As per the case facts, the case discusses the long-standing need for and importance of establishing facilities for recording evidence of vulnerable witnesses. The appeal to the Supreme Court likely ...
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1
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Miscellaneous Application No 1852 of 2019 in
Criminal Appeal No 1101 of 2019
Smruti Tukaram Badade .... Appellant(s)
Versus
State of Maharashtra & Anr ....Respondent(s)
J U D G M E N T
Dr Dhananjaya Y Chandrachud, J
1 The need for and importance of setting up facilities which cater to the need for
creating a safe and barrier free environment for recording the evidence of
vulnerable witnesses has engaged the attention of this Court over two decades. In
Sakshi v Union of India
1
, this Court issued directions in addition to those which were
contained in the decision in State of Punjab v Gurmit Singh
2
. The relevant extract
from the decision in Sakshi (supra) reads thus:
“34. […]
(1) The provisions of sub-section (2) of Section 327 CrPC shall, in
addition to the offences mentioned in the sub-section, also
apply in inquiry or trial of offences under Sections 354 and
377 IPC.
(2) In holding trial of child sex abuse or rape:
1 (2004) 5 SCC 518
2 (1996) 2 SCC 384
2
(i) a screen or some such arrangements may be made where
the victim or witnesses (who may be equally vulnerable like
the victim) do not see the body or face of the accused;
(ii) the questions put in cross- examination on behalf of the
accused, insofar as they relate directly to the incident,
should be given in writing to the presiding officer of the
court who may put them to the victim or witnesses in a
language which is clear and is not embarrassing;
(iii) the victim of child abuse or rape, while giving testimony in
court, should be allowed sufficient breaks as and when
required.”
2 More recently, in State of Maharashtra v Bandu @ Daulat
3
, directions were issued by
this Court for setting up “special centres for examination of vulnerable witnesses” in
criminal cases so as to facilitate a conducive environment for recording the
statements of vulnerable witnesses. This Court dwelt on the guidelines which have
been issued by the High Court of Delhi for recording the evidence of vulnerable
witnesses in criminal matters and noted that special centres have been set up in
Delhi for that purpose. While observing that the direction of the High Court of Delhi
for setting up special centres for vulnerable witnesses is consistent with the earlier
decisions of this Court and supplement the principles which have been laid down,
this Court issued the following directions:
“12. […] all High Courts can adopt such guidelines if the same
have not yet been adopted with such modifications as may be
deemed necessary. Setting up of one centre for vulnerable
witnesses may be perhaps required almost in every district in the
country. All the High Courts may take appropriate steps in this
direction in due course in phases. At least two such centres in the
jurisdiction of each High Court may be set up within three months
from today. Thereafter, more such centres may be set up as per
decision of the High Courts.”
3 The fairness of the process of trial as well as the pursuit of substantive justice are
determined in a significant measure by the manner in which statements of
vulnerable witnesses are recorded. The dignity of person, which is an intrinsic
3 (2018) 11 SCC 163
3
element of Article 21 of the Constitution, cannot be left to the vagaries of insensitive
procedures and a hostile environment. Access to justice mandates that positive
steps have to be adopted to create a barrier free environment. These barriers are
not only those which exist within the physical spaces of conventional courts but
those which operate on the minds and personality of vulnerable witnesses. There is a
pressing need to facilitate the salutary purpose underlying the creation of a barrier
free environment where depositions can be recorded freely without constraining
limitations, both physical and emotional. This requires not just the creation of
infrastructure but sensitizing all stakeholders.
4 This Court issued notice to all the High Courts in pursuance of which they have
appeared through Counsel. Based on the material which has been placed before
the Court, Ms Vibha Datta Makhija, amicus curiae , has prepared a tabulated
statement of the position of infrastructure in various High Courts as of 25 October
2021. A copy of the tabulated statement is annexed as a broad indicator at
Annexure ‘A’ to this order. Based on the deliberations which have taken place
during the course of proceedings in the Court, the suggestions which have been
proposed by the amicus curiae and the responses of some of the Counsel who
have appeared on behalf of the High Courts, the following directions are issued
under Article 142 of the Constitution in furtherance of the earlier decisions of this
Court. These are intended to facilitate the implementation of the directions which
were rendered on 24 October 2017 in Bandu (supra) and earlier in other decisions.
