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 and Justice S. ‘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 and Justice S Abdul Nazeer held that the said scheme shall be the ‘law’ under Article 141/142 of the Constitution till the enactment of suitable parliamentary and/or state legislations on the subject and also directed that vulnerable witness deposition complexes shall be set up by the states and union territories within a period of one year, i.e., by the end of the year 2019. Witness Protection Scheme, 2018 The bench noted that the essential 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, types of protection measures like ensuring that the witness and accused do not come face to face during investigation etc. Beneficial and benevolent scheme which is aimed at strengthening criminal justice system in this country Giving its imprimatur to the scheme, the court said: “Since it is beneficial and benevolent scheme which is aimed at strengthening the criminal justice system in this country, which shall in turn ensure not only access to justice but also advance the cause the justice itself, all the States and Union Territories also accepted that suitable directions can be passed by the court to enforce the said Scheme as a mandate of the court till the enactment of a statute by the Legislatures.” The bench also observed that there is a paramount need to have witness protection regime, in a statutory form.

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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, 1 week 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 …

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 …

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

Kerala High Court Notifies Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction

Live Law  

The Kerala High Court has issued certain Guidelines for Recording of Evidence of Vulnerable Witnesses in light of the directions issued by the Supreme Court in Smruti Tukaram Badade v. State Of Maharashtra & Anr.In an attempt to provide vulnerable witnesses with a safe and conducive environment to testify fearlessly during a criminal trial, the Court has directed setting up. …

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 …

Witness Protection- "Surprising That Despite Accepting Threat To Life, Witness' Security Was Reduced": Allahabad HC Restores Security Arrangements
3 years, 5 months ago

Witness Protection- "Surprising That Despite Accepting Threat To Life, Witness' Security Was Reduced": Allahabad HC Restores Security Arrangements

Live Law  

Expressing surprise over the decision of a committee headed by the District Judge to reduce the security provided to a witness despite accepting a threat to his life, the Allahabad High Court recently restored the security arrangements of the witness/petitioner till further orders. Essentially, the bench of Justice Rajan Roy and Justice Suresh Kumar Gupta was hearing the plea of …

Court orders protection to witnesses in murder case against Sushil Kumar
3 years, 9 months ago

Court orders protection to witnesses in murder case against Sushil Kumar

Hindustan Times  

A local court has ordered both Delhi and the Haryana police to provide round the clock protection to all the four witnesses in the wrestler Sagar Dhankhar murder case, in which Olympic medallist Sushiil Kumar is one of the accused. The high court said that the competent authority will take a decision within one week of filing of the application …

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 …

Deployed Adequate Forces To Ensure Protection Of Family Members & Witnesses: UP Govt Files Affidavit In Hathras Case Before SC [Read Affidavit]
4 years, 5 months ago

Deployed Adequate Forces To Ensure Protection Of Family Members & Witnesses: UP Govt Files Affidavit In Hathras Case Before SC [Read Affidavit]

Live Law  

In its affidavit before the Supreme Court in Hathras Case, the Uttar Pradesh Government submitted that it has deployed adequate forces to ensure protection of the following members of the victim's family.The CJI SA Bobde led bench had earlier directed the State Government to place on record such details.Special Secretary, Home Department, Uttar Pradesh, in his affidavit stated that he. …

Delhi riots: Police shares details of protected witnesses in charge sheet copies provided to accused
4 years, 5 months ago

Delhi riots: Police shares details of protected witnesses in charge sheet copies provided to accused

Firstpost  

The court has directed the Special Cell of the Delhi Police to ensure comprehensive safety and security to all the protected witnesses New Delhi: A Delhi court hearing a case related to the Northeast Delhi riots has been informed that the police “inadvertently” put a document which contained the details of some of the protected witnesses in the copies of …

Madras HC Directs State To Implement Audio-Video Recording Of Witness Statements [Read Order]
5 years, 3 months ago

Madras HC Directs State To Implement Audio-Video Recording Of Witness Statements [Read Order]

Live Law  

"When the entire world is moving towards electronic means, it is high time that the criminal prosecution must also take advantage of this development and it will strike a balance between the rights of the accused and the rights of the victim." The court directed, In all crimes, particularly, offences affecting the human body covered under Chapter XVI of IPC …

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 …

SC Issues Notice On Plea For Protection Of Identity Of Accused In Sexual Crimes
5 years, 8 months ago

SC Issues Notice On Plea For Protection Of Identity Of Accused In Sexual Crimes

Live Law  

The Supreme Court on Monday issued notice on a plea seeking the protection of identity, reputation & integrity of individuals, allegedly accused of "Sexual Offences", till completion of the investigation into the "truthfulness" of such allegations. Petition says further that as far as the protection of "integrity" in the modern times goes, protection is lent only to the "victim" and …

Vulnerable Witnesses Being Examined In Courtrooms: Circular Asks Delhi Judges To Use Vulnerable Witnesses Deposition Complex
5 years, 10 months ago

Vulnerable Witnesses Being Examined In Courtrooms: Circular Asks Delhi Judges To Use Vulnerable Witnesses Deposition Complex

Live Law  

Despite the establishment of Vulnerable Witnesses Deposition Complexes in all district courts in Delhi aimed at easing the trauma and fear of a vulnerable/child victims and witnesses and minimizing their chances of coming in direct contact with the accused, many vulnerable witnesses are being examined in the courtrooms. A circular issued by the District & Sessions Judge, Saket court, took …

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 …

Supreme Court approves Centre's draft witness protection scheme, asks all states to implement it till legislation is passed
6 years, 3 months ago

Supreme Court approves Centre's draft witness protection scheme, asks all states to implement it till legislation is passed

Firstpost  

The Supreme Court on Wednesday approved the Centre’s draft witness protection scheme and asked all the states to implement it till the Parliament comes out with a legislation. New Delhi: The Supreme Court on Wednesday approved the Centre’s draft witness protection scheme and asked all the states to implement it till the Parliament comes out with a legislation. The issue …

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 …

Supreme Court says it will direct states to implement draft witness protection scheme framed by Centre
6 years, 4 months ago

Supreme Court says it will direct states to implement draft witness protection scheme framed by Centre

Firstpost  

The issue of witness protection scheme had cropped up earlier when the top court was hearing a public interest litigation seeking protection for witnesses in rape cases involving self-styled preacher Asaram Bapu. New Delhi: The Supreme Court on Monday said that it would direct all the states to implement the draft witness protection scheme framed by the Centre in consultation …

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 …

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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