The witness protection Act

¢T"ncsi`is all+iEii<.Ji Trff, o6 q€, 2o2o €o @¥1la 16, ig42 ¥ffi Hfflj 9 No.144/XXXVI(3)/2020/13(1)A2020 Dated Dehradun ,May 06, 2020 reTiFicATiQN_ _Miscellaneous ln pursuance of the provisions of Clause (3) of Article 348 of the C`onstitution of India, the Governor ls pleased to order the publication of the following English translation of `The Uttarakhand Witness Protection Act, 2020' (Act No.15 of 2020). As passed by the Uttarakhand Legislative Assembly and assented to by the Governor on 27 April, 2020. `The Uttarakhand Witness Protection Act, 2020 (Uttarakhand Act No. 15 Of 2020) AN ACT To provide protection to the Witnesses in the State of uttarakhand. Be it enacted by the Uttarakhand State Legislative Assembly in the Seventy- first year of the Republic of India as follows:- Part I Preliminary Sllort title, I. (I) This Act may be called the "Uttarakhand Witness Extent and Protection Act, 2020." commencemezit (2)ItshallextendtothewholeoitheStateofuttarakhand. (3 ) It shall come into force at once, Derinitions 2. (1) In this Act, unless the subject or context otherwise requires-- (a) "Competent Authority" means committee constituted in the Chainanship of District Judge and Senior io `3"i<si`I€ erHTqTquT TTq€, o6 q€. 2o2o €o @¥TTH 16,1942 ¥TtF iTfflj Superintendent of PolicofsL[perintendent of Police, Additional District Magistrate and Prosecution officer in charge of District (Joint Director, Prosecdion/ Senior prosecution officer) Shall be its members. Additional District Magistrate shall be nominated by the District Magistrate as the member of committee. Q])``Code"meanstheCodeLofChminalI]rocedue,1973; (c) "Family Member" means Grandpaents, parents/ guardian, siblings, spouse, children and grand children of the witness; (d) ``Form" means the form annexed with this Act; (e) "Govemm€nt" means the `govelrment of State of Uttarakhand., ® ``In camera proceeding" means proceedings wherein the Compctent Authorityraout allows only those persons who are necessary to be present while heain'g and deciding the witness protection application or disposing in the court; (g) ``Live I.ink" means a live television link or other Such arraligement in electrquic form whereby the witness may give evidence in questioned suit while absent from the Court room; 01) "Offence" means those offences which ae punishable with death or life impdsonment or an inprisonment of seven years or more and also oifences punishabl: under Section 354, 354A, 3548, 354C, 354D and 509 of Indian Penal Code. (i) "Protection measures" means the measures taken by C.ompctent Authority/court so that the withe8ses may give evidence in suit without fear of their nfe and reputationoroftheirfamilymembers; 0) ``State Witness protection Fund" means the fund created under section 3 for bearing the expenses incurred during the implementation of witness protection order passed bytheCompetentAuthorityunderthisActi -3pmRT Tree. 06 q€, 202O ±O @¥ma 16, 1942 ¥TtF iTqit) 11 q[) "Threat Analysis Report" means such detailed report which is prepared by the Sub Divisional Magistrate, Additional Saperintendent of Police/Circle officer and Zonal officer/Specich Branch investigating the seriousness and credibility Of the threat given to the witness or his family members which shall contain specific details about threat to the witless or members of his flchly or risk of their life, property or resources. It shall chso specify the th]neat perception apart from snggesting the specific witness protection steps which deserve to be taken in the matter; (I)6`Witness"meanssuchpersonwhohasmedeastatement or who has given or agreed to give evidence in relation to any offence as may be pescribed or who|possessed informationordocunentaboutanyoffenceregardedby the Competent Authorfty as being material to any criminalproceedingorisrequiredtobegivenprotection or other assistance under this Act; (in)"Witnesspl.otectionapplication"meansanapplication moved by the witness before Compctent Authority in prescribedfcrmforseckingwitnes§protectionorder.It may be moved by the wimess or by members of his family or his duly engag6d counsel or SHO/S0 in- charge or Superintendent of Police, prison concerned and sane shall preferchly be forwnded through the Prosecution Officer concerned; (n)`.Witnes8protectionorder"meansanorderissuedfrom thelevelofCompetentAuthorityonthebasisofthreats analysisreport.ofthewitnessorhisfamilymembers; (o) "Witness protection cell" means cell constituted at districtlevelregardingwitnessprotectionwhosedutyis toimplementthewitnessprotectionorderabsolutely.At district level, this cell Shall be headed by Senior SuperintendentofPolice/Superintendentofpolice, 12 tiTi<i<si`i€ alti.iiEii+tui 7Tue, 06 F¥, 2020 €0 (aenu 16. 