Section 398 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Witness Protection Scheme.

Code: section 398

Every State Government shall prepare and notify a Witness Protection Scheme
for the State with a view to ensure protection of the witnesses.

Explanation:

This section mandates every State Government to create and publicly announce a Witness Protection Scheme for their respective states. The goal of this scheme is to ensure the safety and security of witnesses who are crucial to the legal process.

Illustration:

• A witness in a high-profile criminal case may be placed under the Witness Protection Scheme due to threats to their life or safety.
• The scheme may involve relocating the witness, changing their identity, and providing them with security personnel.
• The scheme aims to encourage witnesses to come forward without fear of reprisal, thereby aiding in the administration of justice.

Common Questions and Answers:

• Q: Who is eligible for the Witness Protection Scheme?
  A: Witnesses who face threats or are in danger due to their testimony are eligible for the scheme. The specific criteria may vary from state to state.
• Q: What kind of protection is provided under the scheme?
  A: Protection measures can include relocation, identity protection, security personnel, and financial assistance. The specific measures depend on the individual case and the assessed level of risk.
• Q: Is the witness protection scheme mandatory?
  A: While the scheme itself is mandatory for every state, participation in the scheme is voluntary for witnesses.
• Q: How can a witness apply for protection?
  A: The application process is usually handled by the investigating agency or the court. Witnesses can request protection through their lawyer or by contacting the appropriate authorities.