Government notifies Scheme to protect the witnesses and their family

On 28-2-2025, the Government of the National Capital Territory of Delhi notified the Delhi Witness Protection Scheme, 2025 to protect witnesses from threats and intimidation to ensure that they testify without fear. The provisions came into force on 28-2-2025.

Key Points:

1. Witnesses will be categorized as per threat perceptions in the following categories:

   • Category A: threat extends to life of witnesses/ his family;

   • Category B: threat extends to safety/ reputation/ property of witnesses/ his family;

   • Category C: threat is moderate and extends to harassment/ intimidation of the witnesses/ his family member’s reputation/ property.

2. State Witness Protection Fund (‘Fund’):

   • This fund will be used to meet all expenses incurred during the implementation of Witness Protection Order passed by authorities and other related expenditures.

   • The Fund will comprise the following:

     • Budgetary allocation made in the Annual Budget by the State Government;

     • Receipt of amount of costs imposed/ordered to be deposited by the Courts/ Tribunals in the Fund;

     • Donations/contributions from Philanthropist/ Charitable Institutions/ Organizations and individuals permitted by the Lt. Governor, NCT of Delhi.

   • Fund will be operated by the Home Department under Government of NCT of Delhi.

3. Filing of the application for protection under this Scheme will be doen through its Member Secretary.

4. Procedure for processing the application:

   • On receiving the application, the Member Secretary will pass an order for calling the Threat Analysis Report (‘Report’) from the Sub-division Police Officer/Assistant Commissioner of Police/ in charge of the Police Sub-Division.

   • Interim protection will be granted depending on the urgency of the matter.

   • Report should be prepared within 5 days of receipt of order.

   • Report will categorize the threat perception and include suggestive protection measures.

   • All hearings application will be held in-camera.

   • Application will be disposed within 5 days of receipt of Report.

   • Witness Protection Order passed by the Competent Authority will be implemented by the Witness Protection Cell of Delhi Police or the Trial Court.

   • Upon passing of a Witness Protection Order, the Witness Protection Cell will file a monthly follow-up report before the Competent Authority.

5. Types of Protection Measures:

   • Ensuring that witness and accused do not come face to face during investigation, inquiry or trial;

   • Monitoring of mail and telephone calls;

   • Arrangement with the telephone company to change the witness’s telephone number or assign him or her an unlisted telephone number;

   • Installation of security devices in the witness’s home such as security doors, Closed Circuit Television, alarms, fencing etc;

   • Concealment of identity of the witness by referring to him/her with the changed name or alphabet;

   • Close protection, regular patrolling around the witness’s house;

   • 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;

   • Ensuring expeditious recording of deposition during trial on day to day basis without adjournments.

6. Protection of Identity:

   • Application for seeking identity protection can be filed before the Competent Authority through its Member Secretary.

   • During hearing of the application, the identity of the witness will not be revealed to any other person, which is likely to lead to the witness identification.

   • If identity of any witness is protected under an order of the Competent Authority, the Witness Protection Cell will provide details of persons who can be contacted by the witness in case of emergency.

   • Vulnerable witnesses can testify in special courts with physical barriers or through Video conferencing facilities to minimize interaction with the accused.

7. Change of Identity can be taken for conferring a new identity to the witness by the Competent Authority.

   Conferring new identities includes:

   • new name/profession/percentage and providing supporting documents acceptable by the Government Agencies;

   • new identities should not deprive the witness from existing educational/ professional/ property rights.

8. Confidentiality and preservation of records: Police/ Prosecution Department/Court Staff/ Lawyers from both sides will have to maintain full confidentiality and ensure that under no circumstance, any record/ document/ information in relation to the proceedings under this scheme is shared with any person in any manner except with the Trial Court/Appellate Court on a written order.