fRER TS Exicius EXTRAORDINARY TR & v Published by Authority TlSecrotyeip.
¥. 70, UIE AN, AR, 9 AT, 2024 No. 70, Port Blair, Tuesday, July 9, 2024 ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT NOTIFICATION Port Blair, dated the g™ July, 2024, No. 65/2024/F No M-130948/32/2024-Home-Section-Sectt— In exercise of powers conferred by Section 398 of Bhartiya Nagarik. Suraksha Sanhita, 2023 (BNSS, 2023) read with delegation of power -received vide Notification No.S.0. 2506(E) dated 28.05.2024, issued by Ministry of Home Affairs, Govt, of Indla and in pursuance of Judgment dated 05.12.2018, passed by the Hon'ble Supreme Court in Writ Petition (Criminal) No. 156 of 2016- [Mahender Chawla & Ors. -Vs- Union of India & Others], the Lieutenant Governor (Administrator), Andamah and Nicobar Islands is hereby pleassd to frame the following Scheme, namely :— :
1. SHORT TITLE AND COMMENCEMENT; .
i. This Scherne may be called the “Andaman and Nicobar Islands Witness Protection Scheme- 20247, ) ii. This Scheme shall come into force on the date of its publication in the Official Gazetts of Union Territory of Andaman and Nicobar Islands. . -
PART-|
2. DEFINITION: In this Scheme, unless the context otherwise requires:
a. "Sanhita means Bhartiya Nagarik Suraksha Sanhita (BNSS, 2023);
b. “Family. Member’ includes parents / guardian, spouse, live-in-partner; siblings, children, grand children of the witnesses;
) c. “Conicealment of Identity of Witness(es)" means-and includes any condition prohibiting publication or revealing, in any manner, directly or indirsctiy of the name, address and other particulars, which may lead to the identification of the witness{es) during the investigation, trial and post-trial stage;
d. "Competent Authority’ means a Standing. Committee in each District chaired by District and Sessions Judge as Chairperson with Head of Police in the District as Member and Head of Prosecution in the District as its Member Secretary.
&. "Form” means “Witness Protection Application Form” appended to this Scheme;
f. "In Camera Proceedings™ means proceedings wherein the Competent Authority / Courts allows only those persons who are necessarily to be present while hearing and deciding the witness protection application or deposing in Court; .
g. "Live Link" means and include a live video link or other such arrangement whereby a witness, while not being physically present in the Court Room for deposing in the matter or interacting with the Competent Authority;
h. "Witness Protection Measures” means measure spelt out in Clause 7, Part-lll, Part-IV and Part-V of the Scheme. - 2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JULY 08, 2024~ i. "Offence’ means those offenses, which are punishable with' death or life imprisonment or an imprisonment upto 7 years and above and also offences punishable under Sections 74, 75, 76, 77, 78 & 79 of BNS;
j. “Threat Analysis Report " means a detailed report prepared and submmed by Head of Police in the District investigating the case with regard to the sericusness and credibility of the threat perception to the witness or his / her family members. It shall contain specific details about the nature of threats faced by the witness or his / her family to their life, reputation or property apart from analyzing, the extent, the person(s) making the threat, have the intent, motive and resources to implernent the threats. It shall also categorize the threat perception apart from suggesting the specific witness protection measures, which deserve to be taken in the matter;
k. - “Witness” means any person, who possesses information or document about any offence;
. "Witness Protection Application” means an application moved by the witness in the pr‘escribed form before a Competent Authority through its Member Secretary for seeking Witness Protection Order. It can be moved by the witness, his / her family member(s), his / her duly engaged Counsel or
1.0/8HO/SDPO/Jail Superintendent concarned;
m. “Witness Frotection Fund " means the fund created for bearing the expenses incurred during the implementation of Witness Protection Order passed by the Competent Authority under this Scheme;
n. “Witness Protection Order’ means an order passed by the Competent Authority detailing the witness protection measures to be taken;
0. ‘Witness Protection Cell” means a dedlcated Cell, constituted in each district of Umon Territory of Andaman and Nicobar Islands to implement witness protection orders, passed by the Competent Authority and to ensure the safety and security of witnesses in criminal cases, in order to faciitate the investigation, prosecution and trial of criminal offences, without witnesses being'.intimidated or frightened to give evidence.
