Following the conviction of Congress leader Sajjan Kumar in the high-profile murder case linked to the 1984 anti-Sikh riots, the Government has swiftly implemented the ‘Delhi Witness Protection Scheme, 2025’ in the National Capital Territory of Delhi.
This initiative through a notification issued on February 28, 2025 aims to enhance the safety of witnesses, ensuring they can testify without fear of intimidation or reprisal.
The Delhi Witness Protection Scheme, 2025 categorises witnesses based on their perceived threats, establishing a framework for protection that includes provisions for secure environments, identity concealment, and legal support.
With the urgency highlighted by the Kumar case, the government’s prompt action aims to facilitate justice while safeguarding those who come forward with crucial testimonies.
The scheme will be applicable to the witnesses of those offences which are punishable with death or life imprisonment or an imprisonment upto seven years and above.
It will also cover punishments under sections 74, 75, 76, 77, 78 and 79 of the Bharatiya Nyaya Sanhita, as well as under section 8, 10, 12, 14 and 15 of the Protection of Children from Sexual Offences Act, 2012.
A series of witness protection measures have been outlined under the “Delhi Witness Protection Scheme, 2025.”
These include ensuring that the witness and the accused do not come face to face during investigation or trial, monitoring of mails, emails, telephone calls, etc and arrangements with the telephone company to change the witness’s telephone number or assign an unlisted number.
Security devices such as security doors, CCTV, alarms, fencing etc. in the house or workplace of the witness, his family member(s) or the person in whom witness is interested will be installed while concealment of the witness’s identity will be ensured by referring to them with a changed name or alias. There would be provision of emergency contact persons for the witness; close protection, including ( physical personal security and bodyguard, regular patrolling or stationing of a PCR van around the house, workplace of the witness, his family members or any person in whom the witness is interested.
The witness protection measures also includes temporary change of residence to a relative’s house or a nearby town/city; escort to and from the Court including provision of a government vehicle or state-funded conveyance on the date of hearing; holding of in-camera trials; allowing the recording of the witness’s statement and deposition via audio-video electronic means from a place, including his or her abode or a designated place, to ensure the best safety and security; allowing a support person to remain present during the recording of the statement and deposition.
There will also be an option to modify the witness’s facial image and audio feed to prevent identification.; ensuring the expeditious recording of depositions during the trial on a day-to-day basis without adjournments among others.
The witness protection measures will be proportionate to the level of threat and will be provided for a specific duration, not exceeding three months at a time.
All hearings related to witness protection applications will be held in-camera by the competent authority, ensuring full confidentiality.
An application for seeking a protection order under this scheme will have to be filed before the competent authority through its Member Secretary, where the offence is committed.
Upon receiving an application, the Member Secretary will promptly call for a threat analysis report from the Deputy Commissioner of Police or Superintendent of Police concerned, to be submitted within two working days.
Depending on the urgency of the matter, due to an imminent threat, the competent authority may issue orders for the interim protection of the witness, his family members, or any person in whom the witness is interested, during the pendency of the application.
All hearings related to witness protection applications will be held in-camera by the competent authority, ensuring full confidentiality. The application will be disposed of within five working days of receiving the threat analysis report from the police authorities.
A Witness Protection Cell will be established in each district, headed by the Deputy Commissioner of Police or Superintendent of Police of the concerned district to implement witness protection orders issued by the competent authority.
The Authority may grant witness a new identity and issue an order for the relocation based on the threat analysis report.
Earlier this year, Haryana and Goa too rolled out the witness protection scheme. The issue of witness protection scheme had cropped in a Supreme Court hearing of a public interest litigation (PIL) seeking protection for witnesses in rape cases involving Asaram Bapu.
In Delhi, a court in February 25 had awarded life-term imprisonment to former Congress MP Sajjan Kumar in a case related to the killings of two men in the city’s Saraswati Vihar area.
Countries like the USA, United Kingdom, China, Italy, Canada, Hong Kong, and Ireland have established robust witness protection schemes to ensure the safety and security of witnesses who may face threats or intimidation for their testimonies.
In India, the need for a dedicated witness protection law has been recognized for many years. In 2003, the Justice V. Malimath Committee on the criminal justice system recommended the enactment of a separate witness protection law.
Subsequently, in 2006, the Law Commission of India, in its 198th report, proposed a draft witness protection law. This report aimed to lay the groundwork for a comprehensive framework to safeguard witnesses, outlining measures for their protection and the procedures for implementing these protections.