5 The directions are enumerated below:
(i) The definition of “vulnerable witness” contained in Clause 3(a) of the
‘Guidelines for recording evidence of vulnerable witnesses in criminal
4
matters’
4
of the High Court of Delhi shall not be limited only to child witnesses
who have attained the age of 18 years and should be expanded to include,
inter alia, the following categories of vulnerable witnesses:
(a) Age neutral victims of sexual assault read with Sections 273 and 327 of
the Code of Criminal Procedure 1973 and Section 354 of the Indian
Penal Code 1860
5
;
(b) Gender neutral victims of sexual assault read with Section 2(d) of the
Protection of Children from Sexual Offences Act 2012;
(c) Age and gender neutral victims of sexual assault under Section 377 of
the Indian Penal Code 1860 read with paragraph 34(1) of the decision
in Sakshi (supra);
(d) Witnesses suffering from “mental illness” as defined under Section 2(s)
of the Mental Healthcare Act 2017 read with Section 118 of the Indian
Evidence Act 1872;
(e) Any witness deemed to have a threat perception under the Witness
Protection Scheme 2018 of the Union Government as approved by this
Court in Mahender Chawla v Union of India
6
;
(f) Any speech or hearing impaired individual or a person suffering from
any other disability who is considered to be a vulnerable witness by the
competent court; and
4 “VWDC Scheme” available at
http://delhihighcourt.nic.in/writereaddata/upload/notification/notificationfile_lcwcd2x4.pdf
.
5 “IPC”
6 (2019) 14 SCC 615
5
(g) Any other witness deemed to be vulnerable by the concerned court.
(ii) The High Courts shall adopt and notify a Vulnerable Witnesses Deposition
Centres
7
Scheme within a period of two months from the date of this order
unless a scheme is already notified. The High Courts which already have
existing VWDC Schemes in place may consider making suitable modifications
in conformity with the guidelines which are indicated in the present order. In
formulating the VWDC Scheme, the High Courts shall have due regard to the
scheme which has been formulated by the High Court of Delhi, whi ch has
been duly approved in the judgment of this Court in Bandu (supra);
(iii) Every High Court should set up an in-house permanent VWDC Committee for
continuously supervising the implementation of the present directions and
making a periodic assessment of the number of VWDCs required in each
district proportionate to the time required for recording evidence of
vulnerable witnesses and to coordinate the conduct of periodic training
programmes;
(iv) Every High Court is requested to make an estimation of cos ts towards
manpower and infrastructure required to set up at least one permanent
VWDC in every establishment of the District Court (or additional Sessions Court
establishments) and estimate the optimal number of VWDCs required for the
entire State within a period of three months;
(v) Having due regard to the importance of conducting periodic training
programmes for manning and managing the VWDCs and sensitizing all stake
7
“VWDC”
6
holders, including judicial officers, members of the Bar and the staff of the
court establishment, we constitute a Committee chaired by Justice Ms Gita
Mittal, former Chief Justice of the Jammu and Kashmir High Court. The
Committee shall devise and implement an All India VWDC Training
Programme, besides engaging with the High Courts on the c reation of
infrastructure for VWDCs. The initial tenure of the Chairperson shall be for a
period of two years. All High Courts or concerned role assignees shall
facilitate and give full cooperation in conducting training programmes in
terms of the module which may be prepared by the Chairperson;
(vi) Upon the estimation of costs prepared by the VWDC Committee of each
High Court, the State Government shall expeditiously sanction the requisite
funds within a period of three months from the date of the submission of the
proposal or the end of the financial year, whichever is earlier, and disburse
the funds to the High Court in accordance with the project plan. The State
Government shall nominate a nodal officer of the Finance Department who
shall be associated ex officio with the work of the VWDC Committee of the
High Court, to facilitate the implementation of the proposal submitted by the
High Court in terms of these directions;
(vii) The High Courts shall ensure that at least one permanent VWDC is set up in
every District Court establishment (or additional Sessions Court establishments)
within a period of four months. The Registrars General of the High Courts shall
file compliance reports before this Court;
(viii) In many States, ADR Centres have been set up by the High Courts in close
proximity to the court establishments in the districts. Where such ADR Centres
are in place, the High Courts would be at liberty to ensure that the VWDC is
7
