J&K High Court Introduces Updated Guidelines For Protection Of Vulnerable Witnesses, Emphasises Age-Appropriate Questioning & Video Testimony
The Chief Justice of the Jammu & Kashmir High Court has approved updated guidelines on how the testimony of protected witnesses should be recorded in court. The new rules aim to create a safer environment for witnesses who may feel intimidated while giving evidence in court.According to the notification issued by the Registrar General, these updated guidelines apply to children, people...
The Chief Justice of the Jammu & Kashmir High Court has approved updated guidelines on how the testimony of protected witnesses should be recorded in court. The new rules aim to create a safer environment for witnesses who may feel intimidated while giving evidence in court.
According to the notification issued by the Registrar General, these updated guidelines apply to children, people with disabilities, survivors of sexual violence, and witnesses facing threats. The move is expected to make the justice system more approachable for those who face challenges in the existing setup of the criminal justice system.
Safeguards for Vulnerable Witnesses
To ensure that witnesses can testify without feeling overwhelmed, the guidelines provide certain safeguards:
- In-camera proceedings: Courts can restrict public access to the examination/cross-examination of these witnesses to protect their privacy.
- Live video testimony: Witnesses can testify through live video conferencing from a remote location to alleviate their distress.
- Support persons: Witnesses can be accompanied by their guardian or a legal aid volunteer while giving testimony before the court.
- Secure waiting areas: Witnesses can be kept safely in separate rooms to avoid encounters with the accused.
- Right to be informed: Vulnerable witnesses, their parents or guardians, lawyers, and support persons must be promptly informed by the court about the stage of the process and, to the extent feasible, about the charges brought against the accused and other procedures.
- Age-appropriate questioning: Courts must ensure that the questioning of witnesses is age-specific. For child witnesses, questions must be simple, clear, and posed in a non-intimidating manner.
The need for these guidelines arose because, for many vulnerable witnesses, stepping into a courtroom can be overwhelming. Children who have been victims of crime, survivors of abuse, and individuals with disabilities often face difficulties in testifying. The fear of facing the accused, aggressive examinations, and prolonged court proceedings can discourage them from speaking up.
Directions for Criminal Courts, Juvenile Boards & Children's Courts
- High-priority witnesses: Vulnerable witnesses must be treated with high priority and dealt with as expeditiously as possible, minimizing unnecessary delays and adjournments to avoid repeated appearances in court.
- Scheduled hearings: Judges should use developmentally appropriate language and fix hearing schedules while considering the physical needs, exam schedules, etc., of vulnerable witnesses.
- Adequate time and opportunity: Courts must ensure that witnesses are given sufficient time and opportunity to refresh their memory and answer questions.
- Sexual offences: Judges should avoid asking witnesses to demonstrate the place of touching and instead allow them to indicate it on a body outline diagram.
- Transportation costs: Judges may provide transport or reimburse transportation costs for witnesses as per the guidelines of the High Court.
- Specially-abled witnesses: The courts should provide Additional measures in case of the specially-abled witnesses. For instance recording witness testimony in compliance with Section 313, B.N.S.S in Braille to reduce dependency. Apart from that using other mobile applications, sign languages and other tools for issuing summons, orders etc ensuring that information is available in accessible means.
Balancing with the Right to a Fair Trial of the Accused
These protections granted to witnesses must be balanced with the right of the defense counsel to cross-examine them. However, courts must monitor that the line of questioning does not cause harassment or intimidation to the witness.
The guidelines also provide for strengthened privacy measures. The identity of vulnerable witnesses will be kept confidential in court records, and any video-recorded testimony will be strictly protected under court orders.
These guidelines take immediate effect and apply to all courts, including Juvenile Justice Boards in Jammu & Kashmir and Ladakh. The High Court has also directed that the system be reviewed annually to ensure continuous improvement. Legal experts and research bodies will be involved in assessing how well the guidelines are being implemented.