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असाधारण

EXTRAORDINARY

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

Part II - Section 3

केन्द्र-शासित प्रदेश लद्दाख प्रशािन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

F. No. : A/217/2024-HOME SECTION-Part(1)-2439

HOME DEPARTMENT

Notification

Ladakh, 14^th August of the 2024

S.O. 76 - In exercise of the powers conferred by Section 398 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,

read with S.O 2506 (E) dated: 28.06.2024 issued by the Ministry of Home Affairs, Government of India, the

Administration of Union territory of Ladakh, hereby makes the following scheme to provide protection to the

witnesses namely:

PART I

1. SHORT TITLE AND COMMENCEMENT:

a) This Scheme may be called the “Ladakh Witness Protection Scheme, 2024”.

b) It shall come into force on the date of its publication in the Official Gazette.

लद्दाख, 21 अगस्त, 2024

LADAKH, WEDNESDAY, AUGUST, 21, 2024

भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-22082024-1357

SG-LD-E-22082024-1357

LADAKH GAZETTE : EXTRAORDINARY 2

2. DEFINITIONS:

In this Scheme, unless the context otherwise requires:

a) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023;

b) "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;

c) "Competent Authority" means a Standing Committee in each District chaired by District and Sessions

Judge with Head of the Police in the District as Member and Head of the Prosecution in the District as its

Member Secretary;

d) "Family Member" includes parents/guardian, spouse, live-in partner, siblings, children, grandchildren of

the witness;

e) "Form" means "Witness Protection Application Form" appended to this Scheme;

"In Camera Proceedings" means proceedings wherein the Competent Authority/Court allows only those

persons who are necessarily to be present while hearing and deciding the witness protection application or

deposing in the court;

g) "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;

h) "Witness Protection Measures" means measures spelt out in Clause 7, Part-III, Part- IV and Part V of the

Scheme;

"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 74,75,77,78 and 79 of Bhartiya

Nyaya Sanhita, 2023 (BNS);

"Threat Analysis Report" means a detailed report prepared and submitted by the Head of the Police in

the District investigating the case with regard to the seriousness and credibility of the threat perception to

the witness or his family 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;

k) "Witness" means any person, who possesses information or document about any offence;

“Witness Protection Application" means an application moved by the witness in the prescribed form

before a Competent Authority through its Member Secretary for seeking a Witness Protection Order. It can

be moved by the witness, his family member, his duly engaged counsel or IO/SHO/SDPO/Jail

Superintendent concerned;

m) "Witness Protection Fund" means the fund created for bearing the expenses incurred during the

implementation of the Witness Protection Order passed by the Competent Authority under this scheme;

n) "Witness Protection Order" means an order passed by the Competent Authority detailing the witness

protection measures to be taken;

o) "Witness Protection Cell" means a dedicated Cell of the Ladakh Police assigned with 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 the witness or his family members, during the

investigation/ trial or thereafter.

LADAKH GAZETTE : EXTRAORDINARY 3

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.

4. LADAKH WITNESS PROTECTION FUND:

a) There shall be a Fund, namely, the Ladakh Witness Protection Fund from which the expenses incurred

during the implementation of the Witness Protection Order passed by the Competent Authority and other

related expenditure, shall be met.

b) The Ladakh Witness Protection Fund shall comprise the following: -

Budgetary allocation made in the Annual Budget by the UT Administration;

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 the Administration.

IV.

Funds contributed under Corporate Social Responsibility.

c) The said Fund shall be operated by the Home Department under the UT Administration.

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 DySP

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.

Provided that nothing shall preclude police from providing immediate protection in case of grave and

imminent threat to the life of the 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 witness protection needs of the

witness.

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 UT or the Trial Court, as the case may be. Overall responsibility of implementation

LADAKH GAZETTE : EXTRAORDINARY 4

of all witness protection orders passed by the Competent Authority shall lie on the Head of Police, UT

Ladakh.

However, the Witness Protection Order passed by the Competent Authority for change of identity and/or

relocation shall be implemented by the Home Department of the UT.

Upon passing of a Witness Protection Order, the Witness Protection Cell shall file a monthly follow-up

report before the Competent Authority.

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 trial, a fresh Threat Analysis Report shall be

called from the DySP 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. These 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 the identity of the witness by referring to him/her with the changed name or alphabet,

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,

Escort to and from the court and provision of Government vehicle or a State funded conveyance for the

date of hearing,

Holding of in-camera trials,

k) Allowing a support person to remain present during recording of statement and deposition;

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 modify the image of face of the witness and to modify the audio feed of the witness's 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:

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.

LADAKH GAZETTE : EXTRAORDINARY 5

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 deems fit to ascertain whether there is necessity to pass an identity protection order.

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 can thereafter,

dispose of the application as per material available on record.

Once, an order for protection of identity of witness is passed by the Competent Authority, it shall be the

responsibility of the 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.

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:

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.

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:

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.

The Competent Authority may pass an order for witness relocation to a safer place within the UT or

territory of the Indian Union keeping in view the safety, welfare and wellbeing of the witness. The

expenses shall be borne from the Witness Protection Fund.

Part VI

12. WITNESSES TO BE APPRISED OF THE SCHEME:

UT Administration shall give wide publicity to this Scheme. The IO and the Court shall inform

witnesses about the existence of the "Ladakh Witness Protection Scheme, 2024" and its salient features.

13. CONFIDENTIALITY AND PRESERVATION OF RECORDS:

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.

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.

LADAKH GAZETTE : EXTRAORDINARY 7

Witness Protection Application

Under

Ladakh Witness Protection Scheme, 2024

(To be filed in duplicate)

Before,

The Competent Authority,

District______________

UT Ladakh

Application for:

1. Witness Protection

2. Witness Identify Protection

3. New Identity

4. Witness Relocation

Particulars of the Witness (Fill in Capital):

1) Name

2) Age

3) Gender (Male/Female/Other)

4) Father's/Mother's Name

5) Residential Address

6) Name and other details of family members of the

witness who are receiving or perceiving threats

7) Contact details (Mobile/e-mail)

Particulars of Criminal matter:

FIR No.

Under Section

Police Station

District

D.D. No. (in case FIR not yet registered)

Cr. Case No. (in case of private complaint)

Particulars of the Accused (if available/known):

1) Name

2) Address

LADAKH GAZETTE : EXTRAORDINARY 8

3) Phone No.

4) Email id

Name & other particulars of the person giving/ suspected of

giving threats

Nature of threat. Please give brief details of threat received

in the matter with specific date, place, mode and words

used.

Type of witness protection measures prayed by/ for the

witness

Details of interim / Urgent Witness Protection needs, if

required.

Applicant/ witness can use extra sheets for giving additional information.

____________________

(Full Name with signature)

Date: ___________

Place:___________

UNDERTAKING

1) I undertake that I shall fully cooperate with the competent authority and the Home Department, UT Ladakh and

Witness Protection Cell.

2) I certify that the information provided by me in this application is true and correct to the best of my knowledge and

belief.

3) I understand that in case, information given by me in this application is found to be false, the competent authority

under the scheme reserves the right to recover the expenses incurred on me out of the Witness Protection Fund.

____________________

(Full Name with signature)

Date: ___________

Place:___________

“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc.”

RIGZIN

SPALGON

Digitally signed by

RIGZIN SPALGON

Date: 2024.08.21

15:41:19 +05'30'

MICHAEL

MANNY

DSOUZA

Digitally signed by

MICHAEL MANNY

DSOUZA

Date: 2024.08.22

16:17:42 +05'30'