What protection can a witness get if they fear threats for testifying in a criminal case?

Question

I am a witness in a criminal case and I am receiving threats to change my statement. What legal protection is available to me? Before I spend money on it, I want to know whether Witness Protection Scheme 2018 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Witness Protection Scheme 2018, BNSS 2023 s.398 and Bharatiya Nyaya Sanhita 2023, Section 232 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

The Witness Protection Scheme 2018, given constitutional backing by the Supreme Court in Mahender Chawla and now statutorily referenced under BNSS s.398, allows a witness to apply to the competent authority (headed by the District Judge) for protection measures based on a threat assessment.

Protection can range from police patrolling near the residence and identity concealment in court records to complete relocation and change of identity in extreme cases classified as Category A threats.

BNSS s.398 empowers courts to pass orders for recording of statements through video conferencing, in-camera proceedings, or screening the witness from the accused to prevent intimidation while testifying.

Threatening a witness to prevent them from giving true evidence is itself an offence under BNS s.232 (giving false evidence) read with provisions on intimidation, and can attract separate prosecution.

Applications for protection are meant to be processed on a priority basis and can be filed at any stage of investigation, inquiry or trial, not only after a threat has materialised.

In practice, in this order: 1) File a written application for protection before the Deputy Commissioner of Police or the competent authority under the Scheme; 2) Report every specific threat with dates, calls or messages as evidence; 3) Request in-camera or video-conference testimony from the trial court if you fear facing the accused; 4) Inform the investigating officer immediately so protective police measures can be arranged.

Timing matters here: Witness Protection Scheme 2018 works on limitation periods, so a witness protection scheme claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.