Updated: Friday July 06, 2018/AlJumaa
Shawwal 23, 1439/Sukravara
Asadha 15, 1940, at 04:12:18 PM
[1]The
(Act XXI of
2018)
[24 May
2018]
An
Act to protect witnesses and other persons connected with certain criminal
proceedings.
It is
necessary to provide for measures to protect witnesses or other persons
connected with the investigation, prosecution and trial of certain criminal
proceedings relating the offence of terrorism, sexual offence or any other
serious offence; and, to provide for ancillary matters.
Be it
enacted by Provincial Assembly of the
1. Short
title, extent and commencement.– (1) This
Act may be cited as the Punjab Witness Protection Act, 2018.
(2) It
shall extend to whole of the
(3) It
shall come into force at once.
2. Definitions.– In
this Act:---
(a) “Act”
means the Punjab Witness Protection Act 2018;
(b) “Board”
means the Witness Protection Board constituted under the Act;
(c) “close protection
service” means the provision of bodyguards for purposes of protection from
assault, assassination or kidnapping;
(d) “court”
means the court seized of a case to which the Act applies;
(e) “criminal proceedings”
means an investigation, inquiry or trial under the Code of Criminal Procedure,
1898 (V of 1898) relating to an offence of terrorism or any
other serious offence;
(f) “Government”
means Government of the
(g) “high risk
accused” means a person under investigation, charged with, or tried for, the
commission of an offence of terrorism or a serious offence and is considered to
be a high risk for the persons connected with the criminal proceedings;
(h) “law enforcement
agency” includes a body or agency responsible for the enforcement of law
relating to the prevention, detection and investigation of an offence;
(i) “offence
of terrorism” means an act defined as such in section 6 of the Anti-Terrorism
Act, 1997 (XXVII of 1997) and includes such other offence
under that Act as the Government may, by notification in the official Gazette,
determine;
(j) “prescribed”
means prescribed by the rules made under the Act;
(k) “Programme”
means the Witness Protection Programme established under the Act.
(l) “protected person”
means any person who is extended protection under section 5 of the Act;
(m) “protection”
means the protection of a protected person and includes relocation or change of
identity of, or provision of assistance or services to, him under the Act;
(n) “rules”
means the rules made under this Act.
(o) “serious criminal
case” means a criminal case pertaining to a serious offence and pending in a
court;
(p) “serious offence”
means an offence punishable with death or imprisonment for life or for a term
exceeding seven years and includes a sexual offence but does not include an
offence of terrorism;
(q) “sexual offence”
means an offence under sections 366-A, 367-A, 376 or 377 of the Pakistan Penal
Code, 1860 (XLV of 1860) or under the Punjab Suppression of
Prostitution Ordinance, 1961 (II of 1961);
(r) “terrorism case”
means a criminal case pending in a court pertaining to an offence
of terrorism;
(s) “Unit”
means the Witness Protection Unit established under the Act; and
(t) "witness”
means a person who may testify under Article 3 of
the Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984) and
includes such other person as is specified in the Act.
3. Witness
Protection Board.– (1) The Government shall establish the Witness Protection
Board, consisting of the following members:---
(a) Additional Chief Secretary or, as the case may be, Secretary to
the Government, Home Department;
(b) Secretary to the Government, Finance Department;
(c) Secretary to the Government, Public Prosecution Department;
(d) Prosecutor General,
(e) Additional Inspector General, Counter Terrorism Police Department;
(f) Additional Inspector General Special Branch; and
(g) Additional Inspector General Investigations.
(2) The
Additional Chief Secretary or, as the case may be, Secretary to the Government,
Home Department shall be the Chairperson of the Board.
(3) The
Chairperson shall, by notification, appoint a suitable officer as Secretary of
the Board.
(4) The
Board shall:---
(a) frame policy
guidelines for purposes of the Act;
(b) submit policy
guidelines to the Government for approval;
(c) oversee and
monitor the implementation of the policy guidelines under the Act;
(d) spearhead and
supervise the performance of the functions of the Units;
(e) perform such
other functions as may be necessary to achieve the objectives of the Act; and
(f) implement any
other direction of the Government in connection with the Act.
4. Witness
Protection Unit.– (1) The Government shall establish the following Witness
Protection Units:---
(a) Unit-I relating to the offences of terrorism; and
(b) Unit-II relating to the serious offences.
(2) The
Government, on the recommendations of the Board, shall appoint the head of a
Unit and such other members of the Unit as the Government may determine or as
may be prescribed.
