6 years, 3 months ago

SC approval of Witness Protection Scheme could be turning point in India's criminal justice system, but implementation is key

The Witness Protection Scheme is a very comprehensive policy that is bound to change the dynamics of criminal law in India for good, but the real test is its implementation and enactment. In the case of Mahendra Chawla and Others versus the Union of India, the Supreme Court has given effect to the Witness Protection Scheme, 2018, which aims to “promote law enforcement by facilitating the protection of persons who are involved directly or indirectly in providing assistance to criminal law enforcement agencies and overall administration of justice”. Thereafter, the Ministry of Home Affairs prepared a draft Witness Protection Scheme, 2018, which the Union government finalised after gathering inputs from states, Union Territories, high courts, police personnel and the National Legal Services Authority. Within five working days of receiving the Threat Analysis Report from the police, the application seeking protection should be disposed of, and the Witness Protection Cell should implement the authority’s order.

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