Delhi HC releases new Guidelines for the Recording of Evidence of Vulnerable Witnesses

By: Admin
May 27, 2024
Categories: Law News
4 Min Read

The Hon’ble Delhi High Court issued Circular vide No. 116IRules/DHC dated May 20, 2024 suppresses the earlier “Guidelines for recording of evidence of vulnerable witnesses in criminal matters”, and releases the new “Guidelines of the High Court of Delhi for Recording of Evidence of Vulnerable Witnesses”.

Here are some key Points:

  1. Purpose and Scope: The guidelines aim to provide a sensitive and supportive environment for vulnerable witnesses in criminal matters, ensuring their best evidence and minimizing secondary victimization.
  2. Definition of Vulnerable Witnesses: Includes children under 18, victims of specific sexual offences, persons with disabilities, those with mental illnesses, witnesses with threat perceptions, and others deemed vulnerable by the court.
  3. Support Measures: Vulnerable witnesses may use testimonial aids such as screens, live links, and support persons, ensuring they can testify without direct exposure to the accused.
  4. Pre-trial and Court Procedures: Vulnerable witnesses should be familiarized with the court environment through pre-trial visits, meetings with judges, and explanations of court processes to reduce anxiety and trauma.
  5. Competency and Questioning: Courts must ensure that questioning of vulnerable witnesses is developmentally appropriate, straightforward, and free from harassment. Judges are to oversee the questioning to maintain dignity and avoid intimidation.
  6. In-Camera Proceedings and Privacy: Courts may conduct in-camera proceedings to protect the privacy of vulnerable witnesses, ensuring their personal details are not disclosed publicly.
  7. Support Persons and Legal Assistance: Vulnerable witnesses are entitled to have support persons present during trials and can receive legal assistance as provided by relevant laws and regulations.
  8. Use of Technology: Testimonies may be recorded via live-link television to avoid courtroom confrontations. Courts must ensure the proper functioning of technological aids to prevent disruptions.
  9. Protective Measures and Privacy: Measures must be taken to protect the privacy and physical safety of vulnerable witnesses, including non-disclosure of personal information and protective orders for video/audio recordings.

10.Review and Monitoring: These guidelines will be reviewed annually by independent bodies to ensure their effectiveness and compliance with evolving legal standards, with necessary updates made in response to legal developments.

The Complete Guidelines can be accessed at: https://a2z-bucket.s3.ap-south-1.amazonaws.com/

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