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Section 7: Procedure for providing protection to witnesses.

The Maharashtra Witness Protection and Security Act, 2017State Act of Maharashtra · Act 9 of 2018

(1) (a) If the witnesses in the criminal trial received threat to their lives, they may, make an application to the concerned District Committee for protection, stating therein the nature of threat to their lives and from whom it is received.

(b) In case of any complaint made in any police station by any witness under the Act, the same shall be forwarded by the police officer immediately to the concerned District Committee for necessary action.

(2) In case of minor witness, the parent or guardian may make an application to the concerned District Committee for protection of that minor witness.

(3) The Committee shall upon receipt of an application or suo moto, without any delay take necessary action for providing protection to witnesses. The Committee may forthwith call a report regarding threat perception from an officer not below the rank of Assistant Commissioner of Police or Deputy Superintendent of Police of the District, as the case may be.

(4) The Committee may, depending upon the degree of threat perception, take decision to provide interim protection to the witnesses, in a criminal trial, till the receipt of the report.

(5) Upon the receipt of the report, the Committee shall make detailed enquiry about the threat perception and may direct the Assistant Commissioner of Police or Deputy Superintendent of Police, as the case may be, to provide protection to the person whose life is in danger, if the protection is not provided.

(6) The Committee may provide the protection to the witnesses for short duration and if the threat perception continues, the Committee may extend the period, from time to time, till the Committee thinks fit.

(7) The decision of the Committee for providing protection shall be final.

(8) The nature and duration of the protection shall be as decided by the Committee.

Where this provision sits

ActThe Maharashtra Witness Protection and Security Act, 2017
Section7
Marginal noteProcedure for providing protection to witnesses.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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