Report No. 198

Chapter II

Witnesses Identity Protection Order

Part I

Identity Protection During Investigation

4. Application for seeking Identity protection order:-

(1). During the course of investigation of any serious offence, if the officer in-charge of investigating agency is satisfied that for the purpose of effective investigation of the case, it is necessary to protect the identity of any threatened witness, he may, through the Public Prosecutor or Assistant Public Prosecutor, as the case may be, apply in writing to the Judicial Magistrate First Class or Metropolitan Magistrate, seeking an identity protection order.

(2). In every application made under sub-section (1), the true identity of the threatened witness, and any other particulars which may lead to the identification of the threatened witness, shall not be mentioned, and instead a pseudonym or a letter of English alphabet shall be mentioned to identify the threatened witness, but the true identity and other particulars shall be disclosed to the Magistrate.

(3). Every application under sub-section (1),

(a) shall be accompanied by the relevant material and documents which are evidence that the witness is a threatened witness and of the need to grant a protection order, and

(b) may be accompanied by a certificate of an officer of the rank of Superintendent of Police or Commissioner of Police certifying that the witness is a threatened witness.