Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition Scheme

Noting that "the need for and importance for setting up special facilities which cater to the creation of a safe and barrier-free environment for recording the evidence of vulnerable witnesses has been engaging the attention of this court over the last two decades", the Supreme Court on Tuesday issued comprehensive directions in this regard.By way of the first direction, the bench of Justices DY Chandrachud and Surya Kant clarified that the definition of vulnerable witnesses contained in clause 3 of the VWDC (vulnerable witness deposition centres) scheme formulated by the Delhi High Court shall not be limited only to child witnesses who have not attended the age of 18 years and would be expanded to include inter alia the following categories of vulnerable witnesses-a. age neutral victims of sexual assault read with section 273 and 327 of the Cr. P. C. and section 354 of the IPC;b. gender neutral victims of sexual assault read with section 2(d) of the POCSO Act; c. age and gender neutral victims of sexual assault under section 377 of the IPC read with paragraph 34(1) of the decision in Sakshi v. Union of India; d. witnesses suffering from mental illness as defined under section 2(s) of the mental healthcare act of 2017 read with section 118 of the Indian evidence act; e. any witness deemed to have threat perception under the witness protection scheme 2018 of the union government as approved by this court in Mahendra Chawla v union of India 2019 14 SCC 615; f. any speech or hearing impaired individual or a person suffering from any other disability who is considered to be a vulnerable witness by the competent court; g. any other witnesses deemed to be vulnerable by the court concerned The bench recorded that in Sakshi v. Union of India, 2004 5 SCC 518, this court inter alia, issued certain directions which were to be in addition to those given in State of Punjab v. Gurmeet Singh 1996 2 SCC 384."More recently, in State of Maharashtra v. Bandhu, directions were issued by a two judge bench of this court for setting up special centres for examination of vulnerable witnesses in criminal cases so as to facilitate a conducive environment which would allow a vulnerable victim to make a statement before the court. This court dwelt on the guidelines which have been issued by the Delhi High Court for recording evidence of vulnerable witnesses in criminal matters and the fact that special centres have already been set up in Delhi for that purpose. While observing that the directions of the Delhi High Court and the setting up of special centres for vulnerable witnesses are consistent with the earlier decision of this court and in fact supplement the principles which have been laid down, this court issued the following directions (...)", the bench further observed."In order to facilitate the solitary purpose underlined in the decisions, this court has issued notice to all the High Courts in pursuance of which the High Courts have appeared. Based on the material which has been disclosed before the court, senior advocate Vibha Datta Makhija, Amicus Curiae, has prepared a tabulated statement of the position as it obtains in various high courts as on 25 October 2021. Based on the deliberations which have taken place during the course of the discussions in the court, the suggestions which have been proposed by the amicus curiae and the responses of some of the counsel who have appeared on behalf of the High Courts, the following directions are issued in furtherance of the earlier decisions of this court. These directions are intended to facilitate the implementation of the directions in the decision which was rendered on 24 October 2017 in state of Maharashtra v. Bandhu", said the bench on Tuesday.The other directions issued by the bench are enumerated below-2. All High Courts shall adopt and notify a vulnerable witness deposition (VWDC) scheme within a period of two months from the date of this order unless a scheme has already been notified. High courts which have already existing schemes in place may consider making suitable modifications to the scheme in order to bring it in conformity with the guidelines which are indicated in the present order. In formulating the VWDC scheme, the High Courts shall have due regard to the scheme which has been formulated by the Delhi High Court, which has been duly approved in the judgment of this court in Bandhu3. Every High Court should set up a permanent VWDC committee4. Proportionate to the time required for recording the evidence of the vulnerable witnesses and to conduct periodic training programmes, Every High Court is required to make an estimation towards manpower requirements to set up at least one permanent VWDC in every establishment of the district court, and estimate the optimal number of VWDCs required for the entire state within a period of three months5. Having due regard to the importance of conducting periodic training programmes for managing and manning the...

Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition Scheme

Mehal Jain

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