(3) A
Unit, under the general supervision and control of the Board, shall discharge
its functions effectively and meaningfully to achieve the objectives of the
Act, and shall implement the directions of the Board or, as the case may be,
the Government.
5. Protected
persons.– (1) Subject to subsection (2), a victim or a witness or
any other person connected with criminal proceedings and a person closely
related to the aforesaid persons may apply for protection under the Act.
(2) The
Government, the Counter Terrorism Department, the Public Prosecutor or the
Court trying an offence of terrorism or a serious offence may direct the
concerned Unit to assess the risk or continued risk of any person directly or
indirectly concerned with the criminal proceedings.
(3) The
Unit shall consider the following matters while determining the risk of a
person:---
(a) the risk
profile of the person involved;
(b) the nature
and gravity of the threat to that person; and
(c) the measures
required to eliminate or reduce the risk at the minimum possible cost.
6. Non-court
measures for protection.– (1) On the direction of the Government
or of its own motion, a Unit may, in consultation with the person to be
protected, take one or more of the following measures for the protection of a
protected person:---
(a) provision of
close protection service;
(b) lodging in
a safe house;
(c) temporary or
permanent relocation at a safe place;
(d) change of
identity;
(e) concealment of
identity of the persons involved in the criminal proceedings; and
(f) providing financial
assistance to a protected person who is unable to undertake regular employment
or when his freedom of movement is severely curtailed as a result of protection
to him.
(2) The
Unit shall determine the time for which a non-court protection measure shall
remain in force but if the Unit is satisfied that the non-court protection
measures are no longer required, it may, at any time and after recording the
reasons, withdraw the non-court protection measures.
(3) The
Government may, after consultation with the Unit, revoke or modify the
protection measures taken by the Unit.
(4) The
expenses for the measures under subsection (1) shall be borne by the
Government.
(5) Every
department, agency or office of the Government shall cooperate with and provide
such assistance to the Unit as may be necessary for carrying out the measures
under subsection (1).
7. Assistance
to witnesses.– (1) A witness, other than an accused, is eligible for
assistance in connection with his testimony before a court in a terrorism case
or a serious criminal case under a direction for special measures, when:---
(a) he
is willing to give evidence but is fearful or under stress owing to the nature
of the offence or proceedings relating thereto or is intimidated
or labours under an intimidation that harm may come to his person or
family or property if he gives evidence and the court is satisfied that the
quality of evidence is likely to be affected on that account;
(b) he suffers
from a physical disability or mental disorder;
(c) he is
under the age of 16 years at the time of recording of evidence; or
(d) he is
a victim of a sexual offence.
(2) The
court, while making an order under this section, shall also consider the
following factors:---
(a) the personal
circumstances of the witness including his opinion and belief;
(b) the behaviour of
the accused, his family or associates or any other person towards him;
(c) the nature
and circumstances of the offence; and
(d) the report
of the Unit with regard to the gravity of the threat to the witness.
8. Special
measures.– (1) The Unit or, as the case may be, the court shall take
special measures mentioned in section 9 to section 14 of the Act.
(2) If
the court is satisfied, on an application by a party to the proceedings or on
its own motion, that a witness needs assistance under section 7 of the Act, it
may, by order, direct to take such special measures as are mentioned in the
order, but before making an order, the court shall afford an opportunity of
hearing to the person likely to be affected by the order.
(3) The
special measures shall, unless otherwise directed, have effect from the day the
order is made and until the proceedings are concluded or for such period as the
court may direct.
(4) The
special measures may be discharged or varied at any time, in the interest of
justice, by the court either on the application of the party on whose request
it was made, or on its own motion after affording an opportunity of hearing to
the parties concerned.
9. Screening
a witness.– The court may direct that a special measure be taken to
prevent the witness from being seen while coming to the court to give evidence
or while entering the court or while recording the evidence or while leaving
the court in a manner that he continues to see or be seen by the court, the
public prosecutor, the legal representatives acting in the proceedings or any
other person appointed by the court for the purpose.
10. Video
link.– (1) When so directed by the court, the Unit shall take
special measures so that the court may examine a witness through video link at
a location outside the court.
(2) Where
it is not possible to have a video link in the court room, the court may move
to the place, as determined by the Government in consultation with the High
Court, where such facility is available.
Explanation.– For purposes of this section, the
video-link means a live television link or other arrangements whereby a
witness, while away from the court room or other place where the proceedings
are being held is:---
(a) able to see and hear a person there and to be seen and heard by
the persons specified in section 9; and
(b) able to be seen and heard by the accused and the public
unless the court directs otherwise.
