Haryana Government's witness protection scheme to strengthen rule of law

The Haryana Government has rolled out ‘Haryana Witness Protection Scheme 2025’ to ensure the safety and security of witnesses who play a crucial role in the justice system. The primary aim of the scheme is to protect witnesses from threats, harassment, or intimidation that may arise during the course of judicial proceedings. By providing legal protection, including the possibility of relocating, changing identities, or offering other safeguards, the government seeks to strengthen the rule of law, encourage witnesses to testify without fear, and improve the overall functioning of the criminal justice system. This initiative is part of a broader effort to promote transparency, accountability, and fairness within the legal process.

What are the conditions for applicability?

The scheme will be applicable to witnesses of offences punishable with death, life imprisonment, or imprisonment of seven years or more. Additionally, it will cover punishments under Sections 74, 75, 76, 77, 78, and 79 of the BNS, as well as under Sections 8, 10, 12, 14, and 15 of the Protection of Children from Sexual Offences Act, 2012.

How many categories of witnesses based on threat perception have been formed?

Under the scheme, there will be three categories of witnesses based on the threat perception. Category-A includes situations where the threat extends to the life of the witness, their family members, or any person in whom the witness is interested, during the investigation or trial, or thereafter whereas, Category-B involves cases where the threat extends to the safety, reputation, or property of the witness, their family members, or any person in whom the witness is interested, during the investigation, trial, or thereafter. Category-C applies where the threat is moderate and involves harassment or intimidation of the witness, their family members, or any person in whom the witness is interested, affecting their reputation or property, during the investigation, trial, or thereafter.

What measures are taken for witness protection?

A series of witness protection measures have been outlined under the witness protection scheme. These include ensuring that the witness and the accused do not come face to face during investigation or trial; monitoring of mails, emails, telephone calls, etc.; arrangements with the telephone company to change the witness’ telephone number or assign an unlisted number; installation of security devices such as security doors, CCTV, alarms, fencing etc. in the house or workplace of the witness, his family member(s) or the person in whom witness is interested; concealment of the witness’ identity by referring to them with a changed name or alias; provision of emergency contact persons for the witness; close protection, including physical personal security and bodyguard, regular patrolling or stationing of a PCR van around the  house, workplace of the witness, his family members or any person in whom the witness is interested.

The witness protection measures also include temporary change of residence to  a relative’s house or a nearby town/city; escort to and from the court, including the provision of a government vehicle or state-funded conveyance on the date of hearing; holding of in-camera trials; allowing the recording of the witness’ statement and deposition via audio-video electronic means from a place, including his or her abode or a designated place, to ensure the best safety and security; allowing a support person to remain present during the recording of the statement and deposition; use of specially designed vulnerable witness courtrooms equipped with facilities such as evidence through audio-video electronic means, one-way mirrors, screens, and separate passages for witnesses and the accused. There will also be an option to modify the witness’ facial image and audio feed to prevent identification.; ensuring the expeditious recording of depositions during the trial on a day-to-day basis without adjournments; providing appropriate periodical financial assistance to the witness from the witness protection fund for relocation, sustenance, or starting a new vocation or profession, as deemed necessary and any  other protection measures that the administrative department may consider appropriate for the purpose of this scheme.

The witness protection measures will be proportionate to the level of threat and will be provided for a specific duration, not exceeding three months at a time.

What is the procedure to get protection?

An application for seeking a protection order under this scheme will have to be filed before the competent authority through its Member Secretary, where the offence is committed. The application should be accompanied by authentic identification proof and any other supporting documents in support of his request. Upon receiving an application, the Member Secretary will promptly call for a threat analysis report from the DCP or SP concerned, to be submitted within two working days. Depending on the urgency of the matter, due to an imminent threat, the competent authority may issue orders for the interim protection of the witness, his family members, or any person in whom the witness is interested, during the pendency of the application.  The threat analysis report will be prepared expeditiously while maintaining full confidentiality and will be submitted to the competent authority within five working days of receiving the order. In processing the application for witness protection, the competent authority will also interact with the witness, their family members, any person in whom the witness is interested, employers, or other relevant individuals, either in person or via audio-video electronic means, to assess the witness’ protection needs.

All hearings related to witness protection applications will be held in-camera by the competent authority, ensuring full confidentiality. The application will be disposed of within five working days of receiving the threat analysis report from the police authorities.

Who will be responsible to execute witness protection orders?

A Witness Protection Cell will be established in each district, headed by the DCP or SP of the concerned district. The primary responsibility of the cell will be to implement witness protection orders issued by the competent authority.

The overall responsibility of implementing all witness protection orders passed by the competent authority will rest with the DGP. However, witness protection orders involving changes of identity and/or relocation, as provided in Clauses 12 and 13 of the scheme, will be implemented by the administrative department.

Is there any provision to keep witness’ identity private?

During the hearing of the application, the identity of the witness will not be disclosed to any other person. The competent authority will then dispose of the application based on the available material on record. Once an order for the protection of a witness’ identity is issued by the competent authority, it will be the responsibility of Witness Protection Cell to ensure the full protection of the witness’ identity, including names, parentage, occupation, address, digital footprints, and other identifying details of the witness, their family members, or any person in whom the witness is interested.

Is there any provision of changing the identity of witness?

In cases where a witness requests a change of identity or if it is required based on the threat analysis report, the competent authority may decide to grant the witness a new identity. This may include a new name, profession, or parentage, along with providing supporting documents that are acceptable to government agencies. The new identity will not deprive the witness of their existing educational, professional, or property rights. Similarly, in cases where a witness requests relocation, and based on the threat analysis report, the competent authority may decide to grant the request. The competent authority may issue an order for the relocation of the witness to a safe location within the state or any part of the Indian Union, considering the safety, welfare, and wellbeing of the witness, their family members, or any person in whom the witness is interested. The expenses will be covered by the witness protection fund or, if the witness agrees in writing, by the witness itself.