Patna High Court Formulates Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction

With the objective of ensuring a safe and conducive environment for recording the evidence of Vulnerable Witnesses, the Patna High Court has formulated and notified its Guidelines for Recording of Evidence of Vulnerable Witnesses.

The guidelines have been notified in light of the directions issued by the Supreme Court of India in Smruti Tukaram Badade v. The State Of Maharashtra and Anr 2022 LiveLaw (SC) 80.

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 Supreme Court had 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.

Read more about the SC's verdict here: Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition Scheme

As per the preamble attached with the guidelines, the purpose of this protocol is to present guidelines and recommendations to improve the response of the justice dispensation system toward vulnerable witnesses.

These Guidelines have been drawn from the Guidelines for the recording of evidence of vulnerable witnesses in criminal matters prepared by different High Courts and Vulnerable Witness Deposition Committee constituted vide order dated 11.01.2022 passed in Smruti Tukaram Badade Case (Supra), Chaired by Justice Gita Mittal, as well as relevant statutory provisions, judgments, and international standards relevant to vulnerable witnesses.

These guidelines will apply to every court, including Juvenile Justice Boards in the State of Bihar and they will be deemed to have come into effect from the date of the notification i.e., March 25, 2022.

The Orissa HC has also formulated and notified similar guidelines namely "The High Court of Orissa Vulnerable Witnesses Deposition Centres (VWDC) Scheme, 2022" ("the Scheme"). Read more about it here: Orissa High Court Notifies Its Vulnerable Witnesses Deposition Centres Scheme, 2022

Click Here To Read/Download The Guidelines