made available within the premises of the ADR Centre so as to secure a safe,
conducive and barrier free environment for recording the depositions of
vulnerable witnesses;
(ix) The National Legal Services Authority
8
as well as the State Legal Services
Authorities
9
have a vital stake and role, particularly in devising and
implementing sensitization and training programmes. The Chairperson of the
Committee appointed by this Court is requested to engage with NALSA and
SLSAs (subject to the directions which may be issued by the Hon’ble Executive
Chairperson of NALSA) so as to pro vide an effective interface for
implementing the scheme for training;
(x) The Hon’ble Chief Justices of the High Courts would be at liberty to take all
appropriate steps either on the administrative side or on the judicial side in
furtherance of the present directions and to monitor compliance on a
periodic basis;
(xi) The Chief Justice of the High Court of Delhi is requested to make available a
work space/room for the office of the VDWC Committee Training Centre and
requisite staff, preferably personnel who have previously assisted in the
development and implementation of the Training Modules of the Delhi High
Court and to designate a Coordinator of the programme in consultation with
the Chairperson. Appropriate secretarial and logistical support staff and
equipment may be made available to the Committee on a reasonable
remuneration as fixed by the Chairperson. The expenses in that regard,
including the honorarium payable to the Chairperson shall be defrayed by
8 “NALSA”
9 “SLSAs”
8
the Ministry of Women and Child Developmen t to the Director of the Delhi
Judicial Academy. The Chairperson may fix a reasonable honorarium for the
work assigned to her under the terms of this order. In the event that any
further directions are necessary, the Chairperson may seek them before this
Court and any communication in that regard shall be placed for further
directions; and
(xii) The Ministry of Women and Child Development of the Union Government shall
designate a nodal officer for coordinating the implementation of these
directions and for providing all logistical support to Justice Ms Gita Mittal, the
Chairperson of the Committee appointed by this Court. This would include
the payment of honorarium to the Chairperson in terms as fixed by the
Chairperson and meeting the expenses, including those towards engaging
domain experts for training programmes. The Union Ministry of Women and
Child Development and all Ministries of Women and Child Development in
the States shall coordinate with the Chairperson and extend logistical support.
The High Courts shall, in consultation with the Chairperson of the Committee,
enlist experts in the field to facilitate proper training and development of all
stake holders.
6 A copy of this order shall be forwarded by the Secretary General of this Court to the
Secretary, Ministry of Women and Child Development of the Union Government and
to the Secretaries of the Ministries of Women and Child Development of all the State
Governments for compliance. A copy of this order shall also be emailed to Justice
Ms Gita Mittal for information and also to the Registrars General of all the High
Courts for implementation by the High Courts.
7 We conclude by recording our appreciation of the dedicated effort of the amicus
9
curiae.
8 The Miscellaneous Application is accordingly disposed of.
9 Pending application, if any, stands disposed of.
…………...…...….......………………........J.
[Dr Dhananjaya Y Chandrachud]
…..…..…....…........……………….…........J.
[Surya Kant]
New Delhi;
January 11, 2022
-S-
IN THE SUPREME COURT OF INDIA
M.A. No. 1852 of 2019
IN
Crl. App. No. 1101 of 2019
IN THE MATTER OF:-
Smruti Tukaram Badade ……Petitioner
Versus
State of Maharashtra & Anr. ……Respondents
INDEX
Dated: 25.10.2021
S.No. Particulars Page No.
1. Status Report Submitted by Vibha Datta Makhija, Senior Advocate on
Reports from various High Courts in compliance of order dated 4.10.2019
passed by the Hon’ble Supreme Court for the establishment of
Vulnerable Witness Deposition Centers (VWDC) for hearing on
25.10.2021.
1-15
1
Smruti Tukaram Badade v. State of Maharashtra & Anr.
M.A. No. 1852 of 2019 in Crl. App. No. 1101 of 2019
Reports from various High Courts in compliance of order dated 4.10.2019 passed by the Hon’ble Supreme Court for the establishment of Vulnerable
Witness Deposition Centers (VWDC).
HIGHLIGHTS:
24 out of 25 High Courts have submitted status reports regarding establishment of Vulnerable Witness Deposition Centers. Report from Manipur
High Court has not been filed as per office report dated 25.10.2021.
In 15 out of 25 High Courts, at least 1 Permanent Vulnerable Witness Deposition Centre has been established. In 9 remaining High Courts, not even 1
Permanent Vulnerable Witness Deposition Centre has been established.
