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Report No. 198

Part II

Identity Protection after Completion of Investigation

8. Application for Identity Protection.-

(1). If, after the Police Report referred to in sub section (2) of section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) or charge sheet referred to in any other law is forwarded to the Magistrate or Judge, as the case may be, but before the examination of witnesses begins to commence at the trial, including inquiry, the Assistant Public Prosecutor or the Public Prosecutor, as the case may be, is if opinion that it is necessary to protect the identity of a threatened witness, whether or not, identity protection in respect of such threatened witness was sought or ordered at the stage of investigation under Part I, he may, move an application in writing to the Judicial Magistrate First Class or Judge, before whom the case is pending seeking an identity protection order.

(2). The application referred to in sub-section (1) may also be moved by the threatened witness, if such a witness intends to seek a protection order.

(3). Provisions of sub-sections (2) and (3) of section 4 shall apply mutatis mutandis to the application made under this section.

(4). Where an application filed under subsection (1) before the Magistrate or Judge, as the case may be, has been rejected at any time under Part I or this Part, such rejection, shall not preclude a fresh application being filed before the Magistrate or Judge, if fresh circumstances have arisen after the rejection of the earlier application for the grant of a protection order.

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