Kerala High Court Notifies Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction

The Kerala High Court has issued certain Guidelines for Recording of Evidence of Vulnerable Witnesses in light of the directions issued by the Supreme Court in Smruti Tukaram Badade v. State Of Maharashtra & Anr.

In an attempt to provide vulnerable witnesses with a safe and conducive environment to testify fearlessly during a criminal trial, the Court has directed setting up Vulnerable Witnesses Deposition Centres at all courts in the state.

Vulnerable witnesses include a child below the age of 18, and age and gender-neutral survivors of sexual assault. The centres will have comfort items such as stuffed toys, blankets or books for the child survivors to reduce their mental pressure and trauma, according to the guidelines issued by the High Court.

The guidelines also stipulate that there should be a live link, like audio-video electronic means, to avoid the witnesses' physical presence and thus their face-to-face contact with the accused. They also insist on setting up waiting rooms, which should be used only by the vulnerable witnesses and their non-offending family members and support persons.

The waiting area is directed to be equipped with toys, books, games, drawing and painting material, TV, etc, which can help lower the anxiety of witnesses. The approach to the waiting area shall be in such a way that it allows the witnesses to access it with ease and without having to confront other litigants, police or the accused and their associates.

The waiting area needs to be equipped with a digital 'case number display monitor' that shows the case being called in the court.

"Arrangements for the vulnerable witness to depose from the waiting area, which may include monitors and screens for recording the evidence of the child shall be made available," reads the guidelines.

The vulnerable witness shall be allowed a pre-trial courthouse tour or tour of the civil court or Juvenile Justice Board, etc along with the support persons or paralegal volunteer to enable the witnesses to familiarise themselves with the layout. This is likely to help witnesses familiarise the location of the accused in the dock, the roles of court officials and where they sit and who else might be in the court.

The witness can have a discussion of any fears including concerns regarding safety in relation to the accused, with the support of a person, prosecutors and the judge to dispel the fear, trauma and anxiety in connection with the upcoming deposition. In the case of a survivor of a sexual offence, care should be taken to avoid exposure to the accused at the time of recording evidence.

If the child survivor or witness refuses to give testimony in the presence of the accused or if circumstances show that the child may be inhibited from speaking freely in that person's presence, the guidelines stipulate that the concerned court should give orders to temporarily remove the accused from the courtroom to an adjacent room with a video link or one-way mirror visibility into the courtroom