Delhi has established at least 1 Permanent Vulnerable Witness Deposition Centre in all its functional District Courts. Delhi High Court has also formulated
guidelines for recording of evidence of vulnerable witnesses in criminal matters. This has been adopted by other High Courts as well.
Maharashtra has the most number of Permanent Vulnerable Witness Deposition Centers in its District and Subordinate Courts.
S.No
. /
Ran
king
Concerned
High Court
Date of
Status
Report
Number of
vulnerable
witness
deposition
s centers
established
-
permanent
Number of
vulnerable
witness
deposition
centers –
temporary/
insufficient
infrastruct
ure
GUIDELINES Status of compliance regarding establishment of
Vulnerable Witness Deposition Courts
Financial
Status/Funds
Requested
1. Bombay
High Court
[Pg. No. 5-
10A
[No. of
District
Courts =33 ]
6.9.2019
116
[INCLUDI
NG AT
SUBORDI
NATE
COURTS]
NIL AS PER THE
DIRECTIONS
IN CRL.
APPEAL NO.
1101 OF 2019,
NOTICE WAS
ISSUED BY
THE BOMBAY
HIGH COURT
TO THE
REGISTRAR
WORK COMPLETED FOR 1 16 VULNERABLE
WITNESS DEPOSITION C OURTS IN THE STATE
Status of establishment of Vulnerable Witness Deposition
Courts as on 1.8.2019
S.N
o.
Particulars Total Grand
Total
1. Work Completed 115+1 116
2. Work in Progress 72 72
3. Tender Stage 9 9
DIFFERENT
DISTRICTS
HAVE
FORWARDE
D THEIR
FUND
REQUIREME
NTS TO THE
GOVERNME
NT OF
MAHARASH
2
GENERAL TO
ESTABLISH
VWDCS.
4. Estimate Stage 6 6
Total 203 203
Proposal for construction of a new Court building with the
provision of a Vulnerable Witness Deposition Court is
pending at Thane Headquarters.
82 FUNCTIONAL VULNER ABLE WITNESS
DEPOSITION CENTERS O UT OF A TOTAL OF 227
No.
of
Place
s
Vulnerable Witness Deposition
Centre
On way
glass to
witness
box
Functional Work in
Progress
With
full-
fledge
d
faciliti
es
With
partial
faciliti
es
With
full-
fledged
facilitie
s
With
partial
facilitie
s
Fun
ctio
nal
Wo
rk
in
Pro
gre
ss
227 33 49 32 31 49 23
TRA. SOME
DISTRICTS
HAVE
RECEIVED
FUNDING
AND IT IS
PENDING
FOR
OTHERS.
2. Rajasthan
High Court
[Pg. No. 43-
52
[No. of
District
Courts = 36]
09.01.20
20
24 10 NO
GUIDELINES
AVAILABLE.
TOTAL DISTRICTS = 35
CENTERS PERMANENTLY ESTABLIS HED = 24
DISTRICTS
CENTERS TEMPORARILY ESTABLISHED = 10
DISTRICTS
Vulnerable Witness Deposition Courts/Centers set up in the
Court premises in 24 Districts – Ajmer, Balotra, Baran,
Bhilwara, Bikaner, Bundi, Chittorgarh, Dausa, Dholpur,
Ganganagar, Hanumangarh, Jhunjhunu, Jaipur District, Jaipur
Metropolitan, Jodhpur District, Jodhpur Metropolitan,
Karauli, Merta, Pali, Sawai Madhopur, Sikar, Sirohi, Tonk and
Udaipur
SOME
DISTRICTS
HAVE
ASKED FOR
FUNDS FOR
MAKING
THE
CENTRES
WHICH ARE
CURRENTL
Y
TEMPORAR
Y INTO
3
Temporary arrangements for Vulnerable Witness
Deposition Courts made in 10 Districts - Alwar, Banswara,
Bharatpur, Churu, Jaisalmer, Jalore, Jhalwar, Kota, Pratapgarh
and Rajsamand.
No Centre established - Dungarpur
PERMANEN
T. NO
INFORMATI
ON
AVAILABLE
ON GRANT
OF FUNDS.
