0.
•Date: Place
•3
•Dale: Place:
•PuticulaIS of the Accused (if available/known): ) Name ) Phonc No.
•CHD, ADMN. GAZ, AUG, 16, 2024 (SRVN. 25, 1946 SAKA)
•4) Emuil id Name & other particulars of the person giving/suspected ol giving thrcats Nature of thrcat perccption Pleasc give bricf detail of threat received in the matter with spccific date, placc, mode and words uscd. Type of witnesS protcction mcasures praycd by/tor the witness.
•Details of lnterim / Urgent Witncss Protection needs, if required.
•Applicant/witness can use extra shcets for giving additional information.
•UNDERTAKING
•(Full Nanme with Signat ure)
•I undertake that I shall fully cooperate with the competent authority and the Home, Union Territory, Chandigarh and Winess Protection Cell. I certify that the information provided by me in this application is tråe and correct to my best knowledge and beliet. I understand that in case, information given by me in this application is found to be false. Conpetent Authorily under the scheme reserves the right to recover the expensed incurred on me from out of the Witness Proteeion Fund.
•This is )igitally Signed Guette o eri; visii: hips:/egazete.chd gorin
•(Full Name with Signature)
•Registered No.-768/97 THE ASSAM GAZETTE
•EXTRAORDINARY
Of.0923
•PUBLISHED BY THE
•AUTHORITY
•R 250 T4, AAatA, 1 yGIR, 2024, 10 , 1946 («#)
No.250 Dispur, Monday. lst July, 2024, 10th Ashadha, 1946 (S. E.)
•GOVERNMENT OF ASSAM
•ORDERS BY THE
•GOVERNOR
•POLITICAL (A)
•DEPARTMENT :
•DISPUR :::
•GUWAHATI
•NOTIFICATION
•The 1st July, 2024
No.PLA-506375/565.-In
•exercise of the pOwers
•conferred under section 398 of the
•Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), the Governor of Assam is
•This Scheme shall be called the Assam Witness
•Protection
•Scheme, 2024.
(a)It shall extend to the whole of the state of Assam.
•It shall come into force on the date of its
•publication in ihe
•Official Gazette.
(b)
•Shot title. coMImencement extent and
(c)"Act" means the Bharatiya Nagarik Suraksha Sanhita, 2023
•(Act No.46 of 2023):
(a)2. Definitions
•"Concealment of Identity of Winess" means and includes
•any condition prohibiting publication or
•revealing of in any
•manner, directly or
•indirectly, the name, address and other
•particulars which may lead to the
•identification of the
•witness during
•investigation, trial and post-trial stage:
•District chaired by the District and Sessions Judge with the
•"Competent Authority" neans a Standing Com1nittee in each
•Head of the Police in the District as Member, an officer not
•below the rank of the
•Adlitional District
•Magistrate to be
•nomibated by the District
•Magistrate as Member and The
•Head of the
•Prosecution in the District as the Member
•Secretary:
(b)(c)
•hereby pleased to make the following Scheme for the State of Assam with a view to ensure
•protection of the
witnesses.
•THE ASSAM
•GAZETTE,
•EXTRAORIDINARY, JULY 01, 2024
•700
•"Faily Meniber includes parents or guardian, spouse, Iive
•in partner, siblings, children,
•grandchildren
•of the witness
(d)
•"Forn" means the Witness
•Protection
•Application Forms
•appended to this Scheme:
(e)
•"ln Camera
•Proceedings" means
•proceedings wherein the
•Competent Authority or Court allows only those persons
•who are
•necessarily to be present wlhile hearing and deciding
•the witiess
•protection
•application or deposing in the court:
•"Live Link" means and include a live video link or other
•such
•arrangement inclúding any
•electronic
•communication
•through any audio -video
•clectronic means:
•() (g)
•ImeasUres
•the
•Protection
•Measures" means
(h)
•"Offence" means those offences which are
•punishable with
•death or life
•inmprisonment or an
•imprisonnent up to Seven
•vears and above and also offences
•punishalble under sections
•74, 75, 76. 77. 78 and 79 ot the Blharatiya Nyaya Sanhita,
•2023 (Act No. 45 of 2023):
•()
•"Threat Analysis Report'" means the detailed report to be
•submitted by the Head of the Police in the District.
