THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
7 AASHADH, 1944 (S)
RANCHI, TUESDAY, 28th JUNE, 2022
HOME, PRISON AND DISASTER MANAGEMENT DEPARTMENT
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NOTIFICATION
30th August, 2019
No.-06/Vividh-04/2019-4679-His Excellency the Governor of Jharkhand makes
following Scheme for safety and protection of the witnesses-
Aims and objective- The objective of this scheme is to ensure that the
investigation, prosecution and trial of criminal offences is not prejudiced because
witnesses are intimidated or frightened to give evidence without protection from
violent or other criminal recrimination. Witnesses need to be given the confidence to
come forward to assist law enforcement and judicial authorities with full assurance
of safety. It is aimed to identify series of measures that may be adopted to
safeguard witnesses and their family members from intimidation and threats against
their lives, reputation and property.
No. 294
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
Need and justification for the scheme- The Hon'ble Supreme Court has laid
great emphasis on the importance of witness protection. The section 195A IPC
makes criminal intimidation of witnesses a criminal offence punishable with seven
years of imprisonment. Likewise, statutes namely Juvenile Justice (Care and
Protection of Children) Act, 2015, Whistle Blowers Protection Act, 2011, Protection of
Children from Sexual Offences Act (POCSO Act), 2012, National Investigation
Agency Act, 2008 and Schedule Castes and Tribes (Prevention of Atrocities) Act,
1989 also provide for safeguarding witnesses against the threats. However no formal
structured programme has been introduced as on date for addressing the issue of
witness protection in a holistic manner.
In recent years extremism, terrorism and organized crimes have grown and
are becoming stronger and more diverse. In the investigation and prosecution of
such crimes, it is essential that witnesses have trust in the criminal justice system.
Hence it is necessary to frame a scheme for addressing the issues of witness
protection in the state.
Scope of the Scheme: Witness Protection may be as simple as providing a
police escort to the witness up to the Courtroom or using modern communication
technology (such as audio video means) for recording of testimony. In other more
complex cases, involving organized criminal group, extraordinary measures are
required to ensure the witness's safety viz anonymity, offering temporary residence
in a safe house, giving a new identity and relocation of the witness at an
undisclosed place. However, witness protection needs of a witness may have to be
viewed on case to case basis depending upon their vulnerability and threat
perception.
1. SHORT TITLE AND COMMENCEMENT:
a) This Scheme shall be called “Jharkhand State Witness Protection Scheme,
2019”
b) It shall come into force from the date of notification in the official gazette.
c) It shall extend to the whole of Jharkhand state.
Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022, 3
Part I
2. DEFINITIONS:
(i) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(ii)“Concealment of Identity of Witness” means and includes any condition prohibiting
publication or revealing, in any manner, directly or indirectly, of the name, address
and other particulars which may lead to the identification of the witness during
investigation, trial and post-trial stage;
(iii)“Competent Authority” means a Standing Committee in each District chaired by
the Principal District and Sessions Judge with Deputy Commissioner in the Distritct
as Member and Superintendent of Police in the District as its Member Secretary.
(iv)“Family Member” includes parents/guardian, spouse, live-in partner, siblings,
children, grandchildren of the witness;
(v) "Form" means “Witness Protection Application Form” appended to this Scheme
as Appendix-1;
(vi)“In
Camera
Proceedings”
means
proceedings
wherein
the
Competent
Authority/Court allows only those persons who are necessary to be present while
hearing and deciding the witness protection application or deposing in the court;
(vii)“Live Link” means and include a live video link or other such arrangement
whereby a witness, while not being physically present in the courtroom for deposing
in the matter or interacting with the Competent Authority;
viii) “Witness Protection Measures” means measures spelt out in Clause 7, Part-III,
Part-IV and Part V of the Scheme.
(ix) "Offence" means those offences which are punishable with death or life
imprisonment or an imprisonment up to seven years and above and also offences
punishable under Section 354, 354A, 354B, 354C, 354D and 509 of IPC.
(x) "Threat Analysis Report" means a detailed report prepared and submitted by
the Superintendent of Police in the District investigating the case with regard to the
seriousness and credibility of the threat perception to the witness or his family
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
members. It shall contain specific details about the nature of threats faced by the
witness or his family to their life, reputation or property apart from analyzing the
extent, the person or persons making the threat, have the intent, motive and
resources to implement the threats.