The words and expressions used in this Clause and not defined here, shall have the same meaning as assigned to them in the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023).
PART-I
3. CATEGORIES OF WITNESSES AS PER THREAT PERCEPTION:
CATEGORY ~ “A” :
Where the threat extends to life of witness or his / her family members, during ihvestigation / trial or thereafter.
CATEGORY - “B” :
- Where the threat extends to safety, reputation or property of the witness or his / her family members during the investigation / trial or thereafter.
CATEGORY - “C” : ) Where the threat is moderate and extends to harassment or intimidation of the witness or his / her family members, reputation or property, during the investigation / trial or thereafter.
4. STATE WITNESS PROTECTION FUND :
2. There shall be a Fund namely, the Witness Protection Fund from which the expenses incurred during the implementation of the Witness Protection Ordef, passed by the Competent Authority and other related expenditure shall be met.
b. The Witness Protection Fund shall comprise the fellowirig :- o i. Budgetary ailocation shall be made in the Annual Budget by the U.T. Administration of A&N Islands ;
ii. Receipt of amount of cost imposed / ordered to be deposited by the Courts / Tribunals in the Witness Protection Fund ;
iii. Donation of contribution from Philanthropists / Charitable Institutions / Organisations and individuals permitted by the Government ;
iv. Funds contributed under Corparate Social'Responsibility ;
¢. The fund shall be operated by the DDO, Police Head Quarter, A & N Administration.
2 .. THE ANDAMAN AND NICOBAR_ EXTRAORDINARY GAZETTE, JULY 09, 2024 3
8. FILING OF APPLICATION BEFORE COMPETENT AUTHORITY @ The application for seeking protection order under this Scheme can be filed In the prescribed form (Annexure-A) before the Competent Authority of the concerned District, (where the offence is committed) . through its Member Secretary along with supporting document(s), if any.
6. PROCEDURE FOR PROCESSING THE APPLICATION :
2. As and when an application Is received by the Member Secretary of the Competent Authority in the prescribed form, he shall forthwith pass an order for calling for the threat Analysis Report from the Dy. SP (HQ) of the concerned District (Chairperson, District Witness Protection Cell).
b. Depending upon the urgency in the matter owing to imminent threat, the Competent Adthority can _pass orders of interim protection of the witness or his / her family members during the pendency of the application :
Provided that rothing shall preclude police from providing immediate protection in case of grave and imminent thireat to the life of the applicant and his / her family members. .
¢. The Threat Analysis Report shall be prepared expeditiously while maintaining full confidentiality and it shall reach the Competent Authority within 05 working days of receipt of the Order d. ‘The Threat Analysis ‘Report shall categorize the threat perception and also include suggestive protection measures for providing adequate protection to the witnesses or his / her family members . While processing the application for witness protection, the Competent Authority shall also interact preferably in person and if not possible through electronic means with the witness and / or his / her family members / employess or any other persons deemed fit, so as to ascertain the witness protection needs of the witness, . _ f. All the hearings on Witness Protection Application shall be held in-camera by the Competent Authority while maintaining full confidentiality. =~ g. An application shall be disposed of within 05 ‘working days of receipt of Threat Analysis Report from the Dy.SP(HQ) of the concerned District (Chairperson, District Witness Protection Cell).
h. The Witness Protection Order passed by the Competent Authority shall be implemented by the Witness Protection Cell of the concerned District or the Trial Court, as the case may 'be. Overall responsibility of implementation of all Witness Protection Orders, passed by the Competent Authority * shall lie-on the Head of the Police of the concemed District of U.T. of A& N Islands.
