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Opinion and suggestion sought on 'Witness Identity Protection and Witness Protection' paper
New Delhi: September 1, 2004

The Law Commission has invited Opinion and Suggestion on a Consultation Paper on "Witness Identity Protection and Witness Protection Programme". The Consultation Paper released recently aims at ensuring that evidence of witnesses that has already been collected in a criminal case at the stage of investigation is not allowed to be destroyed by intimidating witnesses when the case comes up for trial. The phenomenon of witnesses being intimidated with threats and even elimination of their lives has been causing grave concern to the criminal justice system in our country. Several recent pronouncements of the Supreme Court of India including the one in Best Bakery case, have highlighted the need for a legislation of anonymity of witnesses and witness protection programmes.

The Consultation Paper is divided into four parts. Part - I is general, dealing with the need for a new law on protection of witnesses in criminal cases. Part - II, a comparative study of case law and statute on anonymity of witnesses in United Kingdom, Australia, New Zealand, Canada, South Africa, United States of America has been discussed. This part also deals with the decision relating to the trial before the International Criminal Tribunal in Yugoslavia and Rwanda, and the statutes and rules applicable to those proceedings. Part - III deals with the witness protection programmes in various countries. The Questionnaire as given in Part - IV is divided in two parts. One part deals with questions seeking responses on issues relating to the witness anonymity, and the other deals with questions seeking responses on issues relating to witness protection programmes.

The Consultation Paper running into about 310 pages is also available on the website of the Law Commission of India, i.e., www.lawcommsionofindia.nic.in and responses to the Questionnaire should reach the Member Secretary (Dr. K.N. Chaturvedi), Law Commission of India, Room No.730, 'A' Wing, 7th Floor, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110 001 by post or through e-mail at knchaturvedi@nic.in. The last date for receipt of the responses is 30th November, 2004.

Press Release: PIB
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