3. Gujarat
High Court
[SEPARAT
E
VOLUME 9
[No. of
District
Courts = 34]
05.02.20
20
24 NIL NO
GUIDELINES
AVAILABLE
24 VULNERABLE DEPOSI TION CENTERS
FUNCTIONAL
In 33 Judicial districts, vulnerable deposition
centers have been planned.
7 district deposition centers are ready for
inauguration by the end of February 2020.
2 districts Mahisagar and Narmada, new building
for district and sessions court is under construction and
vulnerable deposition centers under construction in
newly constructed court buildings.
NO
INFORMATI
ON
AVAILABLE
4. Delhi High
Court
[SEPARAT
E
VOLUME 2
No. of
District
Courts = 6]
20.01.20
20
10 NIL DELHI HIGH
COURT HAVE
CREATED
THEIR OWN
GUIDELINES.
GUIDELINES
FOR
RECORDING
OF EVIDENCE
OF
VULNERABL
E WITNESSES
IN CRIMINAL
MATTERS.
6 COURT COMPLEXES VU LNERABLE DEPOSITION
CENTRES ARE ESTABLIS HED – TOTAL 10 WITNESS
DEPOSITION COURTOOMS
Rouse Avenue District Court – vulnerable witness
deposition centre is not established because at present,
only CBI and Labour court are functioning.
S.N
o
Court
Complex
District No. of
vulnerable
witness
deposition
courtrooms
established
No. of
vulnerable
witness
deposition
courtroom
s to be
establishe
d
1. Tis Hazari Central 1 3
West 0
2. East 2 6
NO
INFORMATI
ON
AVAILABLE
4
Karkardoom
a
North-
East
0
Shahdara 0
3. Dwarka South-
West
2 NIL
4. Rohini North-
West
2 NIL
North 0
5. Patiala
House
New
Delhi
1 NIL
6. Saket South 2 NIL
South-
East
0
7. Rouse
Avenue (not
yet district
court)
New
Delhi
N/A N/A
5. Orissa
High Court
[Pg. No. 53
[No. of
District
Courts = 30]
21.01.20
20
9 NIL NO
GUIDELINES
AVAILABLE
9 VULNERABLE WITNESS DEPOSITION
COMPLEXES HAVE BEEN SET UP
9 districts where vulnerable witness deposition
complexes have already been set up – e.g., Boudh,
Cuttack, Dhenkanal, Ganjam, Jajpur, Khurda,
Phulbani, Sambalpur and Sonepur.
In 7 districts, no space is available for setting up such
complexes – e.g., Bhadrak, Deogarh, Jagatsinghpur,
Jharsuguda, Keonjhar, Nuapada, Rayagada.
Collector and the executive engineer of other districts have been
requested to take necessary steps for construction of vulnerable
witness deposition complexes in their districts.
NO
INFORMATI
ON
AVAILABLE
6. Madras
High Court
[Pg. No. 37-
42
02.01.20
20
6 NIL NO
GUIDELINES
AVAILABLE.
6 CHILD FRIENDLY DEP OSITION COURT
ESTABLISHED
Child Friendly Deposition Court established at City Civil
Court Complex, Chennai
GOVERNME
NT HAS
SANCTIONE
D AMOUNT
ONLY FOR
5
[No. of
District
Courts = 32]
Work completed for creation of Child Friendly Environment
in Mahila Courts in 5 districts viz. Coimbatore, Salem,
Madurai, Trichy, Tirunelveli
Funds sanctioned for setting up Vulnerable Witness and
Child Witness Examination Centers in the Combined Court
Building Campus at Tiruvannamalai - Construction to be
commenced
Proposal for sanction of funds pending for construction of
Vulnerable and Child Witness Examination Centers in
Combined Court Building Campus at Salem, Karur,
Tiruvallur, Trichy and Krishnagiri
Construction of Centers at Combined Court Building Campus
at Vellore, Theni and Perambalur are pending consideration
before High Court
Committee for 15
th
Finance Commission approved
establishment of 70 Vulnerable Witness Deposition Courts in
61 places in the State – All Principle District Judges/District
Judges directed to set up Centers
SOME
DISTRICTS
WHILE
OTHERS
ARE STILL
AWAITING
FUNDS.
