A law for those who testify
5 years, 7 months ago

A law for those who testify

The Hindu  

The recent accident in Rae Bareli in which a rape survivor’s two aunts died, and which left her and her lawyer in a critical condition, has drawn much media attention. The rape accused, Bharatiya Janata Party MLA Kuldeep Singh Sengar, was arrested in April last year after the survivor attempted to immolate herself in front of the Uttar Pradesh Chief Minister’s residence while demanding justice. On June 2 this year, Assistant Sub Inspector Suresh Pal, assigned to protect murder witness Rambir, was accidentally killed when the assailants missed their aim while attempting to kill the witness. Meanwhile, the apex court gave its assent last year to the Witness Protection Scheme, which was drafted by the Centre in consultation with the Bureau of Police Research and Development and the National Legal Services Authority.

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History of this topic

Haryana launches witness protection scheme
1 month, 1 week ago

Haryana launches witness protection scheme

Hindustan Times  

The Nayab Singh Saini-led BJP government on Thursday rolled out the “Haryana Witness Protection Scheme, 2025” to ensure the protection of the witnesses as the state gears up to implement the three new criminal laws. Change of identity an option In cases where a witness requests a change of identity, and based on the threat analysis report, the competent authority …

Submit details on witness protection scheme: Allahabad HC to U.P. govt
1 month, 2 weeks ago

Submit details on witness protection scheme: Allahabad HC to U.P. govt

Hindustan Times  

The Lucknow bench of the Allahabad high court has directed the state government to apprise it of the implementation of the scheme related to the protection of witnesses in criminal cases. Converting a writ petition related to protection of witnesses into ‘suo moto’, a division bench of Justice AR Masoodi and Justice Subhash Vidyarthi on February 11 observed: “Whether the …

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.
2 months ago

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.

The Hindu  

The Madras High Court has directed the Home Secretary and Director General of Police to explain the enormous delay of nearly 10 years by the Tamil Nadu police in completing investigations, even in murder cases. On finding that almost all the criminal cases, including one for the charge of murder, against the detainee were still under investigation, despite them having …

Justice Lakshman Highlights Ease of Evidence Recording Under New Criminal Laws
3 months, 3 weeks ago

Justice Lakshman Highlights Ease of Evidence Recording Under New Criminal Laws

Deccan Chronicle  

HYDERABAD: Justice K. Lakshman, judge of the Telangana High Court, said that recording of evidence and serving of summons had become easy through the new criminal laws. Justice Lakshman was speaking at the concluding session of the two-day seminar, ‘New criminal laws’, under the aegis of the Metropolitan Criminal Courts Bar Association here. The three new criminal laws include Bharatiya …

CJI says safeguards in new criminal laws will protect rights of citizens
11 months, 1 week ago

CJI says safeguards in new criminal laws will protect rights of citizens

The Hindu  

Describing the new criminal justice system as a “watershed moment for our society”, Chief Justice of India D.Y. Recording search operations Justice Chandrachud said that these laws have transitioned India’s legal framework on criminal justice into a new age. But this issue has been part of political discourse in elections.” Privacy concerns Asserting that the criminal justice system was set …

Criminal law revamp: How the large-scale changes will impact common citizens
1 year, 7 months ago

Criminal law revamp: How the large-scale changes will impact common citizens

India Today  

The Centre, in a surprise twist at the end of the Monsoon Session of Parliament on Friday, completely revamped and replaced three historical laws that were the backbone of the criminal justice system in India. THE GOOD ZERO FIRs: The new law allows for registration of a First Information Report in any police station, irrespective of where the crime is …

Hanskhali Gangrape & Murder: Calcutta HC Issues Orders For Witness Protection At State Expense
2 years, 11 months ago

Hanskhali Gangrape & Murder: Calcutta HC Issues Orders For Witness Protection At State Expense

Live Law  

The Calcutta High Court vide order dated April 20 has allowed for the filing of a witness protection application before the competent authority as specified under the Witness Protection Scheme, 2018 to protect the family members of the victim in the Hanskhali gangrape and murder case wherein a probe by the Central Bureau of Investigation had been ordered into a …

Hanskhali Gangrape & Murder: Calcutta High Court Reserves Order In Plea Seeking Implementation Of Witness Protection Scheme 2018
2 years, 11 months ago

Hanskhali Gangrape & Murder: Calcutta High Court Reserves Order In Plea Seeking Implementation Of Witness Protection Scheme 2018

Live Law  

The Calcutta High Court on Wednesday reserved its order in a petition seeking the implementation of the Witness Protection Scheme, 2018 in the Hanskhali gangrape and murder case wherein a probe by the Central Bureau of Investigation had been ordered into a week back. Reliance was also placed on the Supreme Court judgment in Mahendra Chawla v. Union of India …

Patna High Court Formulates Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction
2 years, 11 months ago

Patna High Court Formulates Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction

