Report No. 198

(21) Should the orders as to witness anonymity, for the purpose of preliminary inquiry, be passed only by session Court and not by any other Court subordinate thereto?

24 respondents stated that the anonymity order be passed only by Sessions Courts while 15 stated they may be passed even by Magistrates. Some suggested an independent agency.

We recommend that during Investigation, the orders will be passed by Magistrates in a preliminary inquiry and this suits local convenience also. At the stage of Inquiry, it will be again be in a preliminary inquiry by Magistrates. But where application is filed before recording of evidence at the Trial, the application will be filed before the Sessions Court and will have to be decided before the recording of the regular evidence of the trial commences.