Govt considering new bill to tackle issue of hostile witnesses

New Delhi, May 16 (UNI) The Rajya Sabha today unanimously passed the Code of Criminal Procedure (Amendment) Amending Bill, 2006 to enable the government to notify different dates for implementation of the various provisions of the Criminal Procedure (Amendment) Act, 2005, aimed at streamlining and reforming the criminal justice system in the country.

Home Minister Shivraj Patil while moving the amendment explained that certain provisions concerning the issue of anticipatory bail in the new act has been objected to by some lawyers which had delayed the implementation of the entire act by the government.

Now with this new amendment the government would notify all the provisions of the act, except that concerning anticipatory bail, as they are aimed at reforming criminal justice system, protection of women and providing stringent punishment to those indulging in criminal activities.

Meanwhile, the sections regarding the anticipatory bail would be debated more with lawyers, and the government would try to convince them not to create any difficulty in its implementation as even the judge could order the concerned person's presence in the court for getting anticipatory bail.

So, this provision would be notified at a later date after arriving at some sort of a consensus on the issue, Mr Patil said.

On the issue of witnesses turning hostile, he said that there was a proposal that the key witness should be asked to give his first statement in presence of magistrate and on oath so that when he/she turns hostile he could be confronted by it and even convicted for perjury. However, when the Standing Committee of Parliament deliberated on the bill, it dropped this provision, he informed.

Expressing concern over the the witnesses turning hostile, he said that the government is considering including this provision again in view of low conviction rate due to hostile witnesses. ''The Law Ministry is considering the matter afresh and a new bill will be drafted to tackle the issue,'' the Home Minister said.

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