It shall also categorize the threat perception apart from suggesting the specific
witness protection measures which deserves to be taken in the matter;
(xi)“Witness” means any person, who possess information or document about any
offence;
(xii)“Witness Protection Application” means an application moved by the witness in
the prescribed form before a Competent Authority through its Member Secretary for
seeking Witness Protection Order. It can be moved by the witness, his family
member, his duly engaged counsel or IO/SHO/SDPO/Jail Superintendent concerned;
(xiii)“Witness Protection Fund” means the fund created for bearing the expenses
incurred during the implementation of Witness Protection Order passed by the
Competent Authority under this scheme;
(xiv)“Witness Protection Order” means an order passed by the Competent Authority
detailing the witness protection measures to be taken.
(xv) “Witness Protection Cell” means a dedicated Cell of Jharkhand State Police
Agencies assigned the duty to implement the witness protection order.
Part II
3. CATEGORIES OF WITNESS AS PER THREAT PERCEPTION:
Category ‘A’: Where the threat extends to life of witness or his family members,
during investigation/trial or thereafter.
Category ‘B’: Where the threat extends to safety, reputation or property of the
witness or his family members, during the investigation/trial or thereafter.
Category ‘C’: Where the threat is moderate and extends to harassment or
intimidation of the witness or his family member's, reputation or property, during the
investigation/trial or thereafter.
Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022, 5
4. STATE WITNESS PROTECTION FUND:
(a) There shall be a Fund, namely, the Witness Protection Fund from which the
expenses incurred during the implementation of Witness Protection Order passed by
the Competent Authority and other related expenditure, shall be met.
(b) The Witness Protection Fund shall comprise the following:
(i) Budgetary allocation made in the Annual Budget by the State Government;
(ii) Receipt of amount of costs imposed/ordered to be deposited by
the
courts/tribunals in the Witness Protection Fund;
(iii) Donations/contributions from Philanthropist/Charitable Institutions/Organizations
and individuals permitted by Central/State Governments.
(iv) Funds contributed under Corporate Social Responsibility.
(c) The said Fund shall be operated by the Department of Home, Jail & Disaster
Management, Jharkhand.
5. FILING OF APPLICATION BEFORE COMPETENT AUTHORITY:
The application for seeking protection order under this scheme can be filed in the
prescribed form before the Competent Authority of the concerned District where the
offence is committed, through its Member Secretary along with supporting
documents, if any.
6. PROCEDURE FOR PROCESSING THE APPLICATION:
(a) As and when an application is received by the Member Secretary of the
Competent Authority, in the prescribed form, he shall forthwith pass an order for
calling for the Threat Analysis Report from the SP/Dy.SP in charge of the concerned
Police Sub-Division.
(b) Depending upon the urgency in the matter owing to imminent threat, the
Competent Authority can pass orders for interim protection of the witness or his
family members during the pendency of the application.
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
Provided that nothing shall preclude police from providing immediate protection
in case of grave and imminent threat to the life of applicant and his family
members.
(c) The Threat Analysis Report shall be prepared expeditiously while maintaining full
confidentiality and it shall reach the Competent Authority within five working days of
receipt of the order.
(d) The Threat Analysis Report shall categorize the threat perception and also
include suggestive protection measures for providing adequate protection to the
witness or his family.
(e) While processing the application for witness protection, the Competent Authority
shall also interact preferably in person and if not possible through electronic means
with the witness and/or his family members/employers or any other person deemed
fit so as to ascertain the protection needs of the witness.
(f) All the hearings on Witness Protection Application shall be held in-camera by the
Competent Authority while maintaining full confidentiality.
(g) An application shall be disposed of within five working days of receipt of Threat
Analysis Report from the Police Authorities.
(h) The Witness Protection Order passed by the Competent Authority shall be
implemented by the Witness Protection Cell of the State or the Trial Court, as the
case may be. Overall responsibility of implementation of all witness protection orders
passed by the Competent Authority shall lie on the Director General of Police,
Jharkhand.
