Bharatiya Nagarik Suraksha Sanhita, 2023
Section 398
Witness protection scheme
Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.
Why this exists
Witnesses often face threats, intimidation, or harm for testifying, which can lead them to turn hostile or refuse to cooperate, undermining the entire justice system's ability to find the truth. This section makes it mandatory for every State to have a formal, published scheme to safeguard witnesses, converting what had earlier been recognised through court directions into a binding statutory requirement.
How courts read it
The Supreme Court earlier directed all States and Union Territories to implement a witness protection framework, recognising that witnesses facing threats and intimidation often could not safely testify; this section builds that requirement directly into the statute so every State must formally notify its own scheme.
Common misconceptions
- Myth: Witness protection in India is only an informal courtesy police departments can choose to offer.
Fact: This section makes it a legal requirement for every State Government to prepare and notify a formal Witness Protection Scheme.