While taking a major stride towards implementing the three new Criminal Laws in the state, the Haryana Government has rolled out a new scheme ‘Haryana Witness Protection Scheme, 2025’ to ensure the protection of the witnesses in the State.

A notification to this effect has been issued by the Home Department. The scheme will apply to the witnesses of those offences which are punishable with death or life imprisonment or imprisonment upto seven years and above.

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It will also cover punishments under sections 74, 75, 76, 77, 78, and 79 of the Bharatiya Nyaya Sanhita, as well as under sections 8, 10, 12, 14, and 15 of the Protection of Children from Sexual Offences Act, 2012.

Under the scheme, there will be three categories of witnesses based on the threat perception. Category A includes situations where the threat extends to the life of the witness, their family members, or any person in whom the witness is interested, during the investigation or trial, or thereafter.

Category B involves cases where the threat extends to the safety, reputation, or property of the witness, their family members, or any person in whom the witness is interested, during the investigation, trial, or thereafter.

Category C applies where the threat is moderate and involves harassment or intimidation of the witness, their family members, or any person in whom the witness is interested, affecting their reputation or property, during the investigation, trial, or thereafter.

A series of witness protection measures have been outlined under the “Haryana Witness Protection Scheme, 2025.”

These include ensuring that the witness and the accused do not come face to face during investigation or trial; monitoring of mails, emails, telephone calls, etc; and arrangements with the telephone company to change the witness’s telephone number or assign an unlisted number.

The other measures are the installation of security devices such as security doors, CCTV, alarms and fencing in the house or workplace of the witness, his family member(s), or the person in whom the witness is interested; concealment of the witness’s identity by referring to them with a changed name or alias; provision of emergency contact persons for the witness; close protection, including ( physical personal security and bodyguard, regular patrolling or stationing of a PCR van around the house, workplace of the witness, his family members or any person in whom the witness is interested.

The witness protection measures also include temporary change of residence to a relative’s house or a nearby town/city; escort to and from the Court including the provision of a government vehicle or state-funded conveyance on the date of the hearing; holding of in-camera trials; allowing the recording of the witness’s statement and deposition via audio-video electronic means from a place, including his or her abode or a designated place, to ensure the best safety and security; allowing a support person to remain present during the recording of the statement and deposition; use of specially designed vulnerable witness courtrooms equipped with facilities such as evidence through audio-video electronic means, one-way mirrors, screens, and separate passages for witnesses and the accused.

There will also be an option to modify the witness’s facial image and audio feed to prevent identification.; ensure the expeditious recording of depositions during the trial on a day-to-day basis without adjournments; provide appropriate periodical financial assistance to the witness from the witness protection fund for relocation, sustenance, or starting a new vocation or profession, as deemed necessary and any other protection measures that the administrative department may consider appropriate for this scheme.

The witness protection measures will be proportionate to the level of threat and will be provided for a specific duration, not exceeding three months at a time. All hearings related to witness protection applications will be held in-camera by the competent authority, ensuring full confidentiality

An application for seeking a protection order under this scheme will have to be filed before the competent authority through its Member Secretary, where the offence is committed. The application should be accompanied by authentic identification proof and any other supporting documents in support of his request.

Upon receiving an application, the Member Secretary will promptly call for a threat analysis report from the Deputy Commissioner of Police or Superintendent of Police concerned, to be submitted within two working days. Depending on the urgency of the matter, due to an imminent threat, the competent authority may issue orders for the interim protection of the witness, his family members, or any person in whom the witness is interested, during the pendency of the application.

The threat analysis report will be prepared expeditiously while maintaining full confidentiality and will be submitted to the competent authority within five working days of receiving the order. In processing the application for witness protection, the competent authority will also interact with the witness, their family members, any person in whom the witness is interested, employers, or other relevant individuals, either in person or via audio-video electronic means, to assess the witness’s protection needs.

All hearings related to witness protection applications will be held in-camera by the competent authority, ensuring full confidentiality. The application will be disposed of within five working days of receiving the threat analysis report from the police authorities. The witness protection order issued by the competent authority will be implemented by the Witness Protection Cell or the Trial Court.

The overall responsibility for implementing all witness protection orders passed by the competent authority will rest with the Director General of Police. However, witness protection orders involving changes of identity and/or relocation, as provided in clauses 12 and 13 of the Scheme, will be implemented by the Administrative Department.

A Witness Protection Cell will be established in each district, headed by the Deputy Commissioner of Police or Superintendent of Police of the district concerned. The primary responsibility of the Witness Protection Cell will be to implement witness protection orders issued by the competent authority.

During the hearing of the application, the identity of the witness will not be disclosed to any other person, which is likely to lead to the identification of the witness. The competent authority will then dispose of the application based on the available material on record.

Once an order for the protection of a witness’s identity is issued by the competent authority, it will be the responsibility of the Witness Protection Cell to ensure the full protection of the witness’s identity, including the name, parentage, occupation, address, digital footprints, and other identifying details of the witness, their family members, or any person in whom the witness is interested.

In cases where a witness requests a change of identity, and based on the threat analysis report, the competent authority may decide to grant the witness a new identity. This may include a new name, profession, or parentage, along with providing supporting documents that are acceptable to government agencies. The new identity will not deprive the witness of their existing educational, professional, or property rights.

Similarly, in cases where a witness requests relocation, and based on the threat analysis report, the competent authority may decide to grant the request. The competent authority may issue an order for the relocation of the witness to a safe location within the state or any part of the Indian Union, considering the safety, welfare, and well-being of the witness, their family members, or any person in whom the witness is interested. The expenses will be covered by the witness protection fund or, if the witness agrees in writing, by the witness themselves.