-----1----- Government of Goa Department of Home Notification 2/42/2017-HD(G)/536 Date: 18-Feb-2025 In exercise of the powers conferred by section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023) and in supersession of the Witness Protection Scheme, 2018, published vide Government Notification No.2/42/2017-HD(G)/418 dated 11/02/2020 in the Official Gazette, Series I No.47 dated 20/02/2020, the Government of Goa hereby makes the following Scheme for the State of Goa, with a view to ensure protection of the witnesses namely:-
1. Short title, extent and commencement.- (1) This Scheme may be called the Goa Witness Protection Scheme, 2025.
(2) It shall extend to the whole of the state of Goa.
(3) It shall come into force on the date of its publication in the Official Gazette.
2. Definitions.- In this Scheme unless the context otherwise requires,
(a) "Act" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No.46 of 2023);
(b)"Concealment of Identity of Witness" means and includes any condition prohibiting publication or revealing of in any manner, directly or indirectly, the name, address and other particulars which may lead to the identification of the witness during investigation, trial and post-trial stage;
(c) "Competent Authority" means a Standing Committee in each District chaired by the District and Sessions Judge with the Head of the Police in the District as a member, an officer not below the rank of the Additional District Magistrate to be nominated by the District Magistrate as a member and the Head of the Prosecution in the District as the Member Secretary;
(d) "Family Member" includes parents or guardian, spouse, live-in partner, siblings, children, grandchildren of the witness and the spouse of the siblings, children and grandchildren of the witness;
(e) "Form" means the Witness Protection Application Forms hereto;
(f) "In Camera Proceedings "means, proceedings wherein the Competent Authority or Court allows only those persons who are necessarily to be present while hearing and deciding the witness protection application or deposing in the court;
(g) "Live Link" means and include a live video link or other such arrangement including any electronic communication through any audio - video electronic means;
(h) "Witness Protection Measures "means the measures provided in clauses 7, 8, 9, 10 and 11 of this Scheme;
(i) "Offence" means those offences which are punishable with death or life imprisonment or an imprisonment up to seven years and above and also offences punishable under sections 74, 75, 76, 77, 78 and 79 of the Bharatiya Nyaya Sanhita,2023 (Central Act No. 45 of 2023);
(j) "Threat Analysis Report" means, a detail report to be submitted by the Superintendent of Police in the District, investigating the case with regard to the seriousness and credibility of the threat perception to the witness or his/her family members. It shall contain specific details about the nature of -----2----- threats faced by the witness or his/her family to their life, reputation or property apart from analyzing the extent, the person or persons making the threat who have the intent, motive and resources to implement the threats;
(k) "Witness" means any person, who has made a statement or who has given or agreed to give evidence in relation to any offence and who possesses information or document about any offence as being material to any criminal proceeding or is required to be given protection or assistance under this scheme;
(l) “Witness Protection Application" means an application submitted by a witness before a Competent Authority for Witness Protection Order. It can be moved either in offline or online mode by the witness, his/her family member, his/her duly engaged counsel or the Investigating officer or officer in charge of the police station who has jurisdiction of the case or Sub-Divisional Police Officer or Jail Superintendent concerned;
(m) "Witness Protection 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 to implement the witness protection measures;
(n) "Witness Protection Order" means an order passed by the Competent Authority detailing with the witness protection measures to be taken;
(o) "Witness Protection Cell" means a cell constituted at district level for implementation of the witness protection order, which shall be headed by the Superintendent of Police. Other suitable person(s) may be co-opted by the head of the cell;
(p) "State Witness Protection Authority" means an authority constituted at the State level for witness protection consisting of the Senior-Most Secretary of Home Department of Goa as Chairperson and Director General of Police, Goa, Inspector General of Police, Goa and Director of Prosecution of the State of Goa as members. Any other member may be co-opted by the authority. This authority shall regulate its own procedure, meet at least once in every six months and shall take all the steps as deemed necessary by it for the effective implementation and monitoring of the Scheme.
3. Categories of witness as per threat perception .- (i) Category 'A': Where the threat extends to the life of a witness or his/her family members, during investigation or trial or thereafter.