1942 ¥TiF iTRI`) Part 11 Procedure to be followed regarding witness protection State witness 3. (a) There shall be a fund at state level for the expenses incurred protection Fund during the implementation of witless protection order passed by the Competent Authority or any other related expenditure for witness protection, a3) The witness protection fund shall comprise the following- (i) budgetary allocation made in the Annual Budget by the State Goverrment; (ii)receipt of amount of fines imposed under section 357 of the Code of Criminal Procedure, 1973 ordered to be deposited by the Courv Tribunals in the witness protection fund; (iii)donations/contributions from International/National/ Charitable institutions/Organizations and individuals, . permitted by the State Government; (iv) funds contributed under corporate social responsibility, (c) The said fund shall be operated by the Home Department under State Government. mstrict Magistrate or officer nominated by him shall have the rigiv of distribution and disbursing the amount distributed to the disticts from State level. Submittingthe 4. The witless protection application regarding protection of application the witness shall be submitted before the Competent before Authority along with the desired document, in two copies, Competent either directly or throuch the Trial Court or through authorrty Superintendent of pri son. Procedure for S. ( 1 ) As and when an application is received by the Competent processing the Authority in the prescribed form, it shall forthwith pass application an order for calling the threat analysis report from the regarding SeniorSup?riutendentofPolice/SuperintendentofPolice providing of the concerned district, investigating the case. witness protection -eri<i<a`.a €ii<iiE«`cLjT 7Tine, 06 T±, 2020 €0 (a¥Tra 16, 1942 ¥ra5 iTREj 13 (2) Depending upon the urgency in the matter owing to imminent threat, the Senior Superintendent of Police/ Superintendent of Police of district may pass the intedm order for the protection of witness and his finily member during the pendency of the application, but the final order shall be passed only by the Compctent Authority. (3) The threat analysis raput shall be prepared by the Senior Superintendent of Police or Supedmendent of Police of district concerned investigating the case and shall make available the threat analysis report to the Competent `Authority while maintaining full confidendality within five working days Of receipt of the order issued by the Compctent Authority. (4) The Competent Authority may issue the witness protection order by determining the category of withess on the basis of threat analysis report. (5) All the hearings on witness protection application Shall be held in-camera by the Compctent Authority while maintaining full confidentiality. (6) Senior Superintendent of Police/ Superintendent of police of concerned districts shall be authorized to provide witness protection by self evaluation of the life danger to witness even without the application. Ex-Post facto sanction of such order regarding witness protection from the Competent Authority must be taken. (7) The witless protection order passed dy the Competent Authority shall bc , implemented dy the Witness Protection Cell of the district. Overall responsibility of implementation of witness protection order shall lie on S SP/SP of the concealed district. Provided that if the witness protection order is passed by the Compctent Authority for change of identity or relocation, the required. measures shall be taken by SSP/SP of district concemc;d regarding its enforcement. 14 tlTi<itsluG erenuTquT True, 06 F€, 2020 €0 (ai!TRI 16, 1942 ¥TtF iTFqiT`) (8) Upon passing of a witness protection order, the Witness Proteedon Cell shall produce a monthly follow up report before the Competent Authority in prescribed formet. (9) The Competent Authority shall review the witness protection order quarterly. If any application is moved in this regard by the witness or police, in such case a fresh threat analysis report may be called for from the SSP/SP. Thereafter, further order sha]] be passed by the Competent Authority on the basis of Threat Analysis Repeft. Types of The witness protection measure ordered shall be protection proportionate to the threat and shall be for a specific duration measures not exceeding three months at a time. It may include following measures:- (a) Ensuring that witness and accused do not come face to face during investigation or trial; (b) Monitoring of mails and telephone calls; (c) Arrangement with the telebhone company to change the witness's telephone number or provide him or .her an unlisted telephone number. (d) Installation of sechrity devices in the witness's home such as security doors, CCTV, alarms, fencing, etc; (e) Concealment of identity of the witness by refndng to him/her with the changed name or alphabet; (D Emergency contact person for the witness; / (g) Close protection and regular patrolling around the withess's house; th) 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 