Haryana NEWS : The Haryana Government has taken a significant step towards implementing the three new Criminal Laws by introducing the “Haryana Witness Protection Scheme, 2025,” aimed at ensuring the safety of witnesses in the state.
The Home Department has officially notified the scheme, which applies to witnesses in cases involving offences punishable by death, life imprisonment, or imprisonment of seven years or more. It also covers specific provisions under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act, 2012.
Categorization of Witnesses Based on Threat Perception
The scheme classifies witnesses into three categories based on the level of threat they face:
- Category A: Witnesses facing threats to their life, or to the lives of their family members or associates, during or after the investigation and trial.
- Category B: Witnesses whose safety, reputation, or property—along with that of their family members or associates—is at risk.
- Category C: Witnesses facing moderate threats, such as harassment or intimidation, affecting their reputation or property.
Comprehensive Witness Protection Measures
The scheme outlines various protective measures, including:
- Preventing direct encounters between the witness and the accused during the investigation and trial.
- Monitoring communications such as mail, emails, and phone calls.
- Changing or unlisting the witness’s phone number for added security.
- Installing security features like CCTV, alarms, security doors, and fencing at the witness’s home or workplace.
- Concealing the witness’s identity using aliases.
- Assigning emergency contact persons for immediate support.
- Providing physical security through bodyguards, police patrols, or stationed PCR vans near the witness’s residence or workplace.
- Temporary relocation of the witness to a safer location.
- Escort services to and from the court, including government-provided transport.
- Conducting in-camera trials and allowing witnesses to record statements remotely via audio-video electronic means.
- Permitting a support person to accompany the witness during testimony.
- Using specialized vulnerable witness courtrooms equipped with one-way mirrors, separate entrances, and voice/image modification technology to prevent identification.
- Ensuring fast-tracked recording of witness depositions to minimize delays.
- Providing financial assistance from the Witness Protection Fund for relocation, sustenance, or starting a new profession if necessary.
- Implementing additional protective measures as deemed appropriate by the administration.
The protection measures will be granted based on the level of threat and will be valid for a specific period, not exceeding three months at a time.
All witness protection hearings will be conducted in-camera by the competent authority to maintain strict confidentiality.
To apply for protection under this scheme, a witness must submit an application through the Member Secretary in the jurisdiction where the offence occurred. The application must include valid identification and relevant supporting documents. Upon receiving the application, the Member Secretary will immediately request a threat analysis report from the Deputy Commissioner of Police or Superintendent of Police, which must be submitted within two working days. If there is an imminent threat, the competent authority may grant interim protection to the witness, their family, or any concerned individual while the application is being processed. The final threat analysis report will be prepared confidentially and submitted within five working days.
During the evaluation process, the competent authority will communicate with the witness, their family members, employers, or other relevant individuals, either in person or via audio-video means, to assess the level of protection required. The final decision on the application will be made within five working days of receiving the threat analysis report. Once issued, the witness protection order will be enforced by the Witness Protection Cell or the Trial Court, with overall implementation responsibility resting with the Director General of Police. However, cases involving identity change or relocation, as per clauses 12 and 13 of the scheme, will be managed by the Administrative Department.
Each district will have a dedicated Witness Protection Cell, led by the Deputy Commissioner of Police or Superintendent of Police, responsible for implementing protection orders. Throughout the application process, the witness’s identity will remain undisclosed to prevent any risk of exposure. Once an identity protection order is issued, the Witness Protection Cell will safeguard all personal details, including name, family background, occupation, address, and digital presence.
If a witness requests a change of identity, the competent authority, based on the threat analysis report, may approve a new identity, including a new name, profession, or parentage, with official documentation to support the change. This will not affect the witness’s existing educational, professional, or property rights. Similarly, if relocation is deemed necessary, the competent authority may authorize the witness’s move to a secure location within Haryana or anywhere in India, ensuring their safety and well-being. The relocation expenses will be covered by the witness protection fund or, if agreed upon in writing, by the witness themselves.