LexThe witness protection Act
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act¢T"ncsi`is all+iEii<.Ji Trff, o6 q€, 2o2o €o @¥1la 16, ig42 ¥ffi Hfflj 9
No.144/XXXVI(3)/2020/13(1)A2020
Dated Dehradun , May 06, 2020
reTiFicATiQN_
_Miscellaneous
ln pursuance of the provisions of Clause (3) of Article 348 of the
C`onstitution of India, the Governor ls pleased to order the publication of the
following English translation of `The Uttarakhand Witness Protection Act,
2020' (Act No.15 of 2020).
As passed by the Uttarakhand Legislative Assembly and assented to
by the Governor on 27 April, 2020.
`The Uttarakhand Witness Protection Act, 2020
(Uttarakhand Act No. 15 Of 2020)
AN
ACT
To provide protection to the Witnesses in the State of uttarakhand.
Be it enacted by the Uttarakhand State Legislative Assembly in the Seventy-
first year of the Republic of India as follows:-
Sllort title, I.
Extent and
commencemezit
Part I
Preliminary
(I) This Act may be called the "Uttarakhand Witness
Protection Act, 2020."
(2)ItshallextendtothewholeoitheStateofuttarakhand.
(3 ) It shall come into force at once,
Derinitions 2. (1) In this Act, unless the subject or context otherwise
requires--
(a) "Competent Authority" means committee constituted in
the Chainanship of District Judge and Senior
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Superintendent of PolicofsL[perintendent of Police,
Additional District Magistrate and Prosecution officer in
charge of District (Joint Director, Prosecdion/ Senior
prosecution officer) Shall be its members.
Additional District Magistrate shall be nominated by
the District Magistrate as the member of committee.
Q])``Code"meanstheCodeLofChminalI]rocedue,1973;
(c) "Family Member" means Grandpaents, parents/
guardian, siblings, spouse, children and grand children of
the witness;
(d) ``Form" means the form annexed with this Act;
(e) "Govemm€nt" means the `govelrment of State of
Uttarakhand.,
® ``In camera proceeding" means proceedings wherein the
Compctent Authorityraout allows only those persons
who are necessary to be present while heain'g and
deciding the witness protection application or disposing
in the court;
(g) ``Live I.ink" means a live television link or other Such
arraligement in electrquic form whereby the witness
may give evidence in questioned suit while absent from
the Court room;
01) "Offence" means those offences which ae punishable
with death or life impdsonment or an inprisonment of
seven years or more and also oifences punishabl: under
Section 354, 354A, 3548, 354C, 354D and 509 of
Indian Penal Code.
(i) "Protection measures" means the measures taken by
C.ompctent Authority/court so that the withe8ses may
give evidence in suit without fear of their nfe and
reputationoroftheirfamilymembers;
0) ``State Witness protection Fund" means the fund created
under section 3 for bearing the expenses incurred during
the implementation of witness protection order passed
bytheCompetentAuthorityunderthisActi
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q[) "Threat Analysis Report" means such detailed report
which is prepared by the Sub Divisional Magistrate,
Additional Saperintendent of Police/Circle officer and
Zonal officer/Specich Branch investigating the
seriousness and credibility Of the threat given to the
witness or his family members which shall contain
specific details about threat to the witless or members
of his flchly or risk of their life, property or resources.
It shall chso specify the th]neat perception apart from
snggesting the specific witness protection steps which
deserve to be taken in the matter;
(I)6`Witness"meanssuchpersonwhohasmedeastatement
or who has given or agreed to give evidence in relation
to any offence as may be pescribed or who|possessed
informationordocunentaboutanyoffenceregardedby
the Competent Authorfty as being material to any
criminalproceedingorisrequiredtobegivenprotection
or other assistance under this Act;
(in)"Witnesspl.otectionapplication"meansanapplication
moved by the witness before Compctent Authority in
prescribedfcrmforseckingwitnes§protectionorder.It
may be moved by the wimess or by members of his
family or his duly engag6d counsel or SHO/S0 in-
charge or Superintendent of Police, prison concerned
and sane shall preferchly be forwnded through the
Prosecution Officer concerned;
(n)`.Witnes8protectionorder"meansanorderissuedfrom
thelevelofCompetentAuthorityonthebasisofthreats
analysisreport.ofthewitnessorhisfamilymembers;
(o) "Witness protection cell" means cell constituted at
districtlevelregardingwitnessprotectionwhosedutyis
toimplementthewitnessprotectionorderabsolutely.At
district level, this cell Shall be headed by Senior
SuperintendentofPolice/Superintendentofpolice,
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Part 11
Procedure to be followed regarding witness protection
State witness
protection Fund
3. (a) There shall be a fund at state level for the expenses incurred
during the implementation of witless protection order
passed by the Competent Authority or any other related
expenditure for witness protection,
a3) The witness protection fund shall comprise the following-
(i) budgetary allocation made in the Annual Budget by the
State Goverrment;
(ii)receipt of amount of fines imposed under section 357 of
the Code of Criminal Procedure, 1973 ordered to be
deposited by the Courv Tribunals in the witness
protection fund;
(iii)donations/contributions from International/National/
Charitable institutions/Organizations and individuals, .
