Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023

Section 480

Witness protection scheme

Trial of Summons Cases by Magistrates

Plain English Explanation

State governments must create a Witness Protection Scheme. The scheme must cover: (i) Safety of witnesses and their families; (ii) Relocation of witnesses; (iii) Change of identity; (iv) Physical protection and security. Courts can still pass additional orders for witness protection as they see fit. This is a landmark provision — witness turning hostile due to threats has been a long-standing problem in Indian criminal justice. This gives legal backing to the Witness Protection Scheme, 2018 already approved by the Supreme Court.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 480

(1) The State Government shall, in co-ordination with the Central Government, prepare a scheme for ensuring protection to the witnesses. (2) The scheme referred to in sub-section (1) shall identify the measures for ensuring safety of witnesses, their family members and related persons. (3) Such scheme shall provide for relocation, change of identity, protection, security and such other measures as may be specified therein. (4) Nothing in this section shall prevent the Court from passing such orders for the protection of any witnesses as it thinks necessary.

Keywords

witness protectionwitness safetywitness relocationchange of identitywitness schemehostile witnessSupreme Court witness protection

Related Sections

CrPC Equivalent

No direct equivalent — entirely new provision in BNSS (Supreme Court had directed this in Mahender Chawla v. Union of India, 2018)

View CrPC (Repealed) →

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