Lok Sabha Question No. 427 (STARRED), answered on 2019-07-23
Subject: Protection to Witness
Ministry: HOME AFFAIRS
Asked by: Bharti Pravin Pawar

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO. *427

TO BE ANSWERED ON THE 23 RD  JULY, 2019/ SHRAVANA 1, 1941 (SAKA )

PROTECTION TO WITNESS

†*427. DR. BHARATI PRAVIN PAWAR:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  number  of  complaints  related  to  harassment  and  threatening  of witnesses and forcing them to turn hostile received in the country;

(b)  whether  the  Government  does  not  provide  security  to  the  witnesses due  to  which  several  witnesses  have  been  killed  and  if  so,  the  details thereof;

(c)  whether  the  witnesses  are  unable  to  give  true  statement  under  an atmosphere  of  fear  as  they  are  not  given  security  and  the  criminals  go unpunished; and

(d) if so, the reaction of the Government thereto along with the corrective steps taken by the Government in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a) to (d):      A statement is laid on the Table of the House.

## STATEMENT IN REPLY TO THE LOK SABHA STARRED QUESTION NO. *427 FOR 23.07.2019

(a) The National Crime Records Bureau (NCRB) does not maintain data on number of complaints with respect to harassment/ threatening of witnesses in the country.

(b) to (d) : Various statutes provide for security of witnesses. Section 195 A  of  IPC  makes  intimidation  of  witnesses  a  criminal  offence  punishable with imprisonment upto 7 years. Similarly, the Juvenile Justice (Care and Protection  of  Children)  Act,  2015,  the  Whistle  Blowers  Protection  Act, 2011,  the  Protection  of  Children  from  Sexual  Offences  Act,  2012,  the National  Investigation  Agency  Act,  2008  and  the  Scheduled  Castes  and Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989  also  provide  for safeguarding witnesses against the threats.

'Police'  and  'Public  Order'  are  State  subjects  under  the  Seventh Schedule to the Constitution of India and State Governments are responsible  for  prevention,  detection,  registration  and  investigation  of crime as well as for providing security to witnesses.  As witnesses are an important pillar of Criminal Justice System, Government attaches highest priority  to  the  protection  of  witnesses  and  their  family  members  so  that they  come  forward to assist law enforcement and judicial authorities. The

## L.S.S.Q.NO. 427 FOR 23.07.2019

Ministry of Home Affairs, in consultation with the National Legal Service Authority, Bureau of Police Research & Development and State Governments, has prepared 'The Witness Protection Scheme, 2018'. This scheme  provides for protection of witnesses based on the threat assessment.  Hon'ble  Supreme  Court  of  India  in  its  judgment  dated 05.12.2018  in  Writ  Petition  (Criminal)  No.  156  of  2016  has  endorsed  the Scheme. This scheme has been circulated to the States/Union Territories on 14.01.2019 for implementation and compliance. As per Article 141/142 of the Constitution, the Witness Protection Scheme, 2018 endorsed in the said  judgment  of  the  Supreme  Court  is  binding  on  all  Courts  within  the territory of India and enforceable in all States and Union Territories.

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