permitted by the State Government;
(iv) funds contributed under corporate social responsibility,
(c) The said fund shall be operated by the Home Department
under State Government. mstrict Magistrate or officer
nominated by him shall have the rigiv of distribution and
disbursing the amount distributed to the disticts from State
level.
Submittingthe 4.
application
before
Competent
authorrty
Procedure for S.
processing the
application
regarding
providing
witness
protection
The witless protection application regarding protection of
the witness shall be submitted before the Competent
Authority along with the desired document, in two copies,
either directly or throuch the Trial Court or through
Superintendent of pri son.
( 1 ) As and when an application is received by the Competent
Authority in the prescribed form, it shall forthwith pass
an order for calling the threat analysis report from the
SeniorSup?riutendentofPolice/SuperintendentofPolice
of the concerned district, investigating the case.
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(2) Depending upon the urgency in the matter owing to
imminent threat, the Senior Superintendent of Police/
Superintendent of Police of district may pass the intedm
order for the protection of witness and his finily
member during the pendency of the application, but the
final order shall be passed only by the Compctent
Authority.
(3) The threat analysis raput shall be prepared by the Senior
Superintendent of Police or Supedmendent of Police of
district concerned investigating the case and shall make
available the threat analysis report to the Competent`Authority while maintaining full confidendality within
five working days Of receipt of the order issued by the
Compctent Authority.
(4) The Competent Authority may issue the witness
protection order by determining the category of withess
on the basis of threat analysis report.
(5) All the hearings on witness protection application Shall be
held in-camera by the Compctent Authority while
maintaining full confidentiality.
(6) Senior Superintendent of Police/ Superintendent of police
of concerned districts shall be authorized to provide
witness protection by self evaluation of the life danger to
witness even without the application. Ex-Post facto
sanction of such order regarding witness protection from
the Competent Authority must be taken.
(7) The witless protection order passed dy the Competent
Authority shall bc , implemented dy the Witness
Protection Cell of the district. Overall responsibility of
implementation of witness protection order shall lie on
S SP/SP of the concealed district.
Provided that if the witness protection order is
passed by the Compctent Authority for change of identity
or relocation, the required. measures shall be taken by
SSP/SP of district concemc;d regarding its enforcement.
14 tlTi<itsluG erenuTquT True, 06 F€, 2020 €0 (ai!TRI 16, 1942 ¥TtF iTFqiT`)
Types of
protection
measures
(8) Upon passing of a witness protection order, the Witness
Proteedon Cell shall produce a monthly follow up report
before the Competent Authority in prescribed formet.
(9) The Competent Authority shall review the witness
protection order quarterly. If any application is moved in
this regard by the witness or police, in such case a fresh
threat analysis report may be called for from the SSP/SP.
Thereafter, further order sha]] be passed by the
Competent Authority on the basis of Threat Analysis
Repeft.
The witness protection measure ordered shall be
proportionate to the threat and shall be for a specific duration
not exceeding three months at a time. It may include
following measures:-
(a) Ensuring that witness and accused do not come face to
face during investigation or trial;
(b) Monitoring of mails and telephone calls;
(c) Arrangement with the telebhone company to change the
witness's telephone number or provide him or .her an
unlisted telephone number.
