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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Questions and answers on law(Part 58)

Q No. 1 :- How many times preamble of constitution was amended?

Ans:- The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, 1976. The amendment added three new words:

1. Socialist
2. Secular
3. Integrity. It also changed "unity of the nation" to "unity and integrity of the nation

Q No. 2:- Which of the following Amendment of the Constitution deals with reservation for Economically Weaker Sections (EWS) in education and public employment?

Ans:- 103rd Constitutional Amendment provides 10% reservation for Economically Weaker Sections (EWS) in education and public employment.

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Supreme Court Guidelines for recording evidence of victim woman of sexual offences

  The legislature has, at places, moulded criminal procedure to enable victims of sexual crimes to seek justice. This has been done in recognition of the gravity of sexual crimes and the need to handle such cases in an appropriately sensitive manner. For instance, Section 327 CrPC provides for in camera trials to be conducted with respect to offences punishable under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code 1860. {Para 33}

34. This Court, too, has had its role to play in ensuring that justice does not remain inaccessible. In State of Maharashtra v. Bandu @ Daulat,10 this Court directed that special centres be set up in each state in order to facilitate depositions by vulnerable witnesses, including victims of sexual offences. In Smruti Tukaram Badade v. State of Maharashtra,11 a two-judge bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) supplemented the directions issued in Bandu @ Daulat (supra) with respect to setting up such special centres.

35. It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence;

b. Allowing the installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, directing the accused to leave the room while the aggrieved woman’s testimony is being recorded;

c. Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful fashion and without asking inappropriate questions, especially regarding the sexual history of the aggrieved woman. Cross-examination may also be conducted such that the counsel for the accused submits her questions to the court, who then poses them to the aggrieved woman;

d. Completing cross-examination in one sitting, as far as possible.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022.

Read full Judgment here: Click here

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Supreme Court: Hold In-Camera Trial In All Sexual Harassment Cases, Apart From Rape Cases

  The legislature has, at places, moulded criminal procedure to enable victims of sexual crimes to seek justice. This has been done in recognition of the gravity of sexual crimes and the need to handle such cases in an appropriately sensitive manner. For instance, Section 327 CrPC provides for in camera trials to be conducted with respect to offences punishable under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code 1860.

34. This Court, too, has had its role to play in ensuring that justice does not remain inaccessible. In State of Maharashtra v. Bandu @ Daulat,10 this Court directed that special centres be set up in each state in order to facilitate depositions by vulnerable witnesses, including victims of sexual offences. In Smruti Tukaram Badade v. State of Maharashtra,11 a two-judge bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) supplemented the directions issued in Bandu @ Daulat (supra) with respect to setting up such special centres.

35. It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence;

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022.

Read full Judgment here: Click here

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Supreme Court: Magistrate Should Order Police Investigation U/S 156(3) CrPC When Cognizable Offence of sexual harassment Is Prima Facie Found

  We cannot help but note that the police’s inaction in this case is most unfortunate. It is every police officer’s bounden duty to carry out his or her functions in a public-spirited manner. The police must be cognizant of the fact that they are usually the first point of contact for a victim of a crime or a complainant. They must abide by the law and enable the smooth registration of an FIR. Needless to say, they must treat all members of the public in a fair and impartial manner. This is all the more essential in cases of sexual harassment or violence, where victims (who are usually women) face great societal stigma when they attempt to file a complaint. It is no secret that women’s families often do not approve of initiating criminal proceedings in cases of sexual harassment. Various quarters of society attempt to persuade the survivor not to register a complaint or initiate other formal proceedings, and they often succeed. Finally, visiting the police station and interacting with police officers can be an intimidating experience for many. This discomfort is often compounded if the reason for visiting the police station is to complain of a sexual offence. {Para 16}

17. This being the case, the police ought not to create yet another obstacle by declining to register an FIR despite receiving a complaint regarding sexual harassment. Rather, they should put the complainant at ease and try to create an atmosphere free from fear. They ought to be sensitive to her mental state and the fact that she may have recently been subjected to a traumatic experience.

18. Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is made out, they may file a B Report under Section 173 CrPC. However, it is not open to them to decline to register an FIR. The law in this regard is clear - police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022

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Supreme Court Expands Definition Of Vulnerable Witnesses

5. The directions are enumerated below:

(i) The definition of “vulnerable witness” contained in Clause 3(a) of the ‘Guidelines for recording evidence of vulnerable witnesses in criminal matters’4 of the High Court of Delhi shall not be limited only to child witnesses who have attained the age of 18 years and should be expanded to include, inter alia, the following categories of vulnerable witnesses:

4 “VWDC Scheme” available at http://delhihighcourt.nic.in/writereaddata/upload/notification/notificationfile_lcwcd2x4.pdf.

(a) Age neutral victims of sexual assault read with Sections 273 and 327 of the Code of Criminal Procedure 1973 and Section 354 of the Indian Penal Code 1860 (“IPC”);

(b) Gender neutral victims of sexual assault read with Section 2(d) of the Protection of Children from Sexual Offences Act 2012;

(c) Age and gender neutral victims of sexual assault under Section 377 of the Indian Penal Code 1860 read with paragraph 34(1) of the decision in Sakshi (supra);

(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 1872;

(e) Any witness deemed to have a threat perception under the Witness Protection Scheme 2018 of the Union Government as approved by this Court in Mahender Chawla v Union of India, (2019) 14 SCC 615;

(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; and

(g) Any other witness deemed to be vulnerable by the concerned court.

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 DR DHANANJAYA Y CHANDRACHUD; SURYA KANT, JJ.

Miscellaneous Application No 1852 of 2019 in Criminal Appeal No 1101 of 2019

 Smruti Tukaram Badade Vs State of Maharashtra & Anr.

Author:Dr Dhananjaya Y Chandrachud, J

Dated: January 11, 2022 

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