Key highlights of Witness Protection Scheme in new CrPC bill

New Delhi: Under the new criminal laws, the government has formally introduced Witness Protection Scheme. 

The government officials said every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure the protection of the witnesses. The State Governments shall adopt the Witness Protection Scheme formulated and circulated to the States by the Central Government in January 2019 which has also been endorsed by the Supreme Court.

Besides, the existing section of commutation of any sentence in fine etc. has been amended to provide that the Government may, without the consent of the person sentenced, commute a sentence of death to imprisonment for life; and a sentence of imprisonment for life to imprisonment for a term not less than seven years. 

If a person is a first-time offender, he shall be released on bail by the Court if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for that offence.

It has also been made mandatory that where the under trial completes one-half or one-third of the period, as the case may be, it will be the duty of the jail superintendent to forthwith make an application in writing to the Court in this regard. 

Also, the accused can be discharged if no case is made out against him. In cases where the attendance of prosecution witnesses cannot be procured for cross-examination in spite of giving an opportunity to the prosecution, in such cases the magistrate shall close the prosecution evidence and proceed with the case on the basis of material on record.

In the complaint case, it has been provided that if the complainant is absent, the Magistrate may, after giving thirty days’ time to the complainant to be present, discharge the accused.

In cases where prosecution is proposed to be withdrawn, a provision has been made that in cases where the punishment is 7 years or more, the victim side shall be given an opportunity of being heard.

In order to ensure that a decision by the sanctioning authority for permitting prosecution is received within a time limit, it has been provided that the sanctioning authority shall take a decision as far as practicable within 120 days from the date of receipt of the request and failing which sanction shall be deemed to have been accorded by such authority. This provision might come as a huge relief to the CBI where cases are delayed due to lack of sanction.