Centre says absence of witness protection programme hurting crime fight

NEW DELHI:  The Centre on Tuesday admitted in Parliament that the absence of a witness protection programme was one of the reasons for the low conviction rate in criminal cases in the country. Union minister of state for home affairs,

Hansraj Ahir, however, told the Lok Sabha that a witness protection scheme prepared by the ministry was submitted to the Supreme Court, which approved it on December 5, 2018.

“Lack of witness protection is one of the reasons amongst others for low conviction rate,” Ahir said in a written reply. He said the witness protection scheme, approved by the Supreme Court, had come into effect from the date of the judgement.

According to home ministry statistics, the conviction rate in IPC crimes in 2016 and 2015 was 46.8 per cent and 46.9 per cent, respectively, while the conviction rate in 2014 was 45.1 per cent.

The issue of a witness protection scheme had cropped up when the top court was hearing a public interest litigation (PIL) seeking protection for witnesses in rape cases involving Asaram Bapu. The Supreme Court had said that they made some changes in the Centre’s draft scheme. 

The scheme, finalised in consultation with the National Legal Services Authority and the Bureau of Police Research and Development, has three categories of witnesses based on the threat perception. The scheme provides for identity protection and giving a new identity to the witness. Under the scheme, witnesses can file an application seeking a protection order before the competent authority in the district where the offence is committed.

This competent authority will be chaired by a district and sessions judge, with head of the police in the district as member and head of the prosecution in the district as its member secretary.  

The authority, when it receives an application, has to call for a Threat Analysis Report from the ACP/DSP in charge of the police sub-division concerned.The protection measures envisaged under the scheme are to be applied in proportion to the threat and are not expected to continue indefinitely.