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Report No. 198

(11) In the above context, should the witness depose from a different room or different place, and should there be another judicial officer in that room to ensure that the witness is free while giving his evidence?

So far as question 10 is concerned, as already stated, there are again two types of cases (1) where victim is known to the accused who does not want identity protection but only does not want to face the accused physically; and (2) where victim and witnesses are not known to the accused and want an identity protection order. Hence, separate procedures must be adopted in such cases as stated in detail in Chapter IX.

Question 11 deals with the aspect as to who will be present in the room from where the witness is deposing.

In Chapter IX, we have separately detailed the procedure as to how two-way closed circuit television should be used in the case of victimwitness known to the accused and to the cases of victims and witnesses not known to the accused. We recommend two-way close circuit television or video link along with two way audio link procedure as indicated in detail in Chapter IX and these are contained in the Draft Bill in section 12 read with Schedule I and section 13 read with Schedule II, the former covering threatened witnesses and victims who have been granted anonymity and the latter covering victims who are known to the accused and who merely want that they should not face the accused physically while deposing.

Witness Identity Protection and Witness Protection Programmes Back

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