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? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What protection can a witness get if they fear threats for testifying in a criminal case? is governed in India primarily by Witness Protection Scheme 2018, BNSS 2023 s.398 and Bharatiya Nyaya Sanhita 2023, Section 232. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact 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.

What to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Witness Protection Scheme 2018 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.