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Report No. 198

Chapter II.- Protection of identity of witnesses: Special Statutes in India

In the pre-constitutional era, section 31 of the Bengal Suppression of Terrorist Outrages Act, 1932 empowered the special Magistrate to exclude persons or public from the precincts of the court. section 13 of TADA, 1985 and section 16 TADA 1987 provided for protection of the identity and address of a witness secret. section 30 POTA 2002 is on the same lines as section 16 TADA, 1987. Apart from these provisions in special statutes, there is a need for a general law dealing with witness anonymity in all criminal cases where there is danger to the life of the witness or of his relatives or to his property.



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