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Witness Protection and Victim Rights
10.1 Witness Protection — New Emphasis
BNSS acknowledges witness protection without a standalone scheme but integrates it:
- Section 193(8): Investigation officer must record identity of informants/witnesses in a protected manner
- Section 289: Plea bargaining requires victim notification and consent
- Section 396: Courts can order in-camera (closed) proceedings in sexual offence cases to protect victim identity
Witness Protection Scheme 2018 (Supreme Court): The Supreme Court in Mahender Chawla v. UOI (2018) directed the Government to implement a Witness Protection Scheme — operationalised as a Central Government scheme. BNSS integrates this framework.
10.2 Victim Rights — Enhanced
| Right | BNSS Section | Old CrPC Equivalent |
|---|---|---|
| Information about investigation progress | S.193(3) | No equivalent |
| Heard before discharge of accused | S.230 | Limited |
| Free medical treatment (rape) | S.397 | No equivalent |
| Compensation by accused | S.395 | S.357 (discretionary) |
| Victim impact statement at sentencing | No specific provision | No provision |
