The draft of the Witness Protection Scheme 2018 states that it is the first attempt at the national level to holistically provide for the protection of witnesses, which will go a long way in eliminating secondary victimisation. Being the eyes and ears of justice, the witnesses play an important role in bringing the perpetrators of crime to justice, it noted.

The draft scheme was prepared by the Union government based on inputs from states and finalised in consultation with the National Legal Services Authority and the Bureau of Police Research and Development.

The Bench of justices A.K. Sikri and S. Abdul Nazeer in their judgment said, “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 also ordered that “in all the district courts in India, vulnerable witness deposition complexes shall be set up by the states and Union Territories” and this “should be achieved within a period of one year”.

Witnesses turning hostile is a major reason for most acquittals. The Bench said it hardly needs to be emphasised that one of the main reasons for witnesses turning hostile is that they are not accorded appropriate protection by the State. The condition of witnesses in the Indian legal system can be termed as pathetic, it added. Witnesses face threats at various stages of an investigation and during the trial period. They may have to face the trauma of attending court regularly. Because of the lack of a witness protection programme in India and the treatment that is meted out to them, there is a tendency of reluctance in coming forward and providing statements during an investigation and/or testify in courts.

The Bench has asked all states to set up vulnerable witness deposition complexes by the end of 2019. These rooms will be equipped with facilities to prevent the accused and witness from coming face to face. The expenses for the programme will be met from a Witness Protection Fund to be established by the states and Union Territories.

The witness protection measures will be proportionate to the threat perception and ensure that the witness and accused don’t come face to face during the investigation or trial. The scheme also provides for giving a new identity to the witness, apart from an unlisted number and other such measures.