Question : Protection of Witnesses

(a) whether the Government is aware of several instances of witnesses turning hostile during trial on account of absence of protection and the criminals were set free and if so, the details thereof including the action taken by the Government in such cases;

(b) whether instances of attack/murder, harassment, threatening of witnesses and forcing them to turn hostile have come to the notice of the Government;

(c) if so, the details thereof including the total number of such cases reported, guilty arrested and the action taken against them during each of the last three years and the current year, State/UT-wise; and

(d) the steps taken by the Government to provide protection/security to witnesses involved in various criminal cases?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) to (d): The 198th Report of the Law Commission of India on ‘Witness Identity Protection and Witness Protection Programme’ has been circulated to the State Governments / Union Territory Administrations for consultation. There are provisions in Section 195A of the Indian Penal Code (IPC) and Section 195A of the Code of Criminal Procedure (CrPC) to provide legal recourse to the witnesses. Details of instances of witnesses turning hostile/unmerited acquittals, etc., are not maintained centrally.
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