•investigating the case with regard to the
•seriousness and
•credibility of the threat
•perception to the witness or his
•family menbers. It shall contain specific details about the
•nature of threats faced by the witness or his family to their
•life, reputation or
•()
•"Witness" mea)s any person, who has Imade a
•statenient or
•who has given o agreed to give evidence in relation to anv
•offence and who
•possesses
•information or
•document about
•any offence by the
•Competent Authority as being material ta
•any criminal
•proceeding or is requred to be g0ven
•protection
•of
•assistance under this scheme:
(k)
•Wilness
•Protection
•Application"' ne.ns
•appliaiol
•subited by a witness hefore a
•Competent
•Authoritv tor
•Wiess
•Protecuon Orde, I ca) be oved either in ottlie
•ot onboe node by the wiless, his family
•unenber, his ul
•engaged comsel or the
•hvestigate getmg otficer or oltice
•in charge or Circle nspector or Deputy
•Superintendent ot
•Adlitonal
•Comissionr of Polce or
•Sub-Divsottal Police
•Officer or Jil
•Supeintendent
cowerned.
•"Winess
•Protection Fund" me.ns the tund Created tor
•bearing the expenses inuned during the
•inplementation ot
•Witness
•Protection Order
(m)and
•the spouse of the siblings,
•children and
•grandchildren of
•the wi<ness; provided in clauses 7.8.9, 10 and l of the Scheme.
•"Witness
•property apart from analvzing the extent.
•the persoIn or persons making the threat who have the intent.
•motive and resources to
•implement the threats: passel by lhe
•Competent
•Authority under this scheme to
•implement the witness
•protecion measues,
•3701
•THE ASSAM
•GAZETTE,
•EXTRAORDINARY, JULY 01, 2024
•"Witness
•Protection Order" means an order passed by the
•Competent Auhority detailing with the witness
•protecion
•measures to be taken:
(n)
•"Witness Protection Cell" means a cell
•constituted at district
•level for
•implennentation of the witness
•protection order.
•which slhall be headed by the
•Superintendent of Police.
•Other suitable person(s) may be co-opted by the head of the
•cell; (o)
•"State Witness
•Protection
•Authority" means an authority
•constituted at the state levei for witness
•protection consisting
•of the
•Senior-Most Secretary of Home and Political
•Department of Assan as
•Clhairperson and
•Additional
•General of Police (CID), Assam.
•Additional
•Director General of Police, Special Branch and Head of the
•prosecution of the state of Assam as
members.Any other
•member(s) may be co-opted by the authority. This authority
•shall regulate its owIn
•procedure, meet at least once in every
(P)
•Where the threat extends to the life of a witness
•or his family
•members, during
•investigation or
•trial or thereafter.
•Category 'A':
•3 Categorics of witness as per threat perception
•Where the threat extends to salety,
•reputation or
•property of the witness or
•Category 'B':
•Where the threat is
•moderate and extends to
•harassmnent or
•intimidation of the witness or his
•family member's
•Category 'C: (1) There shall be a Fund namely, the Witness
•Protection Fund
•for incurring expenses during the
•implementation of the
•Witness
•protection
•measures as per the Witness
•Protection
•4 State Witness Protectíon Fund
•The Witness
•Protection Fund shall comprise the
•following:
•Budgetary allocation made in the Annual Budget
(2)(0)
•Receipt of amount of costs imposed or ordered to be
•deposited by the Courts or
(i)
•and Organizations
•Donations or
•conributions rom
•Philanthropist or
•Institutions
•individuals
•(ii) Funds
•contributed under the
•Coporate Social
Resposibility.