(ii) Category 'B': Where the threat extends to safety, reputation or property of the witness or his/her family members, during the investigation or trial or thereafter.
(iii) Category 'C: Where the threat is moderate and extends to harassment or intimidation of the witness or his/her family member's reputation or property, during the investigation or trial or thereafter.
4. State Witness protection fund.- (1) The Government shall constitute a fund called Witness Protection Fund for incurring expenses during the implementation of the witness protection measures as per the Witness Protection Order passed by the Competent Authority and other related expenditure.
(2) The Witness Protection Fund shall comprise the following;
(i) Budgetary allocation made in the Annual Budget by the State Government;
(ii) Receipt of amount of costs imposed or ordered to be deposited by the Courts or Tribunals in the Witness Protection Fund;
(iii) Donations or contributions from Philanthropist or Charitable Institutions or Organizations and individuals permitted by the Government.
-----3-----
(iv) Funds contributed under the Corporate Social Responsibility.
5. Filing of Applications before the competent authority.- The applicant shall file an application for seeking protection order under this scheme in Form– I hereto before the Competent Authority of the concerned District where the offence is committed, along with supporting documents, if any. The application shall be filed in offline or online mode.
6. Procedure for processing the application.- (1) On receipt of application, the Competent shall pass an order immediately calling for the Threat Analysis Report from the District Superintendent of Police.
(2) Depending upon the urgency in the matter owing to imminent threat, the Competent Authority may pass order for interim protection of the witness or his/her family members during the pendency of the application:
Provided that nothing shall preclude police from providing immediate protection in case of grave and imminent threat to the life of applicant and his/her family members.
(3) On receipt of the order from the Competent Authority, the District Superintendent of Police shall prepare the Threat Analysis Report in Form-Il, hereto expeditiously while maintaining full confidentiality which shall be forwarded to Competent Authority through electronic means within five working days from the date of receipt of the order from the Competent Authority.
(4) The Threat Analysis Report shall categorize the threat perception and also include suggestive protection measures for providing adequate protection to the witness or his/her family.
(5) While processing the application for witness protection, the Competent Authority shall also interact either in person or through electronic means, with the witness and or his/her family members or employers or any other person deemed fit so as to ascertain the protection needs of the witness. The Competent Authority may also conduct its meeting through live link. The Competent Authority shall meet at least once in every two months including via live link, for addressing such application of witness for protection.
(6) All the hearings on Witness Protection application shall be held in-camera by the competent authority while maintaining full confidentiality.
(7) An application received under clause 5 of this Scheme shall be disposed of by the Competent Authority within five working days from the date of receipt of threat analysis report from the police authorities.
(8) The Witness Protection Order passed by the Competent Authority shall be implemented by the Witness Protection Cell or the Trial Court, as the case may be. The Competent Authority shall cause to send a copy of the Witness Protection Order to the Investigation Officer of the case and to the court which is empowered to take the cognizance of the concerned case or to the Court in which the trial is pending and to the public prosecutor of the case concerned. Overall responsibility of implementation of all Witness Protection Orders passed by the Competent Authority shall lie on the Head of the Police in the State. In case of any change of identity and /or relocation of the Witness, it shall be implemented by the Inspector General of Police, Goa.
(9) Upon passing of a Witness Protection Order, the Witness Protection Cell shall file a monthly follow-up report before the Competent Authority.
(10) 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 District Superintendent of Police.
-----4-----
7. Types of Protection measures.- The witness protection measures ordered shall be proportionate to the threat and shall be for a specific duration not exceeding three months at a time and may include,
(a) ensuring that witness and accused do not come face to face during investigation or trial;
(b) monitoring of mail and telephone calls;
(c) arrangement with the telephone company to change the witness's telephone number or assign him or her an unlisted telephone number;
(d) installation of security devices in the witness's home such as security doors, CCTV, alarms, fencing etc.;
(e) concealment of identity of the witness by referring to him or her with the changed name or alphabet;
(f) emergency contact persons for the witness;
(g) close protection, regular patrolling around the witness's house;
(h) temporary change of residence to a relative's house or a nearby town;
(i) escort to and from the court and provision of Government vehicle or a State funded conveyance on the date of hearing;
(j) holding of in-camera trials;
(k) allowing a support person to remain present during recording of statement and deposition;
(l) usage of specially designed vulnerable witness court rooms which have special arrangements like live 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' voice, so that he or 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 or grants to the witness from Witness Protection Fund for the purpose of re-location, sustenance or starting a new vocation or profession, as may be considered necessary;
(o) any other form of protection measures considered necessary.
