[319]

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 02, Puducherry, dated 05th February 2025)

NOTIFICATION

In exercise of the powers conferred under section 398 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, (Central Act No. 46 of 2023)

read with S.O. No. 2506(E), dated 28-06-2024 of the Ministry of Home

Affairs, Government of India, New Delhi and in supersession of the

Witness Protection Scheme, 2018 notified earlier, save in respect of

things done or omitted to be done before such supersession,



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

Registered with the Registrar

of Newspapers for India under

No. 10410





2025 } | 25 {

No. 11

Poudouchéry Mardi

Février

2025

No.

Puducherry

Tuesday

25th

February

2025

(6 Phalguna 1946)

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LA GAZETTE DE L'ETAT

[PART–II

the Lieutenant-Governor, Puducherry, hereby notifies a Witness

Protection Scheme, 2024 for the Union territory of Puducherry, with

a view to ensure the protection of the witnesses, namely:–

PART – I

PRELIMINARY

1. Short title, extent and commencement.— (a) The Scheme shall

be called, "The Puducherry Witness Protection Scheme, 2024."

(b) It shall extend to the whole of the Union territory of

Puducherry.

publication in the Official Gazette.

2. Definitions.— (a) "Act" means the Bharatiya Nagarik Suraksha

Sanhita, 2023;

(b) "Competent Authority" means a Standing Committee in each

District chaired by the District and Sessions Judge with the Head of

the Police in the District as Member and the Head of the Prosecution in

the District as its Member-Secretary.

any condition prohibiting the 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 the investigation,

trial and post-trial stage;

(d) "Family Member" includes parents/guardian, spouse,

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/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 includes a live video link or other

such arrangement including any electronic communication through any

audio-video electronic means;

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(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 74, 75, 76, 77, 78

and 79 of the Bharatiya Nyaya Sanhita, 2023;

(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 faced by the witness or his family to

their life, reputation or property, apart from analysing the extent, the

person or persons making the threat, have the intent, motive and

resources to implement the threats. It shall also categorise 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 has made a statement or

who has given or agreed to give evidence in relation to any offence

and who possesses information or document about any offence regarded

by the Competent Authority as being material to any criminal proceeding

or is required to be given protection or assistance under this Scheme;

(k) "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 Investigating Officer/Officer In-charge/Inspector

In-charge/Subdivisional Police Officer/Jail Superintendent concerned;

(l) "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;

(m) "Witness Protection Measures" means measures as spelt

out in clause 7, Part-II, Part-III, Part-IV and Part-V of this Scheme;

(n) "Witness Protection Order" means an Order passed by the

Competent Authority detailing the witness protection measures to be

taken;

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LA GAZETTE DE L'ETAT

[PART–II

(o) "Witness Protection Cell" means a cell constituted at the

District Level for witness protection and assigned with the duty to

implement the witness protection Order absolutely. At the District Level,

this Cell shall be headed by the Superintendent of Police and other

suitable person(s) may be co-opted by the head of the Cell.

PART – II

3. Categories of witness as per threat perception.—

Category 'A' : Where the threat extends to the life of a 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 members,

reputation or property, during the investigation/trial or thereafter.

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 of the

following:–

(i) Budgetary allocation made in the Annual Budget by the

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 the

Government;

(iv) Funds

contributed

under

the

Corporate

Social

Responsibility.

of the Government of Puducherry in accordance with the Standard

Operating Procedure notified in G.O. Ms. No. 93/Home/P3/2020, dated

07-12-2020 of the Home Department, Government of Puducherry.

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The Witness Protection Fund shall be operated with the following

Standard Operating Procedure, namely:–

(a) The Fund shall be operated by the Police Department and

shall be monitored by the Competent Authority.

(b) The Funds received from various sources as mentioned in

clause 4(b)(i),(ii),(iii) and (iv) of the Scheme shall be deposited in the

Savings Bank Account.

Budget Allocation by creating a separate Head of Account in their

demand.

(d) The Police Department shall arrange to open an exclusive

ESCROW Account in the State Bank India, Puducherry for operation of

this Fund.

(e) The Director, Directorate of Accounts and Treasuries,

Puducherry shall be the custodian of the ESCROW account for the

purpose and to maintain the fund.

(f) The Police Department shall draw the money from the Budget

Allocation by way of Grand-in-Aid and deposit the same in Savings Bank

Account.

(g) For the Expenditure incurred, necessary utilization

certificate shall have to be furnished to the Government and the

expenditure shall be audited annually by the Auditor-General.

(h) The quarterly report of the fund position and utilization has

to be forwarded by the Police Department to the Home Department,

Government of Puducherry.

Witness Protection Cell

In accordance with clause 2(o) of the Witness Protection

Scheme, 2024, a dedicated Cell, namely, the Witness Protection Cell is

created in the Police Department, Government of Puducherry in order to

implement the Witness Protection Order issued by the Competent

Authority under the said Scheme.

(i) The Witness Protection Cell shall be a centralized Body

based in the Police (Headquarters) of the Union territory of Puducherry.

