Case Note & Summary
The Supreme Court addressed the long-standing issue of creating a safe and barrier-free environment for recording evidence of vulnerable witnesses in criminal trials, emphasizing the need for such facilities over two decades. The Court referenced its earlier decisions in Sakshi v Union of India and State of Maharashtra v Bandu @ Daulat, which had issued directions for protecting vulnerable witnesses, including the use of screens and special centres. In this judgment, the Court noted the fairness of trial and substantive justice depend significantly on how vulnerable witnesses' statements are recorded, linking this to the dignity of person under Article 21 of the Constitution. The Court issued notice to all High Courts, and based on material presented, including a tabulated statement of infrastructure as of 25 October 2021, and suggestions from amicus curiae, it issued comprehensive directions under Article 142. These directions include expanding the definition of vulnerable witnesses to include categories such as age and gender neutral victims of sexual assault, witnesses with mental illness, and those under threat perception, adopting and notifying VWDC Schemes by High Courts within two months, setting up permanent VWDCs in every district, establishing a committee chaired by Justice Ms Gita Mittal for training, and coordinating with state governments for funding. The Court directed compliance reports and emphasized the role of National and State Legal Services Authorities in sensitization programs. The decision aims to implement earlier guidelines and ensure a conducive environment for vulnerable witnesses, upholding constitutional rights and access to justice.
Headnote
A) Criminal Procedure - Vulnerable Witnesses - Directions for Deposition Centres - Code of Criminal Procedure, 1973, Sections 273, 327; Indian Penal Code, 1860, Sections 354, 377; Protection of Children from Sexual Offences Act, 2012, Section 2(d); Mental Healthcare Act, 2017, Section 2(s); Indian Evidence Act, 1872, Section 118; Witness Protection Scheme, 2018 - The Supreme Court considered the importance of creating a barrier-free environment for vulnerable witnesses in criminal trials, expanding the definition of vulnerable witnesses beyond child witnesses to include age and gender neutral victims of sexual assault, witnesses with mental illness, and others. The Court issued directions under Article 142 of the Constitution for High Courts to adopt and notify VWDC Schemes, set up permanent VWDCs in every district, and establish a committee for training and implementation. Held that these measures are necessary to uphold the dignity of person under Article 21 and ensure fair trial. (Paras 1-5) B) Constitutional Law - Article 142 - Directions for Implementation - Constitution of India, Article 142 - The Supreme Court exercised its powers under Article 142 to issue directions for the implementation of VWDC Schemes across all High Courts, including the expansion of the definition of vulnerable witnesses, setting up of committees, estimation of costs, and coordination with state governments and legal services authorities. Held that these directions are intended to facilitate the earlier decisions in Sakshi v Union of India and State of Maharashtra v Bandu @ Daulat, ensuring substantive justice and access to justice for vulnerable witnesses. (Paras 4-5)
Issue of Consideration
The need for setting up facilities to create a safe and barrier-free environment for recording evidence of vulnerable witnesses in criminal cases
Final Decision
The Supreme Court issued directions under Article 142 of the Constitution for High Courts to adopt and notify Vulnerable Witnesses Deposition Centres (VWDC) Schemes, expand the definition of vulnerable witnesses, set up permanent VWDCs in every district, establish a committee for training, and coordinate with state governments for funding, with compliance reports to be filed.
Law Points
- Fair trial
- dignity of person under Article 21 of the Constitution
- access to justice
- protection of vulnerable witnesses
- expansion of definition of vulnerable witnesses
- implementation of Vulnerable Witnesses Deposition Centres (VWDC) Scheme
- directions under Article 142 of the Constitution
