EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1164 CUTTACK, SATURDAY, JULY 6, 2019 / ASADHA 15, 1941

HOME DEPARTMENT

NOTIFICATION

The 5th July, 2019

No. 26424-HOME-CPM-RCMDN-0001/2018/H.

1. Short title and Commencement:―

(A)

The Scheme shall be called the Witness Protection Scheme, 2019

(B)

It shall come into force on the date of its publication in the Odisha Gazette.

PART-I

2. Definitions.-Unless the context otherwise requires,―

(a)

"Code" means the Code of Criminal Procedure, 1973 (2 of 1974);

(b)

“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;

(c)

“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;

(d)

“Family Member” includes parents or guardian, spouse, live-in partner,

siblings, children, grandchildren of the witness;

(e)

"Form" means “Witness Protection Application Form” appended to this

Scheme;

(f)

“In Camera Proceedings” means proceedings wherein the Competent

Authority or Court allows only those persons who are necessary to be present

while hearing and deciding the witness protection application or deposing in the

court;

(g)

“Live Link” means and includes a live video link or other such arrangement

whereby a witness, while not being physically present in the court room for

deposing in the matter or interacting with the Competent Authority;

(h)

"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 Sections 354, 354A, 354B, 354C, 354D and 509 of

the Indian Penal Code;

(i)

"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 by the

witness or his family to their life, reputation or property apart from analyzing the

extent, the 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;

(j)

“Witness” means any person, who posses information or document about any

offence;

(k)

“Witness Protection Application” means an application moved by the witness

in the prescribed form before a Competent Authority for seeking Witness

Protection Order. It can be moved by the witness, his family member, his duly

engaged counsel or IO/SHO/SDPO/Prison SP concerned and the same shall

preferably be got forwarded through the Prosecutor concerned;

(l)

“Witness Protection Cell” means a dedicated Cell of the State Police or

Central Police Agencies assigned with the duty to implement the witness

protection order;

(m) “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;

(n)

“Witness Protection Measures” means measures spelt out in Clause 7, Part-

III, Part-IV and Part V of the Scheme; and

(o)

“Witness Protection Order” means an order passed by the Competent

Authority detailing the witness protection measures to be taken.

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 or trial or thereafter.

Category ‘B’ : Where the threat extends to safety, reputation or property of the witness

or his family members, during the investigation or 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 or trial or

thereafter.

4. State Witness Protection Fund:―(1) 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.

(2) The Witness Protection Fund shall comprise the following, namely:―

(a) Budgetary allocation made in the Annual Budget by the State Government;

(b) Receipt of amount of costs imposed or ordered to be deposited by the Courts

or tribunals in the Witness Protection Fund;

individuals permitted by the Central or State Governments;

(d) Funds contributed under Corporate Social Responsibility.

(3) The said Fund shall be operated by the Department or Ministry of Home under the

State Government.

5. Filing of application before the Competent Authority:―

The application for seeking protection order under this scheme can be filed in the

prescribed form (ANNEXURE-I) 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 :―(1) As and when an application is

received by the Member Secretary of the Competent Authority, in the prescribed form, it shall

forthwith pass an order for calling for the Threat Analysis Report from the Assistant

Commissioner of Police / Deputy Superintendent of Police in charge of the concerned Police

Subdivision.

(2)

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.

(3) 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.

(4) 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.

(5) 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 or employers or any other person deemed fit so as to

ascertain the witness protection needs of the witness.

(6) All the hearings on Witness Protection Application shall be held in-camera by the

Competent Authority while maintaining full confidentiality.

(7) An application shall be disposed of within five working days of receipt of Threat

Analysis Report from the Police Authorities.

(8) 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 Head of the Police in the State. 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 of the State.

(9) Upon passing of a Witness Protection Order, the Witness Protection Cell shall file

a monthly follow-up report before the Competent Authority.

(10) 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 Assistant Commissioner of

Police/Deputy Superintendent of Police in-charge of the concerned Police Subdivision.

7. Types of protection measures:― (1) 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.

(2)

Such measures 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 or 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

modify the image of face of the witness and to modify the audio feed of

the witness’ voice, so that he or she is not identifiable;

(m) Ensuing expeditious recording of deposition during trial on day-to-day

basis without adjournments;

(n)

Awarding time to time periodical financial aids or grants to the witness

from Witness Protection Fund for the purpose of re-location, sustenance

or starting a new vocation or profession, if desired;

(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:― (1) 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.

(2) 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.

(3) 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.

(4) 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 or his or her family members including name or parentage or occupation or address

or digital footprints are fully protected.

(5) 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:― (1) 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.

(2) Conferring new identities includes new name or profession or parentage and

providing supporting documents acceptable by the Government Agencies. The new identities

should not deprive the witness from existing educational or professional or property rights.

PART-V

11. Relocation of witness:―(1) 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.

(2) The Competent Authority may pass an order for witness relocation to a safer place

within the State 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.

PART-VI

12. Witnesses to be apprised to the Scheme:― The State 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:― (1) 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 or Appellate Court and that too, on a written order.

(2) 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, the

Home Department of the concerned Government can 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

ASIT TRIPATHY

Additional Chief Secretary to Government

ANNEXURE-I

Witness Protection Scheme, 2019

(See Clause-5)

Witness Protection Application

under

Witness Protection Scheme, 2019

Before, (To be filed in duplicate)

The Competent Authority,

District................................................................

Application for:

1. Witness Protection

2. Witness Identity 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

the

witness

who

are

receiving or perceiving threats

(7) Contact details (Mobile/e-mail)

Particulars of Criminal matter:

(1) FIR No.

(2) Under Section

(3) Police Station

(4) District

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

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

Particulars of the Accused (if available /

known):

(1) Name

(2) Address

(3) Phone No.

(4) Email id

Name & other particulars of the person

giving/suspected of giving threats

Nature of threat perception. 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.

Date ..............................

Place..............................

(Full Name with signature)

UNDERTAKING

I undertake that I shall fully cooperate with the Competent Authority and the

Department of Home of the State 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, Competent Authority under the scheme reserves the right to recover the

expenses incurred on me from out of the Witness Protection Fund.

Date ..............................

Place..............................

(Full Name with signature)

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 495-173+100