Topic: Delhi Witness Protection Scheme- A Step in Right Direction

Good morning Respected Guests, Teachers and my dear friends, I am glad to stand before
you today to present a paper on Witness Protection Programme. I'd like to start by stating
that:

The witness is universally considered to be one the most effective instrument to ascertain
the truth in criminal proceedings and It is an established fact that witnesses form the key
ingredient in a criminal trial, many a times it is the testimonies of these very witnesses
which establish the guilt or innocence of the accused. The great thinker Bentham said that
witnesses are the eyes and ears of justice. It is for this reason that when a witness is called
in for deposing before the court, it is expected that he/she would depose without any fear.
But is it possible for a witness to depose without any fear? In the present times when a
criminal trial is marked by hostile witnesses and protracted trials thereby defeating the
ends of justice, it becomes necessary to reconsider the laws regarding witness protection
in our country. The witness in a criminal trial is intimidated by the criminals resulting in
ever increasing trend of witnesses turning hostile. According to National Crime Records
Bureau data, the rate of conviction in crimes committed under Indian Penal Code has
dropped miserably. Records show conviction rate in Indian Penal Code crimes has
dropped to 40.2% in 2013. It has become more or less a fashion to have a criminal case
adjournment again and again till the witness tires and he gives up. Not only the witness is
threatened; he is abducted; he is maimed; or even bribed. There is no protection for him
under Indian Law. In adjourning the matter without any valid cause, a Court unwittingly
becomes party to miscarriage of justice.
In the present times witnesses are intimidated frequently and the witnesses do not feel
safe. The prosecution witnesses retract from statements made earlier before the police and
turn hostile in the Court. In India, in most of the cases involving rich influential persons
or corrupt politicians, crucial witnesses turn hostile, making the rule of law, a mockery.
Very often witnesses become untraceable. Sometimes they are just eliminated. Witnesses
are turning hostile with predictable regularity in cases involving heinous crimes or high
profile personalities due to external pressures, thereby leading to the failures of the
criminal justice system.

This situation is alarming for the reason that it frustrates the very purpose of a criminal
trial as a criminal trial is to find out whether the accusation imposed upon the accused by
the prosecution is true or not, which in the absence of a true witness is compromised. In
such a case the end result of the trial may be something which may not be considered just
if proper facts would have been placed before the judge. Witness anonymity & protection
can be a solution to this situation as it will eliminate any chance of intimidation of the
witness and the witness will depose without any fear. The protection of witness is of
utmost importance as it has potential to seriously jeopardize the efficiency of the Courts
proceedings. However, in our criminal system the accused has various rights which
necessitate the disclosure of witness identity.
The whole issue of hostile witness came under sharp public scrutiny after the judgement
in the landmark Jessica Lal and Best Bakery case. These cases came as an eye-opener
showing glaring defects in the judicial system. This paper discusses the reports of Law
Commission on Witness protection a brief overview of recently Passed Delhi Witness
Protection Scheme, 2015
There have been various attempts to address the need for witness protection schemes in
the past but much haven't been done till date in this regard.
The Law Commission in its 14th Report (1958) referred to 'witness-protection',
but that was in a limited sense. That related to proper arrangements being provided
in the Courthouse, the scales of travelling allowance, their daily allowance etc.
The National Police Commission Report (1980) again dealt with the inadequacy of
daily allowance for the witnesses, but nothing more. The 154th Report of the Law
Commission 1996 contains a chapter on Protection and facilities to Witnesses. The
recommendations mostly related to allowances and facilities to be made available
for the witnesses. However, one of the recommendations was: "Witnesses should
be protected from the wrath of the accused in any eventuality", but, again, the
Commission did not suggest any measures for the physical protection of witnesses.
The 178th Report of Law Commission, again, referred to the fact of witness
turning hostile, and the recommendations were only to prevent witnesses from
turning hostile. The Report suggested an amendment to insert S.164 A to the Code
of Criminal Procedure .

 The Malimath Committee Report contains a casual statement that a law should be
enacted for giving protection to witnesses and their family members, without
specifying any provision or scheme whatsoever.
The 198th Report of Law commission has discussed the need for witness
protection broadly giving its recommendations on Protection of witness Identity
and providing protection as early as at the state of Investigation. The report also
Recommended using of a two way closed circuit Television with audio link with
which the witness can give testimony without being physically present in the
court.

It is sad to note that The first formal mention of the expression witness-protection was
in the 14th report of the Law Commission of India way back in 1958 which was more
than 50 years ago yet no government made any specific laws to prevent the witnesses,
only till last year when finally the First witness protection scheme was passed by
Government of Delhi called the Delhi Witness Protection Scheme, 2015 with and aim to
ensure that the investigation, prosecution and trial of criminal offences is not prejudiced
because witnesses are intimidated or frightened to give evidence without protection from
violent or other criminal recrimination. It 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. Witnesses need
to be given the confidence to come forward to assist law enforcement and Judicial
Authorities with full assurance of safety. It is aimed to identify series of measures that
may be adopted to safeguard witnesses and their family members from intimidation and
threats against their lives, reputation and property.
The scheme has to great extent followed the recommendation of 198th law commission
reports and introduced various types of protection like Concealment of Identity, close
protection, temporary change of residence, telephone monitoring, providing emergency
contact persons, installation of security devices etc.
The attempt of Delhi government is a big step in the right direction and in its footsteps the
govt. of Maharashtra submitted a proposed draft of witness protection programme to the

High Court. Though still a Far Cry, but the need of Witness Protection Programmes is
now widely recognised and in all hope it will soon be achieved.
THANK YOU