However the Witness Protection Order passed by the Competent Authority for
change of identity and/or relocation shall be implemented by the Department of
Home, Prison and Disaster Management, Jharkhand.
(i) Upon passing of a Witness Protection Order, the Witness Protection Cell shall file
a monthly follow-up report before the Competent Authority.
(j) In case, the Competent Authority finds that there is a need to revise the Witness
Protection Order or an application is moved in this regard, and upon completion of
Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022, 7
trial, a fresh Threat Analysis Report shall be called from the SP/DSP in charge of
the concerned Police Sub- Division.
7. TYPES OF PROTECTION MEASURES:
The witness protection measures ordered shall be proportionate to the threat and
shall be for a specific duration not exceeding three months at a time. They may
include:
(a) Ensuring that witness and accused do not come face to face during
investigation or trial;
(b) Monitoring of mail and telephone calls;
(c) Arrangement with the telephone company to change the witness’s
telephone number or assign him or her an unlisted telephone number;
(d) Installation of security devices in the witness’s home such as security
doors, CCTV, alarms, fencing etc;
(e) Concealment of identity of the witness by referring to him/her with the
changed name or alphabet;
(f)
Emergency contact persons for the witness;
g)
Close protection, regular patrolling around the witness’s house;
(h) 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 funded conveyance for the date of hearing;
(j)
Holding of in-camera trials;
(k) Allowing a support person to remain present during recording of statement
and deposition;
(l)
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 witnesses and accused, with option to
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
modify the image of face of the witness and to modify the audio feed of
the witness’ voice, so that he/she is not identifiable;
(m) Ensuring expeditious recording of deposition during trial on a day to day
basis without adjournments;
(n) Awarding time to time periodical financial aids/grants to the witness from
Witness Protection Fund for the purpose of re-location, sustenance or
starting a new vocation/profession, as may be considered necessary;
(o) Any other form of protection measures considered necessary.
8. MONITORING AND REVIEW:
Once the protection order is passed, the Competent Authority would monitor
its implementation and can review the same in terms of follow-up reports received in
the matter. However, the Competent Authority shall review the Witness Protection
Order on a quarterly basis based on the monthly follow-up report submitted by the
Witness Protection Cell.
Part III
9. PROTECTION OF IDENTITY:
(a)During the course of investigation or trial of any offence, an application for
seeking identity protection can be filed in the prescribed form before the Competent
Authority through its Member Secretary.
(b)Upon receipt of the application, the Member Secretary of the Competent
Authority shall call for the Threat Analysis Report. The Competent Authority shall
examine the witness or his family members or any other person it deem fit to
ascertain whether there is necessity to pass an identity protection order.
(c)During the course of hearing of the application, the identity of the witness
shall not be revealed to any other person, which is likely to lead to the witness
identification. The Competent Authority shall thereafter, dispose of the application as
per material available on record.
Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022, 9
(d)Once, an order for protection of identity of witness is passed by the
Competent Authority, it shall be the responsibility of Witness Protection Cell to
ensure that identity of such witness/his or her family members including
name/parentage/occupation/address/digital footprints are fully protected.
(e)As long as identity of any witness is protected under an order of the
Competent Authority, the Witness Protection Cell shall provide details of persons
who can be contacted by the witness in case of emergency.
Part IV
10. CHANGE OF IDENTITY:-
(a)In appropriate cases, where there is a request from the witness for change
of identity and based on the Threat Analysis Report, a decision can be taken for
conferring a new identity to the witness by the Competent Authority.
(b)Conferring new identities includes new name/profession/parentage and
providing supporting documents acceptable by the Government Agencies. The new
identities
should
not
deprive
the
witness
from
existing
educational/
professional/property rights.
Part V
11. RELOCATION OF WITNESS:
(a)In appropriate cases, where there is a request from the witness for
relocation and based on the Threat Analysis Report, a decision can be taken for
relocation of the witness by the Competent Authority.
(b)The Competent Authority may pass an order for witness relocation to a
safer place within the State/UT or territory of the Indian Union keeping in view the
safety, welfare and wellbeing of the witness. The expenses shall be borne by the
Witness Protection Fund.
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
Part VI
12. WITNESSES TO BE APPRISED OF THE SCHEME:
The Department of Home, Prison and Disaster Management, Jharkhand shall give
wide publicity to this Scheme. The IO and the Court shall inform witnesses about
the existence of "Witness Protection Scheme" and its salient features.
