Amendment status not verified — confirm the current text below against the official source.
(a) There shall be a fund at state level for the expenses incurred 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. application before Competent authorrty Procedure for S. processing the application regarding providing witness protection The witless protection application regarding protection of the witness shall be submitted before the Competent Authority along with the desired document, in two copies, either directly or throuch the Trial Court or through Superintendent of pri son. ( 1 ) As and when an application is received by the Competent Authority in the prescribed form, it shall forthwith pass an order for calling the threat analysis report from the SeniorSup?riutendentofPolice/SuperintendentofPolice of the concerned district, investigating the case. -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`) Types of protection measures (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. The witness protection measure ordered shall be proportionate to the threat and shall be for a specific duration 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 Monitoringand 7. review Protection of 8. identity 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. Once the protection cnder is passed, the Competent Authority 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 (I) Durihg the course of investigation or trial of any serious 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 Witness to.be 9. apprised of tlie provision of the Act Confidentiality 10. and preservation of records Recovery of 11. expons¢s Review