Scheme to protect witnesses in criminal cases launched

While taking a major stride towards implementing the three new criminal laws in the state, the Haryana Government has rolled out the ‘Haryana Witness Protection Scheme, 2025’ to ensure the protection of witnesses. A notification to this effect has been issued by the Home Department.

Advertisement

The scheme will be applicable to the witnesses of those offences which are punishable with death or life imprisonment or an imprisonment up to seven years and above.

It will also cover punishments under Sections 74, 75, 76, 77, 78 and 79 of the Bharatiya Nyaya Sanhita as well as under Section 8, 10, 12, 14 and 15 of the Protection of Children from Sexual Offences Act, 2012.

Under the scheme, there will be three categories of witnesses based on threat perception. Category-A includes situations where the threat extends to the life of the witness, family members or any person in whom the witness is interested, during the investigation, trial or thereafter.

Category-B involves cases where the threat extends to the safety, reputation or property of the witness, 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, family members, or any person in whom the witness is interested, affecting their reputation or property, during the investigation, trial or thereafter.

A series of witness protection measures have also been outlined under the ‘Haryana Witness Protection Scheme, 2025’.

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 him 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 will be proportionate to the level of threat and will be provided for a specific duration, not exceeding three months at a time. All hearings related to witness protection applications will be held in-camera by the competent authority, ensuring full confidentiality.

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 will be disposed of within five working days of receiving the threat analysis report from the police authorities. The witness protection order issued by the competent authority will be implemented by the Witness Protection Cell or the trial court.

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

During the hearing of the application, the identity of the witness will not be disclosed to any other person, which is likely to lead to the identification of the witness. The competent authority will then dispose of the application based on the available material on record.

In cases where a witness requests a change of identity, and 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.