7. Punjab &
Haryana
High Court
[SEPARAT
E
VOLUME 6
[No. of
District
Courts in
Punjab =
22]
21.12.20
19
1
________
5
NIL
__________
NIL
NO
GUIDELINES
AVAILABLE
CHANDIGARH – 1 VULNERABLE WITNESS CENTER
ESTABLISHED
Vulnerable Witness Center established in the Judicial Courts
Complex, Chandigarh
__________________________________________________
PUNJAB - VULNERABLE WITNESS C ENTERS
ESTABLISHED IN 5 OUT OF 20 DISTRICTS
Vulnerable Witness Centers established in 5 districts –
Patiala, Bathinda, Fatehgarh Sahib, Kapurthala and S.A.S.
Nagar
Cost estimate has been approved by the Building Committee,
Punjab for establishment of a Vulnerable Witness Center at
Sangrur
Cost estimates under consideration by the Building
Committee, Punjab for establishment of Vulnerable Witness
STATE HAS
GRANTED
FUNDS FOR
SOME
DISTRICTS.
COST
ESTIMATE
PENDING IN
SOME
DISTRICTS.
IN OTHER
DISTRICTS,
FINANCIAL
SANCTION
YET TO BE
GRANTED.
6
[No. of
District
Courts in
Haryana =
21]
_________
2
__________
NIL
Centers at 5 districts – Ferozepur, Gurdaspur, Barnala, Mansa
and Sri Mukatsar Sahib
Cost estimate under preparation for 4 districts – Moga,
Fazilka, Tarn Taran, Pathankot
Provision to be made for establishment of Vulnerable
Witness Deposition Centers in the Judicial Courts Complexes
under construction/proposed in 5 districts- Hoshiarpur,
Jalandhar, Ropar, S.B.S. Nagar and Khanna
HARYANA – 2 VULNERABLE WITNESS DEPOSITION
CENTERS HAVE BEEN ES TABLISHED
Centers established at Kurukshetra and Sirsa
Architectural drawing approved by the Building Committee,
Haryana at Bhiwani, Faridabad and Rohtak
Architectural drawing pending before the Building
Committee, Haryana at Narnaul
Architectural drawing under consideration by the Court at
Palwal
Layout plan approved by the Building Committee, Haryana at
Kaithal
Cost estimate pending approval before the Building
Committee, Haryana for establishment of Vulnerable Witness
Centers at the Judicial Court Complex at Jagadhri in District
Yamuna Nagar and at Jhajaar
Cost estimate for audio-video conferencing system at the
Vulnerable Witness Centre in the Judicial Courts Complex,
Panipat has been approved by the Building Committee,
Haryana and is pending before the Government of Haryana
for administrative approval and allotment of funds
For other Districts in Haryana, matter is under consideration
before the Building Committee of the Court
8. Karnataka
High Court
20.12.20
19
4 1 NO
GUIDELINES
AVAILABLE.
AVAILABILITY OF VULN ERABLE WITNESS
DEPOSITION COURTS IN 4 OUT OF 30 DISTRICTS
NO
INFORMATI
ON
AVAILABLE
7
[SEPARAT
E
VOLUME 4
[No. of
District
Courts = 30]
Vulnerable Witness Deposition Court Rooms available in 3
districts (out of 30 districts) i.e. Bengaluru City, Bengaluru
Rural and Ballari District, Raichur
DISTRICT HASSAN - Court room designated to try
POCSO Act cases (provided with child friendly environment,
partition room in the Court hall with one-way glass, attached
waiting room with toilet) can be used as a Vulnerable
Witness Deposition Court
DISTRICT KODAGU -MADIKERI - 1 Court Room in the
newly constructed District Court building (scheduled to be
completed by December 2019) can be used as a Vulnerable
Witness Deposition Court
DISTRICT SHIVAMOGGA - Modifications proposed to
court room designated to try POCSO Act cases to function
as a Child Friendly as well as Vulnerable Witness
Deposition Court
DISTRICT CHAMARAJANAGAR - Cost estimate has
been prepared and submitted by PWD, Chamarajanagar for
alteration of ADR room into a Vulnerable Witness
Deposition Court
REMAINING 22 DISTRICTS – Provisions have been made,
in consultation with the State Govt., for suitable
space/accommodation for establishing Vulnerable Witness
Deposition Courts
9. Madhya
Pradesh
High Court
[SEPARAT
E
VOLUME 5
[No. of
District
Courts = 50]
16.1.202
0
4 NIL MADHYA
PRADESH
HAS
FORUMLATE
D ITS OWN
GUIDELINES:
NORMS
FORMULATE
D
REGARDING
CONSTRUCTI
VULNERABLE WITNESS DEPOSITION C ENTERS
ESTABLISHED = 4 DISTRICTS
Vulnerable Witness Deposition Centers established in 4
Districts – Jabalpur, Katni, Bhopal and Ujjain
Construction of 15 Vulnerable Witness Deposition Centers
in progress in 8 Districts – Vidisha, Rewa, Dewas, Indore,
Shajapur, Hoshangabad, Mandla and Umaria
Tender process pending completion for 11 Centers – 6
Districts
Proposal for 19 Centers in 12 Districts – Pending
Administrative and Financial Sanction
STATE HAS
GRANTED
FUNDS FOR
SOME
DISTRICTS.
