New Witness Protection Scheme

Background of the scheme

The Supreme Court has approved the Centre’s draft witness protection scheme and has asked all the states to implement it till Parliament comes out with a legislation. The court has also made some changes in the scheme.
  • The issue of witness protection scheme came up during the public interest litigation (PIL) seeking protection for witnesses in rape cases involving Asaram Bapu, where 10 witnesses were already attacked.

Need and significance of such a scheme

  • Witnesses, being eyes and ears of justice, play an important role in bringing perpetrators of crime to justice.
  • Scheme is the first attempt at the national-level to holistically provide for the protection of the witnesses, which will go a long way in eliminating secondary victimization.
  • This scheme attempts at ensuring that witnesses receive appropriate and adequate protection.
  • witnesses need to have the confidence to come forward to assist law enforcement and prosecutorial authorities
  • It also strengthens the criminal justice system in the country and will consequently enhance national security scenario.
  • Malimath Committee on criminal justice system had recommended enacting a separate witness protection law and in 2006
  • Law Commission of India, in its 198th report, provided for a draft witness protection law.

Highlights of the draft scheme

  • The draft witness protection scheme has been finalised in consultation with the National Legal Services Authority (NALSA) and Bureau of Police Research and Development (BPRD).
  • The types of protection measures envisaged under the scheme are to be applied in proportion to the threat and they are not expected to go on for infinite time.

Location: Thiruvananthapuram, Kerala, India

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