Live Law  

With the objective of ensuring a safe and conducive environment for recording the evidence of Vulnerable Witnesses, the Patna High Court has formulated and notified its Guidelines for Recording of Evidence of Vulnerable Witnesses.The guidelines have been notified in light of the directions issued by the Supreme Court of India in Smruti Tukaram Badade v. The State Of Maharashtra and …

Allahabad High Court Directs UP Govt, Its Authorities & Committees To Implement Witness Protection Scheme
3 years, 4 months ago

Allahabad High Court Directs UP Govt, Its Authorities & Committees To Implement Witness Protection Scheme

Live Law  

The Allahabad High Court last week directed the Uttar Pradesh Government and all its concerned authorities/committees to implement the Witness Protection Scheme, 2018 forthwith.This direction came from the Bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar that was hearing the plea of a petitioner, Mithlesh Narayan Tiwari, who is a witness in a 2018 Murder case, and. The …

Establishment Of Vulnerable Witness Deposition Courtrooms: SC May Consider The Option Of Monitoring By HC Chief Justices To Ensure Compliance
3 years, 4 months ago

Establishment Of Vulnerable Witness Deposition Courtrooms: SC May Consider The Option Of Monitoring By HC Chief Justices To Ensure Compliance

Live Law  

In connection with the establishment of vulnerable witness deposition courtrooms in every district, the Supreme Court on Monday observed that it may consider requesting the Chief Justices of High Courts to monitor compliance with its 2017 judgment in State of Maharashtra v. Bandu on this behalf. The bench of Justices DY Chandrachud and AS Bopanna was hearing a Miscellaneous Application …

Witness Protection in India
3 years, 4 months ago

Witness Protection in India

Live Law  

Witnesses have a major role to play in the criminal justice system. Reasons behind witnesses turning hostile When a witness backs out or tends to back out from his statement which was recorded by the police, he is called a "hostile witness." The Bombay High Court recently termed the hostility of witnesses as "cancerous to the justice delivery system" in …

Allahabad High Court Seeks UP Government's Response On Steps Taken For Implementation Of Witness Protection Scheme 2018
4 years, 3 months ago

Allahabad High Court Seeks UP Government's Response On Steps Taken For Implementation Of Witness Protection Scheme 2018

Live Law  

The Allahabad High Court on Thursday issued notice to the UP Government on a PIL seeking effective implementation of the Witness Protection Scheme, 2018. The Petitioner, Rannsamar Foundation through Advocate Abha Singh has approached the Lucknow Bench of the High Court, seeking effective implementation of the decision in Mahendra Chawla v. Union of India, 4 SCC 615, whereby the Supreme …

Cases Against MPs/MLAs : Karnataka High Court Directs Implementation Of Witness Protection Scheme
4 years, 3 months ago

Cases Against MPs/MLAs : Karnataka High Court Directs Implementation Of Witness Protection Scheme

Live Law  

The Karnataka High Court on Tuesday directed the State government to within two weeks issue an order constituting a competent authority as prescribed in the Witness Protection Scheme, 2018, which has been approved by the Supreme Court. We are therefore of the view that it is all the more necessary to implement the witness protection scheme, in relation to the …

Criminal Cases Against MPs/MLAs : Implement Witness Protection Scheme, No Uncecessary Adjournments, Directs Supreme Court
4 years, 4 months ago

Criminal Cases Against MPs/MLAs : Implement Witness Protection Scheme, No Uncecessary Adjournments, Directs Supreme Court

Live Law  

The Supreme Court has ordered that no unnecessary adjournments should be granted in criminal cases pending against legislators across the country.The court said that the Witness Protection Scheme, 2018 should be enforced by the concerned courts. The Supreme Court has ordered that no unnecessary adjournments should be granted in criminal cases pending against legislators across the country. In that order, …

SC Asks Trial Courts to Consider Granting Witness Protection in Cases Against Lawmakers
4 years, 4 months ago

SC Asks Trial Courts to Consider Granting Witness Protection in Cases Against Lawmakers

News 18  

The Supreme Court has directed the trial courts to consider granting protection to witnesses in cases against sitting and former lawmakers under Witness Protection Scheme without their making any specific application in this regard. A three-judge bench of Justices N V Ramana, Surya Kant and Anirudhha Bose, said the Witness Protection Scheme, 2018, approved by it should be strictly enforced …

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

Firstpost  

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 …

Centre receives nod from Supreme Court for Witness Protection Scheme
6 years, 3 months ago

Centre receives nod from Supreme Court for Witness Protection Scheme

Op India  

Supreme Court on Wednesday gave its nod for the Witness Protection Scheme, 2018 prepared by the union government, to bolster safety and security apparatus for the witness of heinous crimes. The need for a comprehensive Witness Protection Law emerged after a litigation demanded protection for witnesses in rape cases of Asaram Bapu. SC has also directed for the formation of …

