Case 26 of 30 in Law Easy's Supreme Court criminal procedure series. Mahender Chawla v. Union of India, Supreme Court of India, decided December 2018.
FACTS
The petitioners were witnesses and family members of witnesses in prosecutions of a self-styled spiritual leader and his son for rape. They said several witnesses had been attacked and some killed.
WHAT THE COURT HELD
The Union Government prepared a draft Witness Protection Scheme, 2018, which the Court approved and directed the Union, States and Union territories to enforce, declaring it law under Articles 141 and 142 until legislation is made. It applies to cases punishable with death, life or 7 years and above, and certain offences against women. Witnesses are placed in three threat categories, a district standing committee headed by the District and Sessions Judge decides on protection after a threat analysis report, and measures include avoiding face-to-face contact with the accused, security at home, escorts, in-camera trials, identity protection and a State Witness Protection Fund. Vulnerable witness deposition complexes were directed in district courts.
CURRENT LAW
Section 398 B.N.S.S. now requires each State Government to prepare and notify a witness protection scheme.
WATCH MORE
All 30 cases in order (playlist):
https://www.youtube.com/playlist?list=PLYOVyhaD5Gdw
Complete lecture with case-wise chapters (1 hr 52 min):
https://youtu.be/xrBwaWooHmg
Previous case (Case 25): Jagjeet Singh v Ashish Mishra (2022) -
https://youtu.be/be2WKJi9mjs
Next case (Case 27): Gian Singh v State of Punjab (2012) -
https://youtu.be/R_A4hBrBBwM
Notes and resources:
https://www.thelaweasy.com
Useful for LL.B., CLAT PG, UGC NET Law and Judiciary exam preparation. This video is for education only and is not legal advice.
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