The Delhi Witness Protection Scheme, 2025

 

The Delhi Witness Protection Scheme, 2025: A Landmark Initiative for Justice

By Abhishek Jat, Advocate

The Delhi Witness Protection Scheme, 2025 has been introduced by the Government of the National Capital Territory of Delhi to safeguard witnesses from potential threats, intimidation, and coercion. This initiative, effective from February 28, 2025, aims to ensure that witnesses can testify without fear, thereby strengthening the judicial system. Witnesses often face significant risks while assisting in criminal proceedings, making this scheme a crucial step in upholding the rule of law.

To address varying levels of threats, the scheme categorizes witnesses into three distinct groups. Category A includes individuals whose lives or those of their family members are at risk. Category B pertains to witnesses facing threats to their safety, reputation, or property. Meanwhile, Category C covers those subjected to harassment or intimidation, which may affect their dignity or assets. This classification ensures that appropriate protective measures are taken based on the severity of the threat.

A key component of the scheme is the establishment of the State Witness Protection Fund, which provides financial resources for implementing protective measures. This fund is sourced from state budgetary allocations, court-imposed costs, and contributions from philanthropic entities approved by the Lieutenant Governor of Delhi. Managed by the Home Department, the fund plays a critical role in covering expenses associated with ensuring the safety of witnesses.

The application process for witness protection follows a structured approach to guarantee swift and effective action. Upon receiving a request, the Member Secretary of the Witness Protection Committee orders a Threat Analysis Report, which must be completed within five days. If an immediate threat is identified, interim protection may be granted even before the final decision is made. The competent authority is required to dispose of the application within five days of receiving the report. Once a protection order is issued, the Witness Protection Cell of the Delhi Police or the Trial Court is responsible for its implementation. A monthly compliance report is submitted to the competent authority to ensure accountability.

The scheme outlines various protection measures designed to shield witnesses from harm. These include preventing direct encounters between the witness and the accused during legal proceedings, monitoring their communications, and facilitating changes to their phone numbers and addresses. Security enhancements, such as CCTV surveillance, alarm systems, and reinforced doors, may be installed at the witness’s residence. In high-risk cases, witnesses may be relocated or provided with police escorts when attending court hearings. The scheme also mandates that trials involving protected witnesses be conducted without unnecessary adjournments to minimize exposure to danger.

A significant aspect of the scheme is the provision for protecting a witness’s identity. Witnesses can apply for identity protection through the Member Secretary, ensuring that their personal details remain confidential. In certain cases, the competent authority may authorize a change of identity, including a new name, profession, and supporting documents. These measures are designed to prevent retaliation while ensuring that the witness retains their legal and professional rights.

Maintaining strict confidentiality is paramount under this scheme. Law enforcement agencies, prosecutors, court officials, and legal representatives are bound to uphold the privacy of witnesses, preventing any unauthorized disclosure of information. Only a written order from the trial or appellate court can permit access to sensitive details, ensuring that the scheme operates within a framework of legal oversight.

The Delhi Witness Protection Scheme, 2025 is a groundbreaking reform in the Indian legal system, reinforcing the safety of individuals who step forward to support justice. By offering financial support, structured protection, and stringent confidentiality measures, it ensures that witnesses can provide testimony without fear of reprisal. This initiative sets a precedent for similar programs across the country, ultimately enhancing the credibility and effectiveness of the judicial process.