Orissa High Court Notifies Its Vulnerable Witnesses Deposition Centres Scheme, 2022

With the objective of ensuring safe and conducive environment for recording the evidence of vulnerable witnesses and in the light of the directions issued by the Supreme Court of India in Smruti Tukaram Badade v. State of Maharashtra and Anr., the High Court of Orissa has formulated "The High Court of Orissa Vulnerable Witnesses Deposition Centres (VWDC) Scheme, 2022" ("the Scheme").

In a notice issued on Wednesday, it was notified that the Scheme shall apply to the Courts subordinate to the High Court of Orissa from 09th day of March, 2022.

In Smruti Tukaram Babade (supra), noting that "the need for and importance for setting up special facilities which cater to the creation of a safe and barrier-free environment for recording the evidence of vulnerable witnesses has been engaging the attention of this court over the last two decades", the Supreme Court had issued comprehensive directions in this regard.

The Apex Court then clarified that the definition of vulnerable witnesses contained in clause 3 of the Vulnerable Witness Deposition Centres (VDWC) scheme formulated by the Delhi High Court shall not be limited only to child witnesses who have not attended the age of 18 years and would be expanded to include inter alia the following categories of vulnerable witnesses-

a. age neutral victims of sexual assault read with Sections 273 and 327 of the Cr. P. C. and section 354 of the IPC;

b. gender neutral victims of sexual assault read with Section 2(d) of the POCSO Act;

c. age and gender-neutral victims of sexual assault under Section 377 of the IPC read with paragraph 34(1) of the decision in Sakshi v. Union of India;

d. witnesses suffering from mental illness as defined under Section 2(s) of the Mental Healthcare Act, 2017 read with Section 118 of the Indian Evidence Act;

e. any witness deemed to have threat perception under the witness protection scheme 2018 of the Union Government as approved by the court in Mahendra Chawla v. Union of India;

f. any speech or hearing-impaired individual or a person suffering from any other disability who is considered to be a vulnerable witness by the competent court;

g. any other witnesses deemed to be vulnerable by the court concerned.

The Supreme Court had then directed all the High Courts to bring in their respective schemes within two months of the date of the order. In formulating the VWDC Scheme, the High Courts were directed to have due regard to the scheme which has been formulated by the High Court of Delhi, duly approved in the judgment of the Supreme Court in State of Maharashtra v. Bandu @ Daulat.

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