Have you ever wondered why pivotal witnesses in criminal trials say they want to take back statements? They have been threatened, intimidated, or maybe even harmed for such a long period that so many have been silenced. That unstructured and inadequate legal protection in India discouraged many from speaking up.
With a view to avoid this crucial gap, the Supreme Court undertook the Witness Protection Scheme 2018, as a major reform to strengthen the justice delivery system.
When Speaking Up Became Risky: Real Cases That Shook the System
We’ve all read headlines about witnesses turning hostile. Here’s what really happened:
- Best Bakery Case (2002): 14 people were burned alive by Zahira Sheikh. However, she recanted when threatened, which resulted in acquittals.
- Jessica Lal Murder (1999): Presumably under pressure from influential people, witnesses withdrew their accounts.
These aren’t just stories. They’re reminders that without protection, truth remains buried.
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What the Law Now Says: Supreme Court’s Big Step in 2018
In a landmark move in Mahender Chawla & Ors. v. Union of India, the Supreme Court ruled:
“Free and fearless testimony is a fundamental right under Article 21.” The Court directed all the states and union territories to put the Witness Protection Scheme, 2018, into operation and gave it the force of law under Article 141. This means it is legally binding until Parliament enacts a formal statute.
Inside the Witness Protection Scheme: What It Really Offers?
1. A Dedicated Fund for Protection
State budgets, donations, and grants contribute to a fund that pays for protective measures. For someone like me, this made a real difference when security was urgently needed.
2. Local Authorities Who Assess the Threat
The District & Sessions Judge, the Superintendent of Police, and the Head of Prosecution lead each district’s Witness Protection Authority. This is the body that reviewed my application.
3. Risk-Based Categories
- Category A: Threat to life of the witness or their family.
- Category B: Threat to safety, reputation, or property.
- Category C: Moderate threats without direct harm.
4. Real Protection Measures You Can Count On
These are not just promises. In my case, I received:
- Police protection outside my home
- Testimony via video conferencing
- Complete confidentiality
Other available options include relocation, identity change, in-camera trials, and shielded courtrooms.
5. Confidentiality is Key
Leaking information about a protected witness is punishable. This provision gave me the confidence to move forward with my testimony.
How to Apply for Witness Protection?
Here’s the exact process to follow:
- A lawyer can help file an application with the District Witness Protection Committee.
- The police can conduct a threat analysis and submitted a detailed report.
- The committee can review the case and granted protection within five working days.
- The order will be reviewed regularly to ensure continued safety.
This process is structured, and timely action can make all the difference.
What Indian Courts Have Said and Why It Matters?
- Anirudh Singh (1997): Every citizen must testify truthfully, but fear makes it difficult.
- Zahira Sheikh Case (2004): The Court had to shift the retrial to ensure justice.
- Neelam Katara v. Union of India (2003): The Delhi High Court stressed that influential people must not be allowed to silence justice.
These judgments gave many witnesses the strength to come forward.
Why It’s Still So Hard: Challenges Faced
Even with the scheme in place, here’s what to experience:
- Lack of Awareness: Most people, including many lawyers, don’t know this exists.
- No Funds: The scheme was active, but the state hadn’t allocated any money.
- Delays: Bureaucracy slowed down the response, and when you’re under threat, every hour matters.
- Poor Infrastructure: Many courts didn’t have secure or private areas for testimony.
These gaps must be addressed if the scheme is to protect witnesses effectively.
Why We Still Need a National Law, Not Just a Policy
The current scheme is progressive, but not enough. Here’s what a full-fledged law should include:
- A permanent National Witness Protection Authority
- Criminal penalties for threats or information leaks
- Legal provisions for witness relocation and identity change
- Rehabilitation and financial support for affected witnesses
Without a central law, implementation will continue to vary from state to state.
How Other Countries Handle Witness Protection?
| Country | Managing Authority | Key Features |
| United States | U.S. Marshals Service | New identities, relocation, financial help |
| United Kingdom | Police Authorities | Anonymity, relocation, and secure trials |
| India (2018) | District Protection Authorities | Threat-based protection, limited funding |
India has made progress, but we still need legal enforceability and nationwide consistency.
Final Thoughts: Speak the Truth, Stay Safe
The Witness Protection Scheme gave people like me a voice. It showed that standing up for justice is possible, but it’s not yet easy. Full implementation, more awareness, and a national law will make sure no one stays silent out of fear. Protection of witnesses is not a privilege but a necessity for justice.
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FAQs
1. What is the purpose of the Witness Protection Scheme in India?
Threats and intimidation looming over the witnesses are being controlled so that the witnesses may testify freely and truthfully in the court without the fear.
2. Who is eligible for protection under the Witness Protection Scheme, 2018?
Any witnesses who face a threat either to their life or safety or reputation or property due to their testimony in a criminal case may apply or request for protection.
3. Can a witness apply for protection directly, or does it need to be routed through the police?
A witness can apply directly to the District Witness Protection Committee, or the application can be initiated by the police or the court.
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