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DNA SPECIAL: Hostile witnesses spur an improved protection plan

A draft Witness Protection Scheme 2018 has been sent to stakeholders for their suggestions

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A file photo of the youngest eyewitness of 26/11 Mumbai terrorist attack, Devika Rotawan at her home at Bandra in Mumbai
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From conferring new identities to witnesses, that include new name, profession, parentage and relocation to providing them with a safer place in the states and union territories, the Bureau of Police Research and Development (BPR&D) and National Legal Services Authority (NLSA) has come up with a draft Witness Protection Scheme 2018 and sought suggestions from all stakeholders to incorporate their views to make it a watertight programme.

The draft of the scheme was completed on May 16 after the Supreme Court lashed out at the Centre for not protecting witnesses in criminal cases. As per the draft, the conviction rate in murder and rape cases is only around 10-12 per cent as witnesses often turn hostile. This fact led the authorities to come up with the witness protection programme.

Just like in US and European countries, where witnesses are protected by the State and are given completely different identities, the programme will also ensure support for witnesses so that they are not killed and a fair probe is ensured.

The scheme provides various types of protection measures but it shall be proportional to the threat and for a specific duration. As per the draft, there is a provision to change the identity of a witness and relocate him or her. "In appropriate cases, where there is a request from the witness for a change of identity and based on the threat perception by commissioners of police or SSPs, a decision can be taken for conferring a new identity to the witness," the draft stated.

Conferring new identities includes a new name, profession, parentage and providing supporting documents acceptable by the government agencies. Also, the new identities would not deprive the witness of existing educational, professional and property rights.

The competent authority under this scheme, secretary and chairperson of District Legal Service Authority, can take a decision on relocation in view of the safety, welfare and well-being of the witness.

There is also provision for awarding periodical financial aids and grants to the witness from Witness Protection Fund for the purpose of relocation, sustenance or starting new vocation and profession. Also, the programme would ensure that witnesses and accused do not face each other during the investigation or trial.

PROVIDING GRANTS

There is also a provision for awarding periodical financial aid and grants to witnesses from Witness Protection Fund for relocation, sustenance or starting new vocation and profession. Also, the programme would ensure that witnesses and accused do not face each other during the investigation or trial

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