On 1-2-2025, the High Court of Tripura adopted the Vulnerable Witness Deposition Centres Scheme with the objective of ensuring a safe and conducive environment for recording the evidence of Vulnerable Witnesses. The guidelines came into effect on 1-2-2025.
Guidelines for Requisite Infrastructure and Recording of Evidence of Vulnerable Witnesses:
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Purpose: to present guidelines and recommendations to improve the response of the justice dispensation system towards vulnerable witnesses.
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Objectives:
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To enable vulnerable witnesses to depose freely before any court in a safe and secure environment;
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To minimize harm or secondary victimization of vulnerable witnesses in anticipation and as a result of participation in the justice system;
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To ensure that the rights of all the parties in the judicial processes can effectively be enforced.
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These guidelines are applicable to every court, including the Juvenile Justice Boards in Tripura.
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The guidelines ensure that the special measures that are taken to assist a vulnerable witness during their deposition are not seen unfairly to the other party.
The Judge will be responsible for making this clear to the other party when the order is passed.
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These guidelines also lay down certain factors which cause stress to the vulnerable witnesses, especially to the child witnesses. Some of the factors are:
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Multiple depositions;
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Not using developmentally appropriate language;
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Delays and repeated adjournments;
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Testifying more than once;
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Prolonged/protracted court proceedings;
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Fear of public exposure;
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Face-to-face contact with the accused, etc.
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Competency of vulnerable witnesses: They are presumed to be competent to testify as a witness, unless the Court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions due to tender years, disability of mind or body, illness.
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Persons allowed at competence assessment:
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The judge and such court personnel deemed necessary and specified by order of the judge concerned;
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The counsel for the parties;
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The guardian ad litem;
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Non-offending parent, guardian, friend, relative of a child victim or a person in whom the child has trust or confidence;
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One or more support persons for a child victim or witness;
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Translator, interpreter, expert or special educator, if necessary;
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Person familiar with the manner of communication of a vulnerable witness with intellectual or physical disability;
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The accused, unless the court determines that competence requires to be and can be fully evaluated in their absence.
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The assessment of a person, as to their competence as a witness, will be conducted only by the presiding judge.
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Under these guidelines the vulnerable witness will be allowed a pre- trial courthouse/ civil court/ Juvenile Justice Board tour.
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The parents/ guardians/ lawyers/ support person of a vulnerable witness will be promptly informed by the Court about the stage of process.
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Duty to provide comfortable environment:
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Duty of the court to ensure a comfortable environment for the vulnerable witness;
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Separate and safe waiting areas and passage;
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Care has to be taken to ensure that the vulnerable witness courtroom is accessible to persons with disabilities;
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The vulnerable witness may be allowed to testify from a place other than the witness chair;
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In case of a victim of a sexual offence, care should be taken to avoid exposure of the victim to the accused at the time of recording the evidence, while ensuring the right of cross-examination of the accused and that the accused is in a position to hear the statement of the child and communicate with their advocate;
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Access to crèche facilities within the court premises will be enabled for vulnerable witnesses who may require childcare facilities on the date of their deposition.
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Directions for Judges of Criminal Courts, Children’s Court and Juvenile Justice Boards:
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Such witnesses should receive high priority and should be dealt with expeditiously;
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Judges and Court administrations should ensure that the developmental needs of vulnerable witnesses are identified, recognized and accommodated in the arrangement of the courtroom and recording of the testimony;
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The judges should ensure that vulnerable witnesses with disability are able to exercise their right to access the court without discrimination on the basis of disability;
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The court should be satisfied that a victim or vulnerable witness is not scared and that they are able to reveal what happened to them when they are subjected to an examination during recording of evidence;
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The Court will have to ensure that adequate time and opportunity is given to refresh the memory of vulnerable witnesses;
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In cases of sexual offences, judges should avoid asking the vulnerable witness to demonstrate intimate touching on their own body, during the recording of the testimony and vulnerable witnesses can instead be asked to point to a body outline diagram;
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Judges can allow a vulnerable witness to carry a comfort item during the deposition.
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The Court, suo motu or on an application made by vulnerable witness, can allow measures, such as using screens, one-way mirrors, or curtains, help ensure that the vulnerable witness can testify without seeing the accused, while still allowing the accused to hear the testimony and communicate with their advocate.
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The depositions of the vulnerable witness recorded by video link will not be video recorded except under reasoned order requiring the special measures by the Judge.
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Any video/audio recording produced will be destroyed as per rules formed by the High Court concerned.
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Additional guidelines specific to child victims and witnesses:
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The questions asked to assess the competency of a child witness should be appropriate to the age and developmental level of the child and the questions should not be related to the issues of trial.
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The court can appoint any person as guardian ad litem as per law to a vulnerable child witness who is a victim/ witness to a crime, giving preference to the parents of the child.
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The guardian will have the duty to:
✓ Attend all depositions, hearings, and trial proceedings;
✓ Make recommendations to the court concerning the best interest of the vulnerable witness keeping in view the needs of the witness and observing the impact of the proceedings on the witness;
✓ Explain all the legal proceedings, police investigations to the vulnerable witness in a language that the understand;
✓ Assist the vulnerable witness and their family in coping with the emotional effects of participating in any case/proceedings;
✓ Remain with the vulnerable witness while the vulnerable witness waits to testify
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Measures to protect the privacy and well-being of child victims and witnesses:
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Courts can maintain the anonymity of vulnerable witnesses through measures like name suppression, which allows for the release of court documents without compromising their privacy;
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To ensure the privacy and physical and mental well-being of a child victim and to prevent undue distress and secondary victimization the court can order the following:
✓ Concealing from the public record any names, addresses, workplaces, professions or any other information that could lead to the identification of the child victim or witness;
✓ Prohibiting the defense lawyer and persons present in the court room from revealing the identity of the vulnerable witness;
✓ Protecting the identity of child victims and permitting disclosure in accordance with relevant statutory provisions and judicial precedents;
✓ Assigning a pseudonym or a number to a child victim in cases of sexual offences, in which case the full name and date of birth of the child will be revealed to the accused for the preparation of their defense;
✓ Avoiding exposure to the accused by using screens or single visibility mirror;
✓ Holding in-camera trials;
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