How can a witness get protection in a criminal case involving threats?

Question

I am a key witness in a criminal trial and am being threatened by the accused side to change my statement. What protection can I seek? 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 Constitution of India Art.21 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, approved by the Supreme Court in Mahender Chawla v. Union of India, provides for categorisation of threat perception (Categories A, B, C) and corresponding protection measures like police escort, identity change or relocation.

An application can be made to the Witness Protection Cell of the police or directly to the Competent Authority/court handling the case, which decides based on the threat analysis report.

BNSS provisions on recording of statements and in-camera proceedings can be invoked to shield witness identity and testimony from the accused where necessary.

The court can also issue directions restraining the accused from contacting or intimidating the witness, and violation can attract contempt or separate criminal intimidation charges.

Victims/witnesses of sexual offences and organised crime cases receive priority and more robust protection measures under the scheme.

In practice, in this order: 1) File a written complaint of threat with the investigating officer or Witness Protection Cell; 2) Apply to the trial court/Competent Authority for a threat assessment and protection order; 3) Request in-camera examination or video-conference testimony if identity concerns exist; 4) Report any violation of protection directions immediately for contempt or fresh criminal action.

Timing matters here: Witness Protection Scheme 2018 works on limitation periods, so a witness protection scheme 2018 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.