Mitali Palnitkar
Published on: March 16, 2022 at 18:45 IST
The Orissa High Court announced the Launch of ‘Vulnerable Witness Deposition Centres (VWDC) Scheme 2022’. This Scheme aims to provide a Conducive and Safe Environment to the Vulnerable Witnesses for Recording their Evidences.
The Scheme was issued in response to the directions given by the Supreme Court in Smruti Tukaram Badade Vs. State of Maharashtra and Others (2022), wherein the Court emphasized on the significance of facilitating a safe environment for recording the Evidence of Vulnerable Witnesses.
The Bench comprising Justices DY Chandrachud and Surya Kant had said that the definition of ‘Vulnerable Witness’ contained in Clause 3(a) of the Delhi High Court Guidelines for recording Evidence of Vulnerable Witnesses in Criminal Matters should not be confined to Child Witnesses who attained the age of 18 years.
The Bench opined that scope shall be expanded to the include few other categories of Vulnerable Witnesses as well, such as Sections 273 and 327 of the Criminal Procedure Code, 1973 and Section 354 of the Indian Penal Code, 1860 for Age-neutral Sexual Assault Victims.
It shall also include Section 2(d) of Protection of Children from Sexual Offences Act, 2012 for Gender-neutral Victims of Sexual Assault; and Section 377 of the Indian Penal Code read with paragraph 34(1) of the Sakshi Vs. Union of India for Age and Gender-Neutral Sexual Assault Victims.
Section 2(s) of Mental Healthcare Act, 2017 read with Section 118 of Indian Evidence Act, 1872 for the Witnesses suffering from Mental Illness; any Witness having Threat Perception under the Union Government’s Witness Protection Scheme, 2018 which was approved in Mahendra Chawla Vs. Union of India. Persons with Disabilities Deemed to be Vulnerable by a Competent Court are also included.
The Supreme Court had Mandated that all the High Courts must adopt the Scheme and create awareness about it within 2 months from the Date of Order.
Also Read: Supreme Court: ‘vulnerable witness’ may not be constrained to ‘child Witnesses’
