Govt Considering Witness Protection; Punishing Hostile Witnesses

New Delhi, Mar 14 (UNI) Akin to laws in the United States and some other countries, India, too, favoured a legislation affording protection to the witnesses and their family members, Home Minister Shivraj Patil informed the Rajya Sabha today.

Responding to the Malimath Committee Report on Reforms of Criminal Justice System, the Centre had referred the matter to the state Governments eliciting their views since Criminal Law and Criminal Procedure -- being on the Concurrent List of the Seventh Schedule to the Constitution -- were administered by them, the Minister said.

Further, the Law Commission in its 198th Report on ''Witness Identity Protection and Witness Protection Programmes'' had also recommended measures to provide protection to the witnesses. The Report had yet not been tabled in Parliament and was, therefore, still being treated as ''Confidential'', Minister Patil observed.

A final view of the feasibility of having a comprehensive scheme for protection of the witnesses and their identity would be taken after considering the Law Commission Report in consultation with the state Governments.

Meanwhile, protection was being provided to ''the essential and material witnesses in very sensistive cases'' -- as and when the Court so directed, Minister Patil assured.

Responding to queries by Samajwadi Party leader Amar Singh -- as also Messrs Shantaram Laxman Naik (Congress) and C Ramachandraiah (Telugu Desam) -- the Home Minister further assured measures to ensure reliability of witness during deposition in court and also to contain the menace of witnesses turning 'hostile'.

In this regard, he referred to the Code of Criminal Procedure (Amendment) Bill, 2006 which proposed new measures to provide that the statements of all persons which appeared to be ''material and essential for proper investigation of cases relating to offences punishable with death or imprisonment for 10 years or more'' shall be recorded on oath by a Magistrate.

The Magistrate will also satisfy himself that such person was making the statement voluntarily and not under any inducement, threat or promise, the Minister assured.

The amending measure also provided for enhancement of punishment for perjury after summary trial, Minister Patil informed.

UNI