Witness Protection Scheme: SC directs Centre to implement law ‘in letter, spirit’; says majority of acquittals due to witness hostility
6 years, 3 months ago

Witness Protection Scheme: SC directs Centre to implement law ‘in letter, spirit’; says majority of acquittals due to witness hostility

Firstpost  

The top court said that Witness Protection Scheme, 2018 shall be the ’law’ under Article 141 and 142 of the Constitution, till the enactment of suitable parliamentary or state legislations on the subject. The important features of the Witness Protection Scheme, 2018 include identifying categories of threat perceptions, preparation of a ‘Threat Analysis Report’ by the head of the police, …

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]
6 years, 3 months ago

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]

Live Law  

‘The Union of India, as well as States and Union Territories, shall enforce the Witness Protection Scheme, 2018 in letter and spirit.’The Supreme Court on Wednesday approved the Witness Protection Scheme, 2018, prepared by Union of India and has directed it and all states and union territories to enforce the same in letter and spirit.The bench comprising Justice AK Sikri …

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]
6 years, 3 months ago

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]

Live Law  

‘The Union of India, as well as States and Union Territories, shall enforce the Witness Protection Scheme, 2018 in letter and spirit.’The Supreme Court on Wednesday approved the Witness Protection Scheme, 2018, prepared by Union of India and has directed it and all states and union territories to enforce the same in letter and spirit.The bench comprising Justice AK Sikri …

India gets first witness protection scheme
6 years, 3 months ago

India gets first witness protection scheme

The Hindu  

The Supreme Court on Wednesday brought in place a witness protection regime in the country noting that one of the main reasons for witnesses turning hostile is that they are not given security by the State. Sikri and S. Abdul Nazeer said Witness Protection Scheme, 2018 will come into effect immediately across all States. Under it, witness protection may be …

HC directs Uttarakhand to give security to witnesses in sensitive crime cases
6 years, 10 months ago

HC directs Uttarakhand to give security to witnesses in sensitive crime cases

Hindustan Times  

Uttarakhand high court on Monday directed the state government to install security devices like close circuit television cameras, alarms, and boundary fencing at the residence of witnesses during the pendency of a trial. In an order that would go a long way in protecting witnesses in heinous or sensitive crime cases, the court directed the government to change their identity …

Andhra Pradesh: Call for act to shield lawyers from abuse
7 years, 4 months ago

Andhra Pradesh: Call for act to shield lawyers from abuse

Deccan Chronicle  

Rajahmundry: Given the increasing number of attacks on the fraternity, to the extent that some are even being implicated in false cases by the police, advocates are demanding a ‘Advocates Protection Act’ similar on the lines of ‘Judicial Officers Protection Act’ to ensure their safety. Advocates allege that as they try to protect the interests of persons accused by the …

Expanding Ambit of Asaram Case, SC Seeks Reply Of Centre, States On Witness Protection Programme
7 years, 6 months ago

Expanding Ambit of Asaram Case, SC Seeks Reply Of Centre, States On Witness Protection Programme

Live Law  

Emphasizing on witness protection programme, the Supreme Court has asked the Centre and state governments about the steps being taken to ensure that witnesses in sensitive and high-profile cases are not harmed.Expanding the ambit of a public interest litigation seeking protection for witnesses in rape cases involving self-styled preacher Asaram Bapu, a bench of justices AK Sikri and. Emphasizing on …

Witnesses in the wilderness: Why India needs a witness protection programme we can trust
9 years, 1 month ago

Witnesses in the wilderness: Why India needs a witness protection programme we can trust

Firstpost  

By Jagdeep S Chhokar “Muzaffarnagar case: Families of boy, woman killed in 2013 riots turn hostile.” – Indian Express, February 10, 2016 “Moga molestation death- Victim’s mother turns hostile: ‘Not molested, can’t recall any detail.’” – Indian Express, February 10, 2016 One would expect two headlines, in the same newspaper, the same day, on the same issue to turn some …

An Asaram Witness Struggles For Justice, Done in By the System
9 years, 5 months ago

An Asaram Witness Struggles For Justice, Done in By the System

The Quint  

In India, a shroud of precariousness hangs heavily over prosecution witnesses. Or, as the steadily rising death toll of those who have volunteered to speak out against Asumal Thaumal Harpalani, more notoriously known as Asaram Bapu shows, these courageous people could be silenced for ever. Witnesses Entrapped By the System It is also a truth that the law enforcement machinery …

Govt. told to notify witness protection policy
11 years, 10 months ago

Govt. told to notify witness protection policy

The Hindu  

While ordering prosecution of two witnesses, actor Shayan Munshi and ballistic expert P. S. Manocha, in the Jessica Lal murder case for perjury, the Delhi High Court on Wednesday directed the Delhi Government to notify a witness protection policy for providing security to prosecution witnesses. The Delhi Government “shall immediately and in any event within 10 weeks from today issue …

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