(d) Installation of sechrity devices in the witness's home such
as security doors, CCTV, alarms, fencing, etc;
(e) Concealment of identity of the witness by refndng to
him/her with the changed name or alphabet;
(D Emergency contact person for the witness;/
(g) Close protection and regular patrolling around the
withess's house;
th) Temporary change of residence to a relative's house or a
nearby town;
(i) Escort to and from the court and provision of Government
vehicle or a State fundcd conveyance for the date of
hearing;
¢) Holding of in~camera trials;
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Monitoringand 7.
review
Protection of 8.
identity
a£) Allowing a support person to remain present during
recording of statement and deposition;
(1) Usage of specially designed vulnerable witness court
rooms which have special arrangements like live video
links, one way mirrors and screens apart from separate
passages for witness and accused with option to lnodify
the image of face of the witness and to modify the audio
feed of the withess' voice, so that he/she is not
identif]able;
(in) ensuring expeditious recording of the statement of
witness during trial on day to day basis withclut
adjournments;
(n) Awarding time to time periodical financial aids/grants to
the witness from State Withess Protection Fund for the
purpose of re-location, sustenance or starting a new
vocation/profession, if necessary;
(o) Any other form of protection measures, which may
consider necessary.
Once the protection cnder is passed, the Competent Authority
shall .monitor its inplementedon and shall review the same on
the basis of follow-up report. However the Competent
Authority shall review the witness protection order on
quarterly basis based on the monthly follow-up reports
submitted `by the Witness Protection Cell.
Part Ill
Protection of identity of witness
(I) Durihg the course of investigation or trial of any serious
offence, an application for seeking identity protection
may be filed before the Competent Authority. Upon
receipt of the application, the Competent Authority shall
examine the threat analysis report and also enquire about
the witness or his family member or any other person
whom it deems fit to ascertain whether there is any
necessity or not to pass an identity protection order.
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Witness to.be 9.
apprised of tlie
provision of the
Act
Confidentiality 10.
and
preservation of
records
Recovery of 11.
expons¢s
Review 12.
(2) During the course of hearing of the application, the
identity of the witness shall not be revealed to any other
person. Media shall also not have right for its publication.
Thereafter the competent authority may diapose ot`f the
application as per material avndable on the record.
(3) On passing the order for concealment of identity of
witness dy the Competent Authority, said order shalt be
implemented by the Witness -Protection Cell by
coordinating with all concerned agencies.
Part IV
rmscellancous
lt shall be mandatory for Investigathg Officer/Cout to
infonn each and every witness about the existence of this Act
and its salient features.
(1) The Competent Authority/Deparfuent/Officer Of Witness
Protection Cell/ SSP/S.H.O./lawyers from both sides and
other concerned employees shall maintain full confideirfulity
in this regard and shall ensure that under no circumstance, any
record, dcoument or information qua the proceedings under
this scheme shall be shared in any manner except the whtten
order of Trial Court/ Appellate Court.
(2) All the records pertaining to prceeedings under this
scheme shall be preserved till such time the related trial or
Appeal thereof is pending before a cout of law. After three
years of disposal of the last cout proceedings, the hard copy
of the record may be weeded out by the Cbmpetent Authority
after preserving the scanned soft copies of the same.
If the witness has lodged a false complaint, the Competent
Authority may issue the order for recovery of expenses
incuned from the state witness protection fund and may
initiate any other legal proceedings.
In case the witness or the police officer is aggrieved by the
decisions of the Competent Athority, a review application
may be filed within fifteen days of passing of the orders by
the Competent rfuthority.
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Decision not to ]3.
be actionable
Appiicabirty of 14.
certain
provisions of
Right to
Information
Act
The decisions of Competent Authority shall not be action.able
in Civil Courts.
The provision of clause ts) and clause (h) of sub section (1) of
Section 8 of the fight to Information Act, 2005 shall be
applicable on all proceedings related to the identity of
witless, witness protection order and review order.
Power to make 15. (1) The state Government may, by notification, make rules to
rules
Power to
remove
difriculties
cany out the provisions of this Act.
(2) Every rule made under this section shall, as soon as may
be after it is made, be laid before the state legislature,
16. If any difficulty arises in giving effect to the provision of this
Act, the State Government may, by a notification or order,
make ,such provision, not inconsistent with the provisions of
this Act, as appear to it to be necessary or expedient, for
removing the difflculty:
Provided that no order shall be made after the
expiration of a period of two years from the commencement
of this Act.
By Order,
PPIEM SINGH KHIMAL,
Secretary