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LA GAZETTE DE L'ETAT

[PART–II

(ii) The composition of the Witness Protection Cell is as

follows:–

(a) The Director-General of Police, Puducherry. . . Chairman

(b) The Additional Director-General of Police/ . . Member

Inspector-General of Police / Deputy

Inspector-General of Police / Senior

Superintendent of Police.

. . Member-

(Headquarters).

Secretary.

(iii) The Senior Superintendent of Police (Headquarters) shall

be the Nodal Officer to coordinate with the Courts and Home

Department, Government of Puducherry regarding the implementation of

the Witness Protection Scheme, 2024.

(iv) The Witness Protection Cell shall ensure that the

procedures as laid down in clauses (09) to (15) are followed and the

Witness Protection Scheme, 2024 is implemented in letter and spirit.

5. Filing of Application before the Competent Authority.— The

Application for seeking protection Order under this Scheme shall 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 the 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 calling

for the Threat Analysis Report from the Superintendent of Police

in-charge of the concerned Police Subdivision.

(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.

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PART–II]

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while maintaining full confidentiality and it shall reach the Competent

Authority including through electronic means within five working days

of receipt of the Order.

(d) The Threat Analysis Report shall categorise 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 in person or through electronic

means or a live link with the witness and/or his family members or any

other person deemed fit, so as to ascertain the witness protection needs

of the witness. The Competent Authority can also conduct its Meeting

through a live link.

(f) All the hearings on Witness Protection Application shall be

held in-camera by the Competent Authority, by 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 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 Government of Puducherry.

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 Union territory of Puducherry.

(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 trial, a fresh Threat Analysis Report

shall be called from the Superintendent of Police in-charge of the

concerned Police Subdivision.

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LA GAZETTE DE L'ETAT

[PART–II

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;

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 Government funded conveyance on 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 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;

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(n) Awarding time to time periodical financial aids/grants to the

witness from Witness Protection Fund for the purpose of location,

sustenance or starting a new vocation/profession, as may be considered

necessary;

(o) Any other form of protection measures as 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.

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, as 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 another person, which is likely to

lead to the witness identification.

The Competent Authority can thereafter, dispose of the Application

as per the 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 the identity of any witness is protected under an Order

of the Competent Authority, the Witness Protection Cell shall provide

the details of persons who can be contacted by the witness, in case of

emergency.

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LA GAZETTE DE L'ETAT

[PART–II

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 an

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 shall not deprive the witness from the existing educational/

professional/property rights.

PART – V

11. Relocation of Witness.— In appropriate cases, where there is

a request from the witness for relocation, based on the Threat Analysis

Report, a decision can be taken for relocation of the witness by the

Competent Authority.

The Competent Authority shall pass an Order for witness

relocation to a safer place within the Union territory of Puducherry or

territory of the Indian Union, keeping in view the safety, welfare and

well being of the witness. The expenses shall be borne from the Witness

Protection Fund.

PART – VI

12. Witness to be apprised of the scheme.— The Investigating

Officer and the Court shall inform the witness about the existence of

"The Puducherry Witness Protection Scheme, 2024" and its salient

features.

13. Confidentiality

and

preservation

records.— All

stakeholders including the Police, the Prosecution Department, Court

Staff, Advocates 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 the 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

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PART–II]

LA GAZETTE DE L'ETAT

Court proceedings, the hard copy of the records shall be weeded out

by the Competent Authority, after preserving the scanned soft copies

of the same.

14. Recovery of expenses.— In case, the witness had lodged a false

complaint, the Home Department, Government of Puducherry 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 shall be filed before the Competent Authority within 15 days

of passing of the Orders by the Competent Authority.

————

WITNESS PROTECTION APPLICATION

Under clause (5) of

THE PUDUCHERRY WITNESS PROTECTION SCHEME, 2024

Before.

The Competent Authority,

(to be filed in duplicate)

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

Application for :

(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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LA GAZETTE DE L'ETAT

[PART–II

(5) Residential Address

(6) Name and other details of family :

members of the witness who are

receiving continuous threats

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

2. Particulars of the Witness (Fill in Capital) :

(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)

3. Particulars of the accused (if available /known) :

(1) Name

(2) Address

(3) Phone Number

(4) Email ID

4. Name and other particulars of the

person giving/suspected of giving

threat.

5. Nature of threat perception. Please

give brief 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.

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PART–II]

LA GAZETTE DE L'ETAT

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.

7. Details of Interim/urgent witness

protection needs, if required.

* Applicant/witness can use extra sheets for giving additional

information.

Place :

Date :

(Full name with signature)

UNDERTAKING

(1) I undertake that I shall fully cooperate with the Competent Authority

and the Home Department of this Union Territory 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 from me, the expenses incurred on me

from the Witness Protection Fund.

Place :

Date :

(Full name with signature)

————

(By order of the Lieutenant-Governor)

DR. SHARAT CHAUHAN,

Chief Secretary to Government.

————