Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024-explainer

1. Statutory Foundation and Judicial Objectives

The administration of criminal justice in India has undergone a foundational metamorphosis with the enactment of the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). This 2024 Revised Framework marks a strategic departure from the legacy procedures of the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. This protocol is designed to realign judicial conduct with modern legislative mandates, ensuring that the testimony of vulnerable witnesses—the "best evidence"—is not compromised by the inherent rigors of the adversarial system.

Mission Statement for Presiding Officers

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Model Guidelines for Recording of Evidence of Vulnerable Witnesses-2024 in accordance with the new Criminal Laws.

 

https://drive.google.com/file/d/1KRGNTn8uzQ_TfX4BWJY2h5_PmyMFJ4Im/view?usp=sharing

 

Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024

Objectives and Purpose

·       Enable vulnerable witnesses to depose freely in a safe and secure environment

·       Minimize harm or secondary victimization during participation in the justice system

·       Ensure effective implementation of rights for all parties - accused's right to fair trial, victim's right to participate effectively, and vulnerable witness protection

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