fundcd conveyance for the date of hearing; ¢) Holding of in~camera trials; ¢Ti<it9i`i{s €iltiiEii<ii True, 06 q€, 2020 ¥0 (a¥ITur i6, 1942 ¥TiF tTRE) 15 a£) Allowing a support person to remain present during recording of statement and deposition; (1) 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 witness and accused with option to lnodify the image of face of the witness and to modify the audio feed of the withess' voice, so that he/she is not identif]able; (in) ensuring expeditious recording of the statement of witness during trial on day to day basis withclut adjournments; (n) Awarding time to time periodical financial aids/grants to the witness from State Withess Protection Fund for the purpose of re-location, sustenance or starting a new vocation/profession, if necessary; (o) Any other form of protection measures, which may consider necessary. Monitoringand 7. Once the protection cnder is passed, the Competent Authority review shall .monitor its inplementedon and shall review the same on the basis of follow-up report. However the Competent Authority shall review the witness protection order on quarterly basis based on the monthly follow-up reports submitted `by the Witness Protection Cell. Part Ill Protection of identity of witness Protection of 8. (I) Durihg the course of investigation or trial of any serious identity offence, an application for seeking identity protection may be filed before the Competent Authority. Upon receipt of the application, the Competent Authority shall examine the threat analysis report and also enquire about the witness or his family member or any other person whom it deems fit to ascertain whether there is any necessity or not to pass an identity protection order. 16 ¢Ti{Iuu¢ aiqiqi<ui TrFT, o6 q€, 2o2o €o @¥TTa 16. ig42 ¥ffi HRIj (2) During the course of hearing of the application, the identity of the witness shall not be revealed to any other person. Media shall also not have right for its publication. Thereafter the competent authority may diapose ot`f the application as per material avndable on the record. (3) On passing the order for concealment of identity of witness dy the Competent Authority, said order shalt be implemented by the Witness -Protection Cell by coordinating with all concerned agencies. Part IV rmscellancous Witness to.be 9. lt shall be mandatory for Investigathg Officer/Cout to apprised of tlie infonn each and every witness about the existence of this Act provision of the and its salient features. Act Confidentiality 10. (1) The Competent Authority/Deparfuent/Officer Of Witness and Protection Cell/ SSP/S.H.O./lawyers from both sides and preservation of other concerned employees shall maintain full confideirfulity records in this regard and shall ensure that under no circumstance, any record, dcoument or information qua the proceedings under this scheme shall be shared in any manner except the whtten order of Trial Court/ Appellate Court. (2) All the records pertaining to prceeedings under this scheme shall be preserved till such time the related trial or Appeal thereof is pending before a cout of law. After three years of disposal of the last cout proceedings, the hard copy of the record may be weeded out by the Cbmpetent Authority after preserving the scanned soft copies of the same. If the witness has lodged a false complaint, the Competent Recovery of 11. expons¢s Authority may issue the order for recovery of expenses incuned from the state witness protection fund and may initiate any other legal proceedings. Review 12. In case the witness or the police officer is aggrieved by the decisions of the Competent Athority, a review application may be filed within fifteen days of passing of the orders by the Competent rfuthority. `]Ti`cltsius iriii'i`:+i-`t'`+I TrGTE, 06 F€, 2020 €0 (aiTRI 16, 1942 ¥Ti5 tHq) 17 Decision not to ]3. The decisions of Competent Authority shall not be action.able be actionable in Civil Courts. Appiicabirty of 14. The provision of clause ts) and clause (h) of sub section (1) of certain Section 8 of the fight to Information Act, 2005 shall be provisions of applicable on all proceedings related to the identity of Right to witless, witness protection order and review order. Information Act Power to make 15. (1) The state Government may, by notification, make rules to rules cany out the provisions of this Act. (2) Every rule made under this section shall, as soon as may be after it is made, be laid before the state legislature, Power to 16. If any difficulty arises in giving effect to the provision of this remove Act, the State Government may, by a notification or order, difriculties make ,such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difflculty: Provided that no order shall be made after the expiration of a period of two years from the commencement of this Act. By Order, PPIEM SINGH KHIMAL, Secretary