11. Restricted
entry to the court room.– On an application by the Unit or the
public prosecutor, the court may pass an appropriate order in terms of the
proviso to section 352 of the Code of Criminal Procedure, 1898 (V of
1898) or, direct that the public generally, or any particular person,
shall not have access to, or be or remain in, the room of building used by the
court.
12. Rules
of cross-examination.– (1) An accused charged with an offence of terrorism
or a sexual offence shall not, without an express permission by the court,
himself cross-examine a witness but his counsel may cross-examine the witness.
(2) The
permission under subsection (1) shall not be granted when, in the opinion of
the court, the cross-examination by the accused in person is likely to affect
the voluntariness or quality of the evidence.
(3) The
court shall forbid a question to the victim of a sexual offence relating to any
sexual behavior of the victim on any previous occasion with the accused or any
other person, unless such a question, in the opinion of the court, is a
relevant fact in the case.
13. Reporting
criminal proceedings.– (1) The reporting of the identity of a person connected with an
offence of terrorism or a sexual offence or the identity of the members of his
family shall be prohibited in print, electronic or other media, if the person
involved in the offence is under the age of eighteen years.
(2) The
reporting of the identity of a person connected with an offence of terrorism or
a sexual offence or the identity of the members of his family shall be
prohibited in print, electronic or other media, if the court is satisfied that
the quality or voluntariness of the evidence of the person concerned will be
diminished thereby.
14. Anonymity
of persons involved in proceedings.– (1) In
any proceedings to which this Act applies, where a person is or is likely to be
required as a witness, the court on the application of any party or of its own
motion, make an order for the preservation of the anonymity of the witness or
of any person who might be identified in the evidence of the witness, and to
ensure that his identity is not disclosed in, or in connection with, the
proceedings.
(2) Unless
otherwise stated, such an order shall be taken to include directions:---
(a) that the
name, address, and identifying details shall be withheld;
(b) that the
witness may use a pseudonym;
(c) that no
question is asked at the trial that might lead to the identification of the
witness or his address or any information from which his identity or address
might reasonably be identified, without the express permission of the court;
(d) for
the deletion or redaction from all documents to be disclosed or produced in the
proceedings of the witness’s identity and address, and any information which
might reasonably lead to the identification of the witness;
and
(e) that
no person shall publish or communicate to any other person the identity,
address, or other identifying details of the witness, or any other information
from which his identity or address might reasonably be identified, where it is
known that, or in such a way as it may be concluded that he is or was a witness
in the case, save where it is necessary for the proper lawful conduct of the
proceedings.
(3) The
court shall not make an order under this section unless it is satisfied:---
(a) that an
order is necessary:---
(i) to ensure
the safety of the witness or any other person, or to prevent any serious damage
to property; or
(ii) to prevent
real and significant harm to the public interest;
(b) that the
effect of the order, in no circumstances, would prevent the accused from
receiving a fair trial; and
(c) that the
importance of the testimony of the witness is such that in the interest of
justice the witness ought to testify, and either:
(i) there is
a genuine risk that witness would not testify if the order were not made; or
(ii) there would
be a genuine risk of real and significant harm to the public interest if the
witness were to testify without such an order being made.
(4) While
considering whether the conditions in sub-section (3) have been met, the court
shall take into consideration all of the relevant circumstances, and in
particular:---
(a) the general
right of the accused to know the identity of the witness;
(b) the extent
to which the credibility of the witness is likely to be an issue in the
proceedings:
(c) whether the
evidence could be properly tested without the witness’s identity being
disclosed; and
(d) whether the
witness has a tendency or any motive to be dishonest.
(5) An
order made under this section shall be known as a `Witness Anonymity Order’ and
shall remain in force during the period specified in the order unless the order
is sooner revoked or any other order is made.
(6) The
violation of a Witness Anonymity Order or any provision thereof shall be an
offence.
15. Trial
in jail.– Where the Government, in consultation with the court, is
satisfied that a trial cannot be safely held in a court room, it may, by order,
direct that the trial shall be held in such jail as may be specified in the
order.
16. Punishment.– A
person, who contravenes the provisions of section 13 or section 14 of the Act,
shall be punishable with imprisonment for a term which may extend to three
years but which shall not be less than thirty days and with fine which may
extend to rupees five million but which shall not be less than rupees one
hundred thousand.
17. Rules.– The Government
may, by notification in the official Gazette, make rules to carry out the
purposes of this Act.
[1] This Act was passed by the Punjab Assembly
on 16 May 2018; assented to by the Governor of the
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