However, the Witness Protection Order, passed by the Competent Authority for change of identity and / or relocation, shall be implerented by Home Department of A & N Administration.
i Upon passing of a Witness Protection Order(s), the Witness Protection Cell shall file a monthly follow-up report before the Competent Authority.
j. In case the Competent Authority finds that there is a need to revise the Witness Protection Order or an application is moved in this regard and upon completion of trial, a fresh Threat Analysis Report shall be called from- the Dy.SP(HQ) of the concerned District (Chairperson, District Witness Protection Cell), , -
7. TYPES OF PROTECTION MEASURES:
The witness protection meastres ordered shall be proportionate to the threat and shall be for a specific duration not exceeding three months at a time. This may include :- a. Ensuring that witness and accused do not come face to face during investigation or trial;
b. Monitoring of mails and telephone calls;
. Arrangement with the telephone company to change the witness telephone numbers or assign him / » her an unlisted telephone number; - 4 THE ANbAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JULY 08, 2024 . | a Installation of security device in the witness's home such as security doors, CCTVs, Alarms, Fencing ete.
.
. Concealment of identity of the witness by referring to him / her with the changed name or alphabet; | . Emergency contact persons for the witness;
. Close protection, regular patroliing around the witness's house;
> @ = 0 . Temporary change of residence to a relative’s house or nearby town;
i, Escort to and from the Court and provision of Govt. Vehicle or.khé Govt. funded conveyance for the date of hearing;
j. Holding of in-camera trials; .
k. Allowing a support person to remain present during recording of statement and deposition;
|. Usage of specially designed vulnerable witness Court Rooms which have special arrangements like live video links, one-way mirrors and screens apart from separate passages for witnesses and accused, with option to modify the image of face of the witness and to modify the audio feed of the witness's voice, so that he / she is not identifiable;
.
m. Ensuring expeditious recording of deposition during trial on a day-to-day basis without adjournments;
n. Awarding time to time periodical financial aids / grants. to the witness from Witness Protection Fund for the purpose of relocation, sustenance of starting @ new vocation | profession as may be considered necessary;
0. Any other form of protection measures considered necessary.
3. MONITORING AND REVIEW Once the protection order is passed, the Competent Authority would monitor its implementation and can review the same in terms of follow-up reports received in the matter. However, the Competent Authority shall review the Witness Protection Orders on quarterly basis, based on the monthly follow-up reports submitted by the Witness Protection Cells.
PART-ll
9. PROTECTION OF IDENTITY :
i, During the course of investigation or trial of any offence, an application for seeking identity protection can be filed in the prescribed form pefore the Competent Authority, through its Member Secretary.
ii. Upon receipt of such application, the Member Secretary of the Competent Authority shall call for the Threat Analysis Report. The Competent Authority shall examine the witness or his / her family members or any other person(s) it deer fit to ascertain whether there is necessity to pass an identity protection order.
During the course of hearing of the application, the identity of the witness shall not be revealed to any other person, whish is likely to lead to the witness identification. The Competent Authority can - thereafter dispose of the application as per the material available on record.
il iv. Once, an order for protection of identity of witness is passed the Competent Autharity, it shall be the responsibility of the Witness Protecticn Cell to ensure that identity of such witness / his or her family members including name / percentage / occupation / address / digitai foot prints are fully protected v. As long as identity of any witness is protected under an order of the Competent Authority, the Witness Protection Cell shall provide details of persons, who can be contacted by the witness in case of emergency.
’ THE ANDAMAN AND-NICOBAR EXTRAORDINARY GAZETTE, JULY 09, 2024 5
PART-IV
10.CHANGE OF IDENTITY .
12
13.
In appropriate cases, where there is a request from the witness for change of identity and based on the Threat Analysis Report, a decision can be taken for conferring a new identity to the witness by the Competent Authority.
Conferring new identities include name / profession / parentage and providing supporting documents acceptable by the Government Agencies. The new Identities should not deprive the witness from existing educational / professional / property rights.