•(iv) six months and shall take all the steps as deeimed
•necessary
•by it for the effective
•implementation and
•monitoring of the
•Director scheme.
•his family members,
•during the
•investigation or trial or thereafter.
•reputation or property during
•the
•investigation or trial or
thereafter.
•Order passed by the
•Competent Authority and other related
expenditure.
•bv
•the State Government:
•Tribunals in the WitnesS
•Protection Fund:
•permitted by the
Govenment.
•Charitable
•THE ASSAM
•GAZETTE,
•EXTRAORDINARY, JULY O01, 2024
•3702
•The said Fund shall be operated by the
•Additional Director General
•of Police (CID), Assam.
(3)There shall be a separate bank acçount for the state
•Witness
•Protection Fund.
(4)The applicant shall file an
•application for seeking
•protection order
•under this scheme in the orm -I
•of the
•concerned District
•its Member Secretary along with
•supporting
•documents, if any. It
•can be filed in offline as well as online mode.
•Applications Filing of before the competent authority
•As and when an
•application is received by the Menmber
•Secretary of the
•Competent Authority, in the Form -I, he shall
•forthwith pass an order
•immediately calling for the Threat
•Analysis Report from the Assistant
•Commissioncr of Policc
•or Deputy
•Superintendent of Police in charge of the
•concerned Police Sub-Division.
(1)6. Procedure for processing the application
(2)
•Depending upon the urgency in the matter owing to
•imminent
•threat, the
•Competent
•Authority may pass orders for interim
•prote ction of thc witness or his
•Provided that nothing shall preclude police from
•providing
•immediate
•protection in case of grave and
•imminent
•threat to the Jife of applicant and his family members.
•On receipt of the order from the
•Competent
•Authority the
•Assistant
•Commissioner of Police or Deputy
•Superintendent
•of Police in charge of the Police sub division shall prepare the
•Threat Analysis Report in Form-Il appended to these Scheme
•expeditiously while
•maintaining full
•confidentia lity and it
•shall reach the
•Competent
•Authority through
•electronic means
•within five working days from the date of receipt of the order
•from the
•Competent Authority.
(3)
•perception and also include
•suggestive
•protection
•measures
(4)The Threat Analysis Report shall
•categorise the threat
•for providing adequate protection to the witness or his family.
•employers or any other person
•Competent
•Authority shall also interact either in person or
(5)While
•processing the
•application for witness
•protection, the
•through
•electronic means or a live link with the witness and or
•deemed fit so as to ascertain the witness
•protection needs of
•the witness. The
•Competent Authority may also conduct its
•meeting through live link. The
•Competent Authority shall
•meet at least once in every two months including a live link
•for attepnding such
•application of witness
protection.
•his family members or
•All the hearings on Witness Protection
•Application shall be
•held in-camera by the
•Competent Authority while
•maintaining
•full confidentiality.
(6)An
•application shall be disposed of by the
•Competent
•Authority within five working days from the date of receipt of
•the Threat Analysis Report from the Police
Authorities.
(7)
•before the
•Competent
•Authority
•where the offence is
•committed, through family members during the
•pendency of the application:
•3703
•THE ASSAM
•GAZETTE,
•EXTRAORDINARY JULY 01, 2024
(8)The Witness
•Protection Order passed by the
•Competent
•Authority shall bc
•implemented by the Witncss
•Protection
•Cell or the Trial Court, as the case may be.
•Member
•Secretary
•of the
•Competent
•Authority shall cause to send a copy of the
•Witness
•Protection Order to the
•Investigation Officer of the
•case and to the court which is
•empowered t0 take the
•Cognizance of the
•concerned case or to the court in which the
•trial is pending and to the public
•prosecutor of the case
concerned.Overall
•responsibility of
•implementation ofl all
•Witness Protection Orders passed by the
•Competent
(9)Upon passing of a Witness
•Protection Order, the Witness
•Protection Cell shall file a monthly follow-up report betore
•the Competent Authority.
