Witnesses to be paid extra for overstaying

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After increasing four-time fee to Delhi Government counsel in the High Court, the AAP Government  has  now decided  to pay Rs 50 as food expenses to any prosecution witness who overstay till lunch or called to appear in the court only in the post lunch session in the National Capital.

If a witness overstays for post lunch session provided s/he had been called to appear in the court in the pre-lunch session, then  person will be entitled for a diet allowance of Rs 100.

The Government has divided witnesses into A, B and C category.  Besides food allowance,  the witnesses of category A would be paid Rs 285,  an amount fixed  under the minimum wages  payable to  a skilled worker  as had been notified  by the  Government  in February 2011.  But the category C witnesses will be paid an allowance of Rs 500.

The Outstation witnesses of  category A will be paid for A/C three tier fare from the place of their  residence to Delhi in addition  to the subsequent  auto-rickshaw charges notified by the  Government  from the  nearest  railway station  to the  concerned  court complex. But if  the  witness  travels by road,  he would be paid for the state transport AC  bus.

 The category B  witnesses  would be paid actual travel expenses  from the place  of their office  as per their entitlement  under  the rules  governing  their nature of service.  But such  persons would be required to produce a certificate  from  his or her  competent authority on the nature of the traveling allowance they are  entitled to. The witnesses of category C  will, however, be entitled to A/C two-tier  fare  in addition to  the  subsequent taxi charges  from the nearest railway station in Delhi  to the concerned court complex.

While A category witnesses will  be paid Rs 750 per day for ttheir overnight stay,  those in   B category of gazetted officer rank will get Rs 1,500. Other Government servants will be paid Rs 750  only. But Category C witnesses will  be paid Rs 1,500.  The Government also made it clear that  the witnesses, who appear in the court after  their retirement in connection  with the work undertaken  by them while  they were in Government, may be paid  expenses  in the same manner  as if they  were  still in the  Government service.

The Bill “The Delhi Criminal Courts (Payments of  Expenses  to Complainant  and Witnesses) Rules, 2015,”  the Government has put  the public witnesses  of any class in category A ,  Government servants in B  and experts of forensic science, doctors, engineers, architects, lawyers  who are not in the  service of Government  in the C category.

These rules have been framed  by the Delhi Government in exercise of the powers conferred  under the Code of Criminal Procedure to regulate the payment of expenses paid to complainant  and witnesses appearing,  for purpose  of any enquiry, trial or  other proceedings before  a criminal court in  the Metropolitan area of Delhi.

In a notification, Additional law  Secretary  Vikrant Vaid said it should be the duty of the court  that no complainant  or witness  was put to trouble  or inconvenience   over the payment of  expenses which they are entitled to under the specified rules. “The court shall ensure  that payment  vouchers  are handed over  to the witness  in the court  itself  soon after their testimony  is recorded, without any undue delay.”  

Daily Pioneer
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