Overview

Value of Witness in Criminal Justice system:

Witnesses play an important role in the judicial system, helping judges to come to proper factual conclusions.

 

The value of a witness in a criminal prosecution :

In the exploration of truth, he performs that divine role of the sun. It reduces the darkness of unconsciousness and brightens the face of truth, encircled by sins of humanity and compassion.

Step By Step Procedure For Witness Protection Scheme

  1. “Witness Protection Application Form” Submission By Witness to get protection 
  2. “Form” means as per section 2(e) - Witness Protection Application Form added to this Project.
  3. Who presents the witness security Application form

According to Section 2 (k), It can be affected by:

  • The witness, or
  • his family member, or
  • his duly engaged counsel

 

4. Submission of Form by the witness before Competent Authorisation

 

As per Section 2(b) Competent Authority determines a Standing Committee in every District. Chaired by District and Sessions Judge with Head of the Police in the District as Member and Head of the Government in the District as its Member Secretary:

  • District and session judge- Chairperson
  • Head of the police - Member
  • Head of the prosecution - Member Secretary

 

5. Beginning Of In-Camera Proceedings

 

  • Section 2(f) - It involves processes wherein the Competent Authority. Court provides only those characters who are required to be present while learning and determining the witness security certificate or dismissing in the court.

 

  • OFFENCE: "Offence" means those misdemeanors which are condemned with death or life confinement or custody up to seven years and high and also offenses guilty under Sections 354, 354A, 354B, 354C, 354C, 354D & 509 Section of IPC

 

6. Preparation of Threat Analysis Report

 

Section 2 (i)- It involves a comprehensive report provided and presented by the Head of the Police in the District. It Investigates the case concerning the importance and reliability of the threat's attention to the bystander or his family members.

 

It shall include precise aspects about the characteristics of warnings by the observer or his family to their presence, honor, or property aside from analyzing the area. The characters making the warning have the purpose, motive, and means to realize the warnings. It shall also describe the warning knowledge aside from submitting the special witness security strengths which justify being taken in the interest.
 

  • The Superintendent of Police submits the report.
  • Assess the importance and reliability of the threat.
  • Designate articles about the warning.
  • Define the kind of threat knowledge
  • If he deems fit may present common Protection till the Order.
  • Define what sort of security standards justifies being taken.
  • Stipulate the term of protection; such continuance shall be a specific term not passing three months at a time.

 

Such actions may involve:

 

  • Assuring that witnesses and involved do not come face to face through research or hearing.
  • Monitoring of mail and telephone calls.
  • Agreement with the telephone business to reduce the witness's telephone number or allow him or her an unknown telephone number.
  • Foundation of security tools in the witness's house such as safety doors, CCTV, alarms, fencing, etc.
  • Shield the status of the witness by relating to him or her with the revised name or alphabet.
  • Emergency contact people for the witness.
  • Close safety, routine patrolling throughout the witness's house.
  • Momentary change of residency to a relative's home or a nearby city.
  • The positioning of in-camera trials

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