TENDER
PROCESS
PENDING IN
SOME
DISTRICTS.
IN OTHER
8
ON OF CHILD-
FRIENDLY
COURTS/VUL
NERABLE
WITNESS
COMPLEX IN
VARIOUS
DISTRICT
AND TEHSIL
PLACES OF
THE STATE
OF MP –
APRIL 2017
Detailed Project Report (DPR)/Plans – Pending in other
Districts
DISTRICTS,
FINANCIAL
SANCTION
YET TO BE
GRANTED.
10. Jharkhand
High Court
[Pg. No. 16-
22
[No. of
District
Courts = 24]
11.12.20
19
3 4 NO
GUIDELINES
AVAILABLE.
TOTAL = 24 DISTRICTS
COURTS PERMANENTLY E STABLISHED = 3
TEMPORARY ARRANGEMEN TS MADE = 4
Vulnerable Witness Deposition Court set up – Khunti
(complete provisions yet to be made); Pakur; Ramgarh
Temporary arrangement done for Vulnerable Witness
Deposition Courts at Deoghar; Dumka (temporarily POCSO
Court being used); Latehar (temporary arrangements made in
Court of District & Addnl. Sessions Judge and District &
Addnl. Sessions Judge-I, Latehar)
POCSO Courts established as Vulnerable Witness
Deposition Courts – Garhwa
No provision for Vulnerable Witness Deposition Courts –
Dhanbad; Giridh (POCSO Court established); Godda;
Hazaribag (temporarily using curtains); Lohardaga
(temporarily using curtains); Jamtara (presently using video
conferencing room); Palamau at Daltonganj (temporarily
video conferencing hall being used); Seraikella Kharsawan;
Simdega
Cost estimate sent for setting up Vulnerable Witness
Deposition Courts at Civil Court, Bokaro (2 Courts) and Sub-
ESTIMATIO
N COST HAS
BEEN SENT
FOR
SETTING UP
VULNERAB
LE WITNESS
DEPOSITION
CENTRES IN
SOME
DISTRICTS.
THEY ARE
STILL
AWAITING
THE FUNDS.
9
Divisional Civil Courts, Bermo at Tenughat (2 Courts);
Chatra; Koderma; Sahibaganj (temporarily using POCSO
Court) – pending approval
Map planning pending for Vulnerable Witness Deposition
Courts - East Singhbhum, Jamshedpur
Map approved for Vulnerable Witness Deposition Court –
Gumia
Construction in progress of Vulnerable Witness Deposition
Court in new Civil Courts, Ranchi – Likely to be completed
soon (temporarily using curtains)
Lay out plan submitted for construction of new Court Complex
– West Singhbhum, Chaibasa
11. Uttarakhan
d High
Court
[Pg. No. 27-
28
[No. of
District
Courts = 13]
13.12.20
19
2 NIL NO
GUIDELINES
AVAILABLE.
VULNERABLE WITNESS D EPOSITION COURTS
ESTABLISHED IN 2 OUT OF 13 DISTRICTS
Vulnerable Witness Deposition Courts established in 2
districts out of 13 Districts in the State of Uttarakhand–
Chamoli and Champawat
Not yet established in remaining 11 districts – Almora,
Bageshwar, Dehradun, Haridwar, Nainital, Pauri, Pithoragarh,
Rudraprayag, Tehri Garhwal, Udham Singh Nagar and
Uttarkashi
NO
INFORMATI
ON
AVAILABLE
12. Tripura
High Court
[Pg. No. 36
[No. of
District
Courts = 8]
09.12.20
19
2 NIL NO
GUIDELINES
AVAILABLE.
