Haryana Takes Major Step Towards Implementing Three New Criminal Laws
- HARYANAHEADLINES
- February 20, 2025
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In a significant move to strengthen the criminal justice system and ensure the safety of witnesses in Haryana, the state government has introduced the “Haryana Witness Protection Scheme, 2025.” The Home Department has officially issued a notification to implement this scheme, which aims to provide comprehensive security measures for witnesses involved in serious criminal cases. This initiative aligns with the state’s commitment to ensuring justice by safeguarding those who come forward to testify.
The newly launched scheme applies to witnesses in cases involving crimes punishable by death, life imprisonment, or imprisonment of seven years or more. Additionally, it covers offenses under Sections 74, 75, 76, 77, 78, and 79 of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 8, 10, 12, 14, and 15 of the Protection of Children from Sexual Offenses (POCSO) Act, 2012.
Under the scheme, witnesses are categorized into three groups based on the level of threat they face. The first category includes situations where the witness or their family members are at direct risk of harm during or after the investigation or trial. The second category covers cases where there is a threat to the witness’s safety, reputation, or property, either during or after legal proceedings. The third category consists of cases where the threat level is moderate, but the witness or their family members may still face harassment, exploitation, or reputational harm.
To ensure the security of witnesses, the scheme outlines a range of protective measures. It mandates that during investigations and court proceedings, witnesses should not come face-to-face with the accused. Additional security provisions include surveillance of email and phone communications, coordination with telecom companies to change witness phone numbers or provide unlisted numbers, and the installation of security features like CCTV cameras, alarm systems, and reinforced doors at the homes or workplaces of witnesses. Witnesses may also be given new identities or referred to using altered names to maintain anonymity.
Emergency contact points will be established for witnesses, ensuring immediate assistance in case of threats. Personal security officers or bodyguards may be assigned where necessary, and police patrols will be intensified around the witness’s residence. The scheme also allows witnesses to temporarily relocate to a relative’s house or a nearby town for safety. Special vehicles, either government-funded or state-provided, will be arranged for witnesses traveling to court hearings.
For added security, court hearings related to witness protection applications will be conducted in-camera, ensuring complete confidentiality. Witnesses will also have the option of testifying remotely via audio-video electronic means from a secure location. The scheme mandates the establishment of specially designed, secure courtrooms equipped with one-way mirrors, screens, and separate entrances for witnesses and the accused, ensuring that witnesses’ identities remain protected. Additionally, facial images and audio feeds of witnesses may be altered to prevent recognition.
The Haryana Witness Protection Scheme, 2025, also includes financial assistance provisions. Witnesses may receive monetary support for relocation, sustenance, or starting a new business, as deemed necessary. These protective measures will be implemented for a specified period, generally not exceeding three months at a time, based on the level of threat involved.
Applications for protection orders must be submitted through the Secretary of the District Legal Services Authority in the district where the crime occurred. Upon receiving an application, the Secretary will immediately request a Threat Analysis Report from the Superintendent of Police or Deputy Commissioner of Police, to be submitted within two working days. During the processing period, the competent authority may issue interim protection orders to ensure the immediate safety of the witness or their family.
The Threat Analysis Report will be prepared with strict confidentiality and submitted to the competent authority within five working days. All hearings related to witness protection applications will be recorded on camera, further ensuring privacy. The final decision on witness protection applications will be made within five working days of receiving the police authorities’ report.
Once a protection order is granted, its implementation will be the responsibility of the Witness Protection Cell or the trial court. The overall execution of witness protection orders will be overseen by the Director General of Police. However, any orders related to identity changes or relocation, as specified in Sections 12 and 13 of the scheme, will be executed by the administrative department.
Each district in Haryana will establish a dedicated Witness Protection Cell, headed by the Deputy Commissioner of Police or the Superintendent of Police. These cells will be responsible for enforcing all witness protection orders issued by the competent authority.
During witness protection hearings, the identity of the witness will not be disclosed to any unauthorized individuals. Decisions will be based strictly on the available material on record, ensuring absolute secrecy. Once an order is issued, the Witness Protection Cell will ensure the complete confidentiality of the witness’s identity, including their name, occupation, address, and digital footprint.
In cases where a witness requests a new identity, the competent authority may grant them a fresh name, profession, or parental details based on the Threat Analysis Report. Government agencies will also be required to provide supporting documents for this identity change. However, the new identity will not deprive the witness of their educational, professional, or property rights.
Similarly, if a witness requests relocation and the Threat Analysis Report supports the need for it, the competent authority may approve the transfer of the witness and their family members to a safe location within the country. The expenses for such relocation will be covered either by the Witness Protection Fund or by the witness themselves.
The Haryana government’s proactive approach in introducing the Witness Protection Scheme, 2025, marks a crucial step in ensuring that witnesses feel safe enough to testify without fear. By implementing strong security measures, facilitating anonymity, and providing financial aid, the scheme aims to strengthen the criminal justice system and reinforce public confidence in the legal process. With dedicated enforcement mechanisms and stringent confidentiality protocols, Haryana is set to become a model state in witness protection and criminal law enforcement.