PART-V RELOCATION OF WITNESS : s In appropriate cases, where there is a request from the witness for relocation and based on the Threat Analysis Report, a decision can be taken for relocation of the witness by the Competent Authority.
The Competent Authority may pass an order for witness relocation to a safer place within the Union Territory of A & N iIslands or any Territory of Indian Union, keeping in view of the safety, welfare and wellbeing of the witness. The expenses shall be borne from the Witness Protection Fund. -
PART-VI . APPRAISAL OF THE SCHEME TO THE WITNESS ;
Wide publicity should be given by the Home - Department of A & N Administrafion about the “Witness Protection Scheme”. The Investigating Officers and the Courts shall inform witnesses about the existence of “Witness Protection Scheme” and its salien: features.
CONFIDENTIALITY AND PRESERVATION OF RECORDS :
Alt stakeholders inciuding the Police, the Prosecution Department, Court Staff, Lawyersfrom both " sides shall maintain full confidentiality and shall ensure that under no circumstances, any record,
14.
18.
document or information in relation to the procesdings under this Scheme shall be shared with any person in any manner except with the Trial Court / Appsllate Court and that t00,-on a written order from the Competent Authority.
All the records pertaining to proceedings under this Scheme shall be preserved till such time the relatéd trial or appeal thereof is pending before a Court of Law. After one year of disposal of the last Court proceedings; the hard copy of the records can be wesded out by the. Competent Authority after preserving the scanned soft copies of the same. .
RECOVERY OF EXPENSES : D YERT UF LAFENSES In case the witness has lodged. a false complaint, the Home Department of Andaman and ‘Nicobar Administration can initlate proceedings for recovery of the expenditure incurred from the Witness Protection Fund. .
REVIEW:
In case. the witness or the police authorities are aggrieved by the decision of the Competent Authority, 2 Review Application with grounds / supporting documents may be filed before the Competent Authority to review its decision, within 15 days of passing the orders by the Competent Authority.
By order and in the name of the Lt. Governor, Andaman and Nicobar Islands - Sd./- (Dr. PRASHANT KUMAR}) Special Secretary (Home) Andaman and Nicobar Administration JULY 09, 2024 6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, ANNEXURE-A APPLICATION FORM FOR WITNESS PROTECTION To = The Competent Authority, District, A &N Islands.
Application for:
1. Witness Protection
2. Witness Identity Protection
3. New ldentity
4. Witness Relocation (To be filled in duplicate) 1 Particulars of the witness (Fill in Capital):
Name Age Gender(Male / Female / Other) Father's / Mother's Name Reslidential Address Name and other details of family members of the witness who are receiving or perceiving = B k ol ol threats
7. Contact details (Mobile / e-mail) 2 |Particular of Criminal Case:
4. FIRNo.
2. Under Section 3, Police Station
4. District 5, G.D. No.(In case FIR Not yet registered )
6. Cr. Case No. (in Case of Private complaint) 3 |Particulars of the Accused (if available / Known):
- 1. Name
2. Address
3. Phone No.
4. Emailid® 2 | Name and other particulars of the person Giving / suspected of giving threats 5 |Nature of threats: .
Please give brief details of threat recsived in the matier with specific, date, place, mode and words used 6 |Type of witness protection measures prayed.by / for the witness ) 7 | Details of interim / Urgent Witness Protection, required, if {any.
5, Applicant/ Witness can use extra sheets for giving additional infort — (Full. Name with Signature) mation.
~_ THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JULY 09, 2024 7 UNTERTAKING X
1. I undertake that | shall fully cooperate with the Competent Authority, Home Department of A & N Administration, Union Territory of A & N Islands and Witness Protection Cell.
2. | certify that the information provided by me in this application is true and correct to my best knowledge and belief.
3. | understand that in case, Informétion given by me in this application is found to be false, Competent Authority under this Scheme reserves the right to recover the expenses incurred on me from out of the Witness Protection Fund, ) (Full Name with Signature) MGPPB—70/Gazette/2024 — 40 Copies. (ES-DTP-5)