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LAW & JUSTICE

Law for protection of witnesses

New Delhi: February 8,2017

‘Police’ and ‘Public Order’ are State subjects under the seventh Schedule to the Constitution of India and therefore, the State Governments are primarily responsible for prevention, detection, registration and investigation of crime and for prosecuting the criminals through the machinery of their law enforcement agencies, as also for protecting the life and property of the citizens including witnesses. Criminal Law & Criminal Procedure are subject in Concurrent List of the Constitution of India. Law Commission of India in its 198th Report gave its recommendations on “Witness Identity Protection & Witness Protection Programme”. Based on recommendations, the Bill was circulated to the State Governments/ Union Territory Administrations for their views. As there was no consensus among the States, the matter was referred to Bureau of Police Research & Development (BPR&D) on 03.11.2016 to examine the matter having regard to the observation of the States and feasibility of an implementable Identity Protection Programme and support Law so as to enable Government to take a considered view. BPR&D is also requested to look into the financial implications as some of the States expressed reservation to spend any money and recommended the Central Government to fund the project.

This was stated by the Minister of State for Home Affairs, Shri Hansraj Gangaram Ahir in a written reply to question by Shri Amar Singh in the Rajya Sabha today.

 

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