8. Monitoring and Review.- (1) Once the protection order is passed, the Competent Authority shall monitor its implementation and can review the same in terms of follow-up reports received in the matter.
(2) The Competent Authority shall review the Witness Protection Order on a quarterly basis based on the monthly follow-up report submitted by the Witness Protection Cell.
9. Protection of Identity.- (1)During the course of investigation or trial of any offence, an application for seeking identity protection can be filed in Form – I, before the Competent Authority.
(2) Upon receipt of the application, 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 as it deems fit to ascertain whether there is necessity to pass an identity protection order.
(3) During the course of hearing of the application, the identity of the witness shall not be revealed to another person, which is likely to lead to the witness identification. The Competent Authority shall thereafter, dispose of the application as per material available on record.
-----5-----
(4) Once an order for protection of identity of witness is passed by the Competent Authority, it shall be the responsibility of the Witness Protection Cell to ensure that identity of such witness or his/her or her family members including name or parentage or occupation or address or digital footprints are fully protected.
(5) As long as the 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.
10. Change of identity.- (1) 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 an identity to the witness by the Competent Authority.
(2) Conferring new identities shall include new name, profession, parentage and providing supporting documents acceptable by the Government Agencies. The new identities shall not deprive the witness from existing educational, professional and property rights.
11. Relocation of Witness.-(1) 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.
(2) The Competent Authority may pass an order for witness relocation to a safer place within the State or territory of the Indian Union keeping in view the safety, welfare and wellbeing of the witness.
These expenses shall be borne from the Witness Protection Fund.
12. Witness to be apprised of the scheme.- The Investigating Officer and the Court shall inform witnesses about the existence of Witness Protection Scheme and its salient features.
13. Confidentiality and preservation of records. – (1) All stakeholders including the Police, the Prosecution Department, Court Staff, Lawyers from both sides shall maintain full confidentiality and shall ensure that under no circumstance, any record, document or information in relation to the proceedings under this scheme shall be shared with any person in any manner except with the approval of Trial Court or Appellate Court and that too, on a written order.
(2) All the records pertaining to proceedings under this scheme shall be preserved till such time the related 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 weeded out by the Competent Authority after preserving the scanned soft copies of the same.
14. Recovery of expenses.- In case the witness has lodged a false complaint, the Home Department of the concerned Government can initiate proceedings for recovery of the expenditure incurred from the Witness Protection Fund. These expenses shall be recovered as arrears in land revenue.
15. Review.- In case the witness or the police authorities are aggrieved by the decisions of the Competent Authority, a review application may be filed before the Competent Authority within 15 days of passing of the order by the Competent Authority and the decision of Competent Authority on such review application shall be final and no appeal shall lie against such order before any authority.
-----6----- To The Competent Authority District Application for (Tick as applicable) Witness Protection Witness Identity Protection New Identity Witness Relocation FORM-I (See Clause-5, 9) Witness Protection Application Particulars of the Witness (Fill in CAPITAL LETTERS) Name Date of Birth and Age Gender (Male / Female / Transgender) Father / Mother name Residential Address Mobile Number Email ID Aadhar Number (attach a self-attested copy) Any other Government ID (voter ID / PAN / Driving license / Other) [attach a self-attested copy] Name and details family members of the victim who are facing threats (including self) Particulars of the case FIR number Police station Sections and Act(s) involved Year of the FIR GDE or daily diary number (if FIR not yet registered) CR case number (in complaint cases to magistrate) Particulars of the Accused (if known / available) Name Father / mother name Address Mobile Number Email ID Particulars of the person who is giving or suspected to be giving threats Name Father name Address Mobile number Email Other details known (if any) Threat Perception Nature of the threat perception. Please give a brief of the threat received in the matter with specific date, place, mode and words used.
