Section 398 BNSS: Witness protection scheme (New BNSS Provision - State Witness Protection Scheme)

Section 398 of Bharatiya Nagarik Suraksha Sanhita, 2023: Witness protection scheme

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 398

Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the statutory Witness Protection Scheme, institutionalizing protections against intimidation and hostility.

Evidentiary Proof & Admissibility: Section 398 mandates that every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of witnesses who face threats, intimidation, or violence.
Core Legal Standard: The scheme incorporates threat assessment matrices, identity concealment, relocation assistance, installation of CCTV cameras, and secure transportation to and from court.

Key Landmark Precedents:

Mahender Chawla v. Union of India (2019) 14 SCC 615: The Supreme Court approved the Witness Protection Scheme 2018, holding that witness protection is foundational to the rule of law and the constitutional guarantee of a fair trial under Article 21.
Zahira Habibullah Sheikh v. State of Gujarat (2004) 4 SCC 158: Highlighted that witnesses turning hostile due to state inaction and criminal intimidation strikes at the very root of the administration of justice.

Legal Commentary:

Section 398 addresses one of the greatest systemic weaknesses of Indian criminal trials. When witnesses face harassment or threats from powerful accused persons, counsel or the witness can apply directly to the competent authority under Section 398 for round-the-clock armed protection and in-camera deposition.