Witness protection program Act Law

Only two sections in law for the Witness protection program 

Witness protection program Act Law : Whenever any crime happens, it is the duty of the police to protect the victim and the witness. The victim and the witness are both in a miserable state both inside the outside the court. Many times, they get warnings and are harassed. Sometimes the society cuts them off and this causes the witness to fall back from their stand. 

Under section 161 (3) the police record the testimony of the witness. But this is not applicable in the court under the section 161 (1). Actually, the purpose of this is to stop the witness from getting affected by anyone else’s decision. Sometimes the police also pressure the witness to speak what is required in a certain case. 

Supreme Court has specified about the witness protection program in protecting the witness and their identity. It has been specified that the witness protection program should be extended outside the court too. In the cases of rape and terrorism, the witness can have many dangers and thus their identity needs to be protected. 

Supreme Court had scolded the administration in the best bakery case. The inquiry agency was scolded for their irresponsible behavior. It was pointed out that there is a dearth of protection of witness in the country. 

Bhartiya Vidhi Ayog has put forward an application for a proper witness protection program recently. Many changes have been suggested in this. But the practicality of introducing this is at stake. 

R versus chief constable for kent and crown prosecution service matter was put in light and it was said that the inquiry agency should be responsible for the protection of the witness. This responsibility is of that state where the crime has been committed. As the victim is a victim of the failure of those state government policies also. Under Indian penal code 357, a victim compensation scheme has also been started. Under this insurance if the victim dies due to any injury hen 50000 rupees should be given to the surviving member of his family for the same. 

Witness protection program Act Law

A special fund has also been created for the victims of criminal cases in India. Under the cases of physical assaults, rape, murder, theft etc compensation is given to the victim by the government. This money is given to be used for the victim’s medical bills, loss in studies, damages to the home and agricultural damage etc. There is a process to avail this facility. A zila committee is there for this purpose where the collector heads the committee. The victim’s application is discussed upon in the committee and then put forward to the government for the compensation. 

This has been declared globally under human rights commission that each person during a hearing will be given equal rights. It can be anyone from the criminal to the victim to witness. Each tribunal or the court is there to help and be of service to the people. Under Indian Penal Code of 1872 of section, 151 and 152 there is no other provision for the safety and security of the witness in the country. Bharatiya Vidhi Ayog has done a commendable job in forwarding this application for commencing the witness protection program. 

•Such kind of compensation benefits was there in the times of Jahangir rule too in the country. 

By Dr Anil, National Law University, Mumbai