Types of the witness protection measures prayed for by the witness Please give details of what kind of protection is prayed for.
Details of the urgent / immediate witness protection measures required, if any.
Note: Witnesses can use extra sheets, if needed and attach with the application.
-----7----- UNDERTAKING
(1) I shall fully cooperate with the competent authority, Department of Home and the witness protection cell.
(2) I certify that the information provided by me is correct to the best of my knowledge and belief.
(3) I understand that if the information filed by me is found incorrect, competent authority reserves the right to recover the expenses incurred on me from the witness protection fund.
Name of the Witness:
Signature:
Date:
Place:
-----8----- FORM –II {See clause - 6} The Threat Analysis Report to be submitted by the District Superintendent of Police, under the Goa Witness Protection Scheme, 2025 Particulars of the Witness (Fill in CAPITAL LETTERS) Name Date of Birth and Age Gender (Male /Female/ Transgender) Father/ Mother name Residential Address Mobile Number Email ID Aadhar Number (attach an attested copy) Any other Government ID (voter ID/PAN/Driving license/Other) [attach a self-attached copy] Name and details of the family member(s) of the victim who are facing threats (including self) Particulars of the case FIR number Police station Sections and Act(s) involved Year of the FIR GDE or daily diary number (if FIR not yet registered) CR case number (in complaint case to magistrate) Particulars of the Accused (if known/available) Name Father/mother name Address Mobile number Email ID Particulars of the person who is giving or suspected to be given threats Name Father name Address Mobile number Email Other details known (if any) Threat Perception and Analysis Nature of the threat perception. Please give a brief of the threat received in the matter with specific date, place, mode and words used History of enmity (if any) Details of body injury causing death, grievous hurt, injury and threat of injury to properly, reputation etc.
Potential Vulnerabilities of the Witness Physical location of the Applicant Vulnerability with regard to gender issues i.e. threat of gender violence like acid attacks / physical/emotional /psychological abuse etc.
Any social Vulnerability Possession of weapon by the threatening party Political patronage/Socially dominant position of the threatening party Witness against gangsters or organized criminals Threat of contract killing or abduction Vulnerabilities on social media Extent of threat Categories of Witness as per Threat perception and Analysis Category 'A': Where the threat extends to the life of a witness or his/her family members during investigation/ trail or thereafter.
Category 'B' : Where the threat extents to safety, reputation or property of the witness or his/her family members, during the investigation/trail or thereafter -----9----- Category 'C': Where the threat is moderate and extends to harassment or intimidation of the witness or his/her family member's reputation or property, during the investigation/ trial or thereafter.
Protection Measures Prayed or Recommended Please give details of what kind of protection is prayed for by the witness.
Details of the Interim/ urgent / immediate witness protection measures required, if any Protection measures Suggested for the witness (please specify the approximate cost involved in each measure suggested) Note: The witness protection measures shall be proportionate to the threat analysis and shall be for a specific duration not exceeding 3 months at a time.)
Ensuring that witness and accused do not come face to face during investigation or trial.
Monitoring of mail and telephone calls Arrangement with the telephone company to change the witness's telephone number or assign him or her any unlisted telephone number Installation of security devices in the witness's home such as security doors, CCTV, alarms, fencing etc.
Concealment of identity of the witness by referring him/her with the changed name or alphabets.
Emergency contact persons for the witness Close protection, regular patrolling around the witness's house Temporary Change of residence to a relative’s house or nearly a town Escort to and from the court and provision of Government vehicle or state funded conveyance for the date of hearing Holding of in-camera trials 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 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' voice, so that he/she is not identifiable.
Ensuring expeditious recording of deposition during trail on a day-to-day basis without adjournments.
Awarding time to time periodical financial aids / grants to the witness from Witness Protection Fund for the purpose of relocation, sustenance or starting a new vocation/ profession, as may be considered necessary.
Protection of Identity Change of Identity Relocation of Witness Signature: Name: Date: Place: Mobile: Email:
By Order and in the name of the Governor of Goa.
(Manthan Manoj Naik) Under Secretary (Home-II) (Published in the Official Gazette Series I No.48 dated 27-02-2025) ______________________