13. CONFIDENTIALITY AND PRESERVATION OF RECORDS:
(a) All stakeholders including the Police, the Prosecution Department, Court
Staff, Lawyers from both sides shall maintain full confidentiality and shall ensure that
under no circumstance, any record, document or information in relation to the
proceedings under this scheme shall be shared with any person in any manner
except with the Trial Court/Appellate Court and that too, on a written order.
(b)All the records pertaining to proceedings under this scheme shall be
preserved till such time the related trial or appeal thereof is pending before a Court
of Law. After one year of disposal of the last Court proceedings, the hard copy of
the records can be weeded out by the Competent Authority after preserving the
scanned soft copies of the same.
14. RECOVERY OF EXPENSES:
In case the witness has lodged a false complaint Department of Home,Prison &
Disaster Management, Jharkhand shall initiate proceedings for recovery of the
expenditure incurred from the Witness Protection Fund.
15. REVIEW:
In case the witness or the police authorities are aggrieved by the decisions of the
Competent Authority, a review application may be filed within 15 days of passing of
the orders by the Competent Authority.
By order of the Governor of Jharkhand.
(Satish Kumar)
Joint Secretary to the Government.
Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022, 11
Appendix-1
Witness Protection Application Form
(Under)
Jharkhand State Witness Protection Scheme,2019
(To be filled duplicate)
To,
The Competent Authority,
District-…………………
Application for (please tick the appropriate-
1 Witness Protection
2 Witness Identity Protection
3 New Identity
4 Witness Relocation
1 Particulars of the Witness (Fill in Capital) :
1) Name- ................................................
2) Age- ...................................................
3) Gender (Male/Female/Other)- ......................
4) Father's/Mother's name- ....................................
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
5) Residential address-
...........................................................................................................................................
...........................................................................................................................................
...........................................
6) Name and other details of family members of the witness who are receiving or
perceiving threats :-
7) Contact details (Mobile No./e-mail)
2 Particulars of Criminal matter :
1) FIR No.- ...........................................................
2) Under Section- ................................................
3) Police Station- ...................................................
4) District- ..............................................................
5) S.D. No. (in case FIR not yet registered)-.................................................
6) Cr. Case No. (in case of private complaint)- ..............................................
3 Particulars of the accused (in available/know)
1) Name- .....................................
2) Address- ..................................................
3) Phone/Mobile No.- ..................................................
4) Email ID.- ...............................................................
4 Name & other particulars of the
person giving/suspected of giving threats.- ………………………………………………….
Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022, 13
…………………………………………………………………………………………………....................................
5 Nature of threat. Please give brief details
of threat received in the matter with specific
date, place, mode and words used.- ……………………………………………………………
………………………………………………………………………………………………….
………………………………………………………………………………………………….
6 Type of witness protection
measures prayed by/for the witness.- ……………………………………………………….....
………………………………………………………………………………………………….
7 Detail of Interim/Urgent
Witness Protection needs, if required.- ………………………………………………………..
………………………………………………………………………………………………….
………………………………………………………………………………………………….
• Applicant/witness can use extra sheets for giving additional information.
-------------------------------------
(Full Name with signature)
Date: ..............................
Place:.............................
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Jharkhand Gazette (Extraordinary), Tuesday, 28th June, 2022,
UNDERTAKING
1. I undertake that I shall fully co-operate with the competent authority and the
Department of Home, Prison and Disaster Management, Jharkhand and
Witness Protection Cell.
2.
I certify that the information provided by me in this application is true and
correct to my best knowledge and belief.
3.
I understand that in case, information given by me in this application is
found to be false,competent authority under the scheme reserves the right
to recover the expenses incurred on me from out of the Witness Protection
Fund.
…………………………………
(Full Name with signature)
Date:..............................
Place:.............................
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झारखMड राजकQय मुUणालय
झारखMड राजकQय मुUणालय, राँची [वारा ]का^शत एवं मुcUत
राँची [वारा ]का^शत एवं मुcUत,
झारखMड गजट
झारखMड गजट (असाधारण
असाधारण)
) 294 -- 50