(10)In case, the
•Competent
•Authority finds that there is a need to
•revise the Witness
•Protection Order or an
•application is
•moved in this regard and upon
•completion of trial, a fresh
•Threat Analysis Report shall be called from the
•Additional
•Commissioner of Police or Deputy
•Superintendent of Police
•in charge of the
•concerned
•The witness
•protection
•measures ordered shall be
•proportionate to
•the threat and shall be for a specific duration not
•exceeding three
•months at a time. These may include,
•7
•Types of Protection measures:
•ensuring that witness and
(a)(b)
•monitoring of mail and telephone calls;
•arrangement with the
•telephone
•company to change the
•witness's
•telephone number or assign him or her an unlisted
•telephone number;
(C)
•installation of
•d)
•concealment of identity of the witness by referring to him or
•her with the changed name or alphabet;
(e)
•emergency contact persons for the witness;
•() close
•protection, regular patrolling around the witness's house:
•temporary Change of
•residence t0 a
•relative's house or a
•nearby town;
(g)(h) escort to and from the court and
•provision of
•Government
•vehicle or a State funded
•conveyance for the date ol
•hearing;
•Holding oí
•in-camera trials;
•() ()
•allowing a support person to remain present during recording
•of statement and
(k)
•Authority
•shall lie on the Head of the Police in the State. In case of any
•change of identity
•and or relocation of the Witness
•Protection
•Order, it shall be
•implemented by the
•Additional Director
•General of Police (CID), Assam.
•Police Sub-Division. accused do not come face to face
•during
•investigation or trial; security devices in the
•witness's home such as
•security doors, CCTV, alarms, fencing etc.;
•deposition;
•THE ASSAM
•GAZETTE,
•EXTRAORDINARY, JULY 01, 2024
•3704
•usage of specially designed
•vulnerable witness court rooms
•which have special
•arrangements like live links, one way
•and screens a part from
•separate
•passages tor
•witnesses and accused, with option to modify the image of
•tace of the witness and to modify the audio feed of the
•witness' voice, so that he or she is not
•identifiable:
•mirTOrS
(m)ensuring expeditious
(n)
•awarding time to time
•periodical financial aids or grants to the
•witness from Witness
•Protection Fund for the purpose of re
•location,
•sustenance or starting a new vocation or
•profession,
•as may be
•considered
•necessary;
•any other form of
•protection
•measures
•considered
necessary.
•Once the
•protection order is passed, the
•Competent Authority shall
•monitor its
•implementation and can review the sanme in terms of
•follow-up reporns received in the matter.
•However, the
•Competent
•Authority shall review the Witness
•Protection Order on a quarterly
(o)Monitoring and 8.
•Review
•During the course of
•investigation or trial of any offence, an
•application for seeking identity
•protection can be filed in
•I before the
•Competent
•Authority through its
•Member Secretary.
•Form (1) 9. Protection of ldentity
•Upon receipt of the
•application, the Member Secretary
•of the
•Competent Authority shall call for the Threat Analysis
Report.The
•Competent
•Authority shall examine the witness
•or his fainily
•members or any olher person it deems fit lo
•ascertain whether there is
•necessity to pas an
•identity
•protection During the course of hearing of the
•application, the identity
•of the witness shall not be revealed to another person, which
(2)
•Once, an order for
•protection of
•identity of witness is
•passed by the
•Competent
•Authority, it shall be the
•responsibility of the Witness
•Protection Cell to ensure that
•identity of such witness or his or her family members
•including name or
•parentage or
•As long as the identity of any witness is
•protected under
•an order of the
•Competent
(3)In
•appropriate cases, where there is a request from the witness tor
•change of identity and based on the Threat Analysis Report, a