2 VULNERABLE WITNESS DEPOSITION CENTER
ESTABLISHED
Vulnerable Witness Deposition Center established at
Udaipur, Gomati Judicial District
State Government approached for release of funds for
setting up the Vulnerable Witness Deposition Center at
Agartala, West Tripura Judicial District
Vulnerable Witness Deposition Centers to be established
gradually in other Districts.
STATE
GOVERNME
NT HAS
RELEASED
FUNDS
ONLY FOR
TWO
DISTRICTS
AND WAS
APPROACH
ED FOR
RELEASE OF
FUNDS IN
10
OTHER
DISTRICTS.
13. Meghalaya
High Court
[Pg. No. 30-
35
[No. of
District
Courts = 11]
25.10.20
19
2 NIL GUIDELINES
FOR
RECORDING
OF EVIDENCE
OF
VULNERABL
E WITNESSES
IN CRIMINAL
MATTERS
HAVE BEEN
DRAFTED
BUT HIGH
COURT HAS
STILL NOT
YET
NOTIFIED
THE
GUIDELINES.
2 VULNERABLE WITNESS CENTERS HAVE BEEN
ESTABLISHED
2 Vulnerable Witness Centers established at Shillong and
Tura District Courts [Govt. of Meghalaya, Law Dept.
Notification No. LR (B)43/2017/Pt.I/1064 dated 19.1.2018]
Registrar General, High Court of Meghalaya has written to
Commissioner and Secretary, Govt. of Meghalaya, Law Dept.
to set up Vulnerable Witness Centers in other Districts in the
State [Letter No. HCM II/214/2017/Estt. /31 dated 22.10.2019]
NO
INFORMATI
ON
AVAILABLE
14. Jammu and
Kashmir
High Court
[Pg. No. 12-
15
[No. of
District
Courts = 20]
25.10.20
19
1 NIL NO
GUIDELINES
AVAILABLE
1 VULNERABLE WITNESS DEPOSITION COURT
ESTABLISHED
1 Vulnerable Witness Deposition Court established –
District Court, Srinagar
Steps undertaken for setting up Vulnerable Witness Deposition
Courts in other Districts
NO
INFORMATI
ON
AVAILABLE
15. Patna High
Court
[Pg. No. 1-
4]
10.12.20
19
1 NIL HIGH COURT
LETTER NO.
87051/SUPRE
ME COURT
1 VULNERABLE WITNESS DEPOSITION COURT
ESTABLISHED
NOT
AVAILABLE
11
[No. of
District
Courts = 37]
DEPARTMEN
T DATED
15.12.2017
AND HIGH
COURT
LETTER
NO.91669/SUP
REME COURT
DEPARTMEN
T DATED
02.12.2019.
Vulnerable Witness Deposition Court established – Civil
Court, Patna
Architectural Map pending for construction of Vulnerable
Witness Deposition Court – Civil Court, Bhagalpur
16. Himachal
Pradesh
High Court
[SEPARAT
E
VOLUME 3
[No. of
District
Courts = 11]
4.1.2020 NIL 3 HIMACHAL
PRADESH
ADOPTED
THE
GUIDELINES
AS FRAMED
BY THE HIGH
COURT OF
DELHI.
VULNERABLE WITNESS D EPOSITION CENTER
ESTABLISHED – NIL
No Vulnerable Witness Deposition Center established –
Chamba (presently examined in camera in child friendly
environment); Solan (Layout plan approved for construction
of child friendly environment in POCSO Court); Kullu (no
provision for Vulnerable Witness Deposition Centers or
child-friendly courts); Bilaspur and Ghumarwin in District
Bilaspur; Shimla (child friendly courts are functional); Mandi
(Issue regarding establishment of Vulnerable Witness
Deposition Centers being discussed with District
Administration); Hamirpur (no provision for Vulnerable
Witness Deposition Centers or child-friendly courts);
Kinnaur at Rampur Bushahr (temporary provisions made for
child-friendly courts);
Vulnerable Witness Deposition Centers temporarily set up –
Kangra at Dharamshala; Sirmaur at Nahan (no provision for
child friendly courts to try POCSO