Which section mandates State Government prepare and notify a witness protection scheme with a view to ensure the protection of witnesses?
Explanation & Strategy
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Section 398 gives statutory force to witness protection, which previously relied solely on the Supreme Court's directions in Mahender Chawla vs. Union of India (2018). By making it a statutory mandate on State Governments, the BNSS ensures that witness protection is not discretionary but a legal obligation. This addresses one of the most persistent problems in Indian criminal trials — witnesses turning hostile due to threats.
The text reads: Section 398 BNSS: Every State Government shall prepare and notify a witness protection scheme to ensure protection of witnesses from threats, intimidation, and coercion.
Previously, witness protection was governed only by SC directives (Mahender Chawla case). BNSS S.398 gives it statutory backing for the first time.
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