Haryana Launches “Witness Protection Scheme, 2025” to Ensure Safety of Key Witnesses

In a significant step towards strengthening the justice system and safeguarding vulnerable witnesses, the Haryana Government has introduced the “Haryana Witness Protection Scheme, 2025”. This scheme aims to provide a secure and safe environment for witnesses involved in high-profile criminal cases, where threats to their safety could undermine the integrity of the legal process. The scheme will apply to witnesses of crimes punishable by death, life imprisonment, or imprisonment for seven years or more, and also covers specific offenses under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Witness Categories Based on Threat Perception

The scheme categorizes witnesses into three distinct groups based on the level of threat they face, ensuring that protection measures are tailored to the severity of the risks involved:

Category A: Witnesses who face a direct threat to their life, or to the lives of their family members or anyone closely associated with them, during the investigation, trial, or afterwards. This category includes the most critical cases where immediate and extensive protection is required.
Category B: Witnesses who are at risk of harm to their safety, reputation, or property, or to those of their family members or associates. These threats could involve intimidation, harassment, or other forms of coercion that may impact the witness's ability to participate in the judicial process.
Category C: This category is for witnesses who face moderate threats, such as harassment, intimidation, or property damage. Although the risks in this category are lower compared to A and B, the threat is significant enough to warrant protective measures.

Comprehensive Protection Measures Outlined in the Scheme

The Haryana Witness Protection Scheme, 2025 provides an extensive range of protection measures to ensure the safety and security of witnesses during all phases of the legal process, from investigation to trial and beyond. These measures include:

No Contact Between Witness and Accused: A key feature of the scheme is the prevention of direct interaction between the witness and the accused during investigation and trial stages, minimizing the opportunity for coercion or harm.
Communication Monitoring and Privacy: The scheme will allow for the monitoring of witness communications, including mails, telephone calls, and emails, ensuring that no confidential information can be accessed by the accused or any other parties who might attempt to intimidate the witness.
Phone Number Alterations: For enhanced protection, the telephone company will be required to either change the witness's phone number or assign them an unlisted number, making it harder for the accused or their associates to contact them.
Enhanced Security at Witness's Residence or Workplace: Witnesses will be provided with security devices such as CCTV cameras, alarms, and security doors at their homes or workplaces. Physical barriers like fencing may also be installed to prevent unauthorized access.
Identity Concealment: To further protect the witness, their identity can be concealed by using a changed name or alias. This ensures that the witness's safety and anonymity are maintained, even as they engage in legal proceedings.
Emergency Contacts and Physical Protection: Emergency contacts will be assigned to the witness, and physical security will be provided through bodyguards or personal security personnel. Regular patrolling by law enforcement or stationed PCR vans near the witness's home or workplace will also be part of the protection strategy.
Temporary Relocation: If necessary, the witness may be relocated temporarily to the residence of a relative or a nearby town or city. This measure helps to reduce immediate threats and provides a safe space for the witness and their family.

Specialized Legal Proceedings and Courtroom Arrangements

In addition to physical protection, the scheme focuses on ensuring that witnesses can testify without fear or intimidation in court. Special measures include:

Escort to Court: Government vehicles or state-funded conveyance will be provided to witnesses for transportation to and from court, ensuring they can attend hearings without encountering any risks along the way.
In-Camera Trials: To shield witnesses from public exposure, trials can be conducted in-camera, meaning no media or other parties will be allowed in the courtroom. Witness statements and depositions can also be recorded via audio-video technology, allowing the witness to testify from a safe location.
Vulnerable Witness Courtrooms: Specially designed courtrooms equipped with facilities such as one-way mirrors, screens, and separate passages for witnesses and the accused will be used. This arrangement minimizes the likelihood of witnesses coming into contact with the accused and ensures their safety while giving testimony.
Facial and Audio Modification: In certain cases, the witness’s facial image and audio feed can be modified to prevent identification during court proceedings, further safeguarding the witness's identity.

Financial Assistance and Expedited Legal Proceedings

The scheme provides financial support to witnesses facing relocation or other significant disruptions to their lives. Periodical financial assistance from the Witness Protection Fund will be available for relocation, sustenance, or to help the witness start a new life or career.

Additionally, expedited hearings will be arranged to ensure that the trial progresses without unnecessary delays, and that the witness’s testimony is recorded on a day-to-day basis, reducing the chances of prolonged exposure to risk.

Application and Confidentiality Protocols

To request protection under this scheme, witnesses must submit an application to the competent authority, along with proof of identity and relevant supporting documents. The competent authority will then assess the threat through a threat analysis report from the Deputy Commissioner of Police or Superintendent of Police. Upon receipt, the authority will take swift action, issuing interim protection orders when necessary.

In-Camera Hearings for Protection Applications: All hearings related to witness protection will be conducted in-camera, ensuring that the details of the application remain confidential and that the witness’s identity is not disclosed to any unauthorized parties.
Timely Processing of Applications: Applications will be processed expeditiously, with the competent authority making a decision within five working days after receiving the threat analysis report.

Implementation of Protection Orders and Monitoring

Once a Witness Protection Order is issued, the Witness Protection Cell within each district will be responsible for its execution. The cell, headed by the Deputy Commissioner of Police or Superintendent of Police, will ensure that the necessary protective measures are put in place.

In cases where the witness's identity needs to be changed, the competent authority may order a new identity, complete with new personal details, which will be maintained confidentially by the relevant authorities. If relocation is required, the witness may be moved to a safe location within Haryana or elsewhere in India, and the necessary expenses will be covered by the Witness Protection Fund or, if agreed upon, by the witness themselves.

Role of the Witness Protection Cell and Confidentiality

The Witness Protection Cell will handle all aspects of witness protection, ensuring that witness identities and related information remain confidential. The responsibility of safeguarding the witness’s identity, address, digital footprint, and other personal details will lie with the cell, ensuring no disclosure to unauthorized individuals.

Through these comprehensive measures, the Haryana Witness Protection Scheme, 2025 is designed to ensure that witnesses can participate in legal proceedings without fear of retaliation, ultimately strengthening the state’s justice system and promoting transparency and fairness in legal matters.