Introduction 

• Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) represents a significant departure from the Code of Criminal Procedure, 1973 (CrPC). 
• The cornerstone of any criminal justice system lies in its ability to deliver fair and impartial justice, which heavily depends on the testimony of witnesses.  
• In India, the evolution of witness protection has been a gradual process, shaped by numerous judicial pronouncements, legislative reforms, and societal needs.  
• The introduction of the Witness Protection Scheme 2018 and its subsequent incorporation into criminal law frameworks marks a significant milestone in India's justice delivery system. 

What is a Witness? 

• About: 
  • A witness is a person who has personally seen an event happen. The event could be a crime or an accident or anything. Section 118-134 of the Indian Evidence Act, 1872 (IEA) talks about who can testify as a witness, how can one testify, what statements will be considered as testimony, and so on. 
  • As per Section 118 of IEA, a competent witness is one who has the capacity and ability to understand the questions put to him by the court. If he has the understanding of questions and the ability to give rational answers, then he is a competent witness. 
  • Any person can be a witness. There’s no restriction as to who a witness can be. 
  • A person, either male or female, a child or aged, can be a witness. The only restriction is that if a person does not understand the questions and is not able to answer rationally, then he is not a competent witness. 

Historical Development of Witness Protection in India 

• The journey of witness protection in India has been marked by several pivotal moments.  
• The Supreme Court, through various judgments, has consistently emphasized the need for protecting witnesses.  
• In Zahira Habibullah Sheikh v. State of Gujarat (2004), the apex court highlighted how the prosecution's case often falls apart due to witnesses turning hostile, primarily due to threats, intimidation, or inducement by powerful accused persons. 
• The 14th Law Commission Report first brought attention to this critical issue, followed by subsequent reports that emphasized the urgent need for a comprehensive witness protection framework.  
• The Malimath Committee Report further strengthened these recommendations, leading to gradual reforms in the criminal justice system. 

Witness Protection Scheme 2018 

• This landmark scheme introduced a structured approach to witness protection, categorizing witnesses based on threat perception: 
  • Category A: High-threat cases involving life risk. 
  • Category B: Threats to safety, reputation, or property. 
  • Category C: Moderate threats involving harassment or intimidation. 

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Section 398 

• Section 398 of the BNSS represents a significant advancement in witness protection legislation.  
• Key provisions include: 
  • Legal Recognition: Formal incorporation of witness protection into statutory law. 
  • Mandatory Protection: Makes witness protection a right rather than a privilege. 
  • Comprehensive Coverage: Extends protection to family members. 
  • Implementation Framework: Establishes clear procedures for protection measures. 
  • Resource Allocation: Mandates creation of witness protection funds. 

Challenges in Implementation 

Resource Constraints: 

• Financial limitations in state budgets. 
• Infrastructure inadequacies. 
• Personnel shortage in protection units. 

Operational Challenges: 

• Coordination between different agencies. 
• Maintaining confidentiality in the digital age. 
• Balancing protection with witness rights. 

Social Aspects: 

• Impact on witness families. 
• Professional disruption. 
• Community integration issues. 

Conclusion 

The evolution of witness protection in India, particularly with the introduction of Section 398 of the BNSS and the Witness Protection Scheme 2018, represents a significant step forward in strengthening the criminal justice system. However, successful implementation requires continued commitment from all stakeholders, adequate resource allocation, and regular updates to address emerging challenges.