, till the enactment of suitable Parliamentary and/or State Legislations on the subject. The Court’s direction also include setting up of vulnerable witness deposition complexes in all districts courts in India within a period of one year for which Central Government should support the States/Union Territories by helping them financially and otherwise.

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