WITNESS PROTECTION 2.0: HOW BNSS STRENGHTENS TESTIMONY & TRANSPARENCY

INTRODUCTION

The strength of the quest for justice relies heavily on individuals willing to testify in its favor. In India, witnesses are regarded as fundamental to criminal trials, yet they are among the most vulnerable participants in the justice system. Intimidation, fear, and procedural delays have historically discouraged citizens from coming forward, thereby weakening the effectiveness and credibility of trials.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, enacted to replace the colonial-era Code of Criminal Procedure, 1973 (CrPC), seeks to address these long-standing concerns. By modernizing procedures and integrating technology into criminal trials, the BNSS aims to create a safer, more transparent environment for witnesses. This reform can aptly be described as “Witness Protection 2.0”—a rights-based, technology-driven approach to justice.

EVOLUTION OF WITNESS PROTECTION IN INDIA

For decades, India lacked a comprehensive statutory framework for witness protection. Under the CrPC, safeguards for witnesses depended largely on judicial discretion or ad hoc administrative arrangements. This inconsistency resulted in witnesses turning hostile, retracting statements, or refusing to testify due to fear and coercion.

The gravity of this issue was highlighted by the Supreme Court in Zahira Habibullah Sheikh v. State of Gujarat (2004) (the Best Bakery case), where the Court recognized how intimidation could derail an entire trial. Subsequently, in Mahender Chawla v. Union of India (2018), the Supreme Court approved the Witness Protection Scheme, 2018, which included measures such as police protection, relocation, and identity concealment.

However, the 2018 scheme functioned primarily as an executive guideline. Its lack of statutory force resulted in uneven implementation across states, limited funding, and low awareness. The BNSS addresses this gap by embedding witness protection mechanisms directly into criminal procedure, thereby transforming judicial concern into a legal obligation.

BNSS: A NEW ERA FOR TESTIMONY

The BNSS introduces several procedural and technological reforms aimed at strengthening the safety, comfort, and credibility of witnesses. These reforms modernize the manner in which testimony is recorded and preserved within the justice system.

1. Testimony Through Technology

Under Section 269 of the BNSS, courts are permitted to record evidence and witness statements through audio-video electronic means. This allows witnesses to testify remotely, reducing the risk of intimidation within court premises. The provision is particularly beneficial for victims of sensitive offences and witnesses residing far from trial courts. Digital recording also ensures accuracy and creates a verifiable record of testimony.

2. Safeguards for Vulnerable Witnesses

While maintaining the principle that evidence should ordinarily be recorded in the presence of the accused, Section 273 of the BNSS introduces exceptions for vulnerable witnesses such as women, children, and victims of sexual offences. Courts may use video conferencing, screens, or separate rooms to prevent direct confrontation, thereby reducing psychological trauma and encouraging truthful testimony.

3. Increased Speed and Efficiency in Trials

Prolonged trials often discourage witnesses from remaining engaged. The BNSS seeks to address this by restricting unnecessary adjournments, prescribing timelines for different stages of trials, and promoting digital processes. Speedier trials help preserve the accuracy of testimony and reduce witness fatigue and attrition.

4. Streamlined Communication and Summons

The BNSS minimizes repeated court appearances by enabling electronic summons and digital attendance mechanisms. Witnesses are no longer required to be physically present for minor procedural steps, saving time and resources while recognizing witnesses as active participants rather than mere evidentiary tools.

5. Preservation of Recorded Statements

The mandatory video recording of statements and confessions before magistrates enhances transparency and protects witnesses from coercion. These recordings preserve the original tone, demeanor, and language of testimony, reducing the possibility of later manipulation or retraction.

Collectively, these measures mark a fundamental shift—from viewing witness testimony as a burdensome obligation to recognizing it as a protected civic duty deserving institutional support.

TRANSPARENCY AND ACCOUNTABILITY UNDER THE BNSS

The BNSS promotes transparency by digitizing records, electronically documenting evidence, and enabling judicial monitoring of trial progress. Each procedural step creates an auditable digital trail, reducing the scope for tampering or external influence.

Judicial oversight is strengthened through traceability, allowing courts to verify authenticity, ensure compliance with timelines, and maintain procedural discipline. Transparency under the BNSS thus goes beyond administrative efficiency—it embodies fairness by ensuring that witness voices are neither lost nor distorted within the system. This, in turn, reinforces public trust in the criminal justice process.

CHALLENGES AND THE ROAD AHEAD

Despite its progressive framework, the effective implementation of the BNSS faces several challenges:

• Infrastructure Deficits: Many trial courts lack secure digital facilities for recording and storing electronic evidence.

• Digital Divide: Connectivity issues, especially in rural areas, may hinder remote testimony.

• Training Requirements: Judges, prosecutors, and police officers require specialized training to handle digital evidence and ensure witness privacy.

• Funding Constraints: The absence of a dedicated statutory Witness Protection Fund may limit measures such as relocation or anonymity.

• Cybersecurity Risks: Robust safeguards are necessary to prevent data breaches and unauthorized access to recorded testimony.

To fully realize “Witness Protection 2.0,” India may consider establishing an independent witness protection authority to oversee implementation, manage funding, and ensure uniform standards across states. Public awareness campaigns and community engagement can further empower witnesses to participate without fear.

CONCLUSION

The BNSS, 2023 represents a transformative step in reforming India’s criminal justice system. By integrating witness protection and transparency into statutory procedure, it strengthens the pursuit of truth and fairness in trials. “Witness Protection 2.0” is not merely a conceptual label—it reflects a structural evolution where technology, empathy, and accountability converge.

If implemented effectively, the BNSS can convert witnesses from fearful bystanders into empowered contributors to justice. A system that protects those who speak the truth ultimately strengthens the moral legitimacy of the law and reflects the values of a just and progressive society.

REFERENCES

1. Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Zahira Habibullah Sheikh v. State of Gujarat, (2004) 4 SCC 158.

3. Mahender Chawla v. Union of India, (2019) 14 SCC 615.

4. Witness Protection Scheme, 2018, Ministry of Home Affairs, Government of India.

5. Law Commission of India, 198th Report on Witness Identity Protection and Witness Protection Programmes (2006).