From conferring new identities that includes new name, profession, parentage to relocation to a safer place within the State and Union Territories, the Bureau of Police Research and Development (BPR&D) and National legal Services Authority (NlSA) have come up with a draft Witness Protection Scheme 2018 and sought suggestions from all the stake holders to incorporate their views to make it a water tight programme.
like the US and European countries wherein witnesses are protected by State and are given a total different identity, programme will also ensure to give all support to the witness so that no more witnesses are killed in India and fair probe is ensured.
The draft of scheme was completed on May 16 after Supreme Court lashed out at Centre for not protecting witnesses in criminal cases. As per the draft, the conviction rate in murder and rape is around 10-12 per cent only as witness turn hostile. This fact has led to come up with the witness protection programme.
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 provision to change the identity and relocate the witness. “In appropriate cases, where there is a request from the witness for change of identity and based on the threat perception by the commissioner of police in commissionerates and SSP in district police investigating the case, a decision can be taken for conferring a new identity to the witness,” the draft stated.
Conferring new identities includes new name, profession, parentage and providing supporting documents acceptable by the government agencies. Also the new identities would not deprive the witness from existing educational, professional, property rights.
In appropriate cases, where there is a request from the witness for relocation and based on the threat perception, a decision can be taken for relocation of the witness by the Competent Authority in view the safety, welfare and wellbeing 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. There would be arrangement with the telephone company to change the witness's telephone number or assign him or her an unlisted telephone number and also security devices would be in the witness's home such as security doors, CCTV, alarms and fencing.
The scheme would also provide concealment of the identity of the witness by referring to him or her with the changed name or alphabet, close protection, regular patrolling around the witness's house and also temporary change of residence to a relative's house or a nearby town.
Further, there would also be proper monitoring and review of the witness protected by the secretary and chairperson of District legal Service Authority.
The scheme puts the witness in three categories as per threat analysis. Under category A, those witness comes where the threat extends to life of his or her and the family members and their normal way of living is affected .
In category B, those witness falls where threat extends to safety, reputation or property of the witness or his family members only during the investigation process or trial and in category B, those witness falls where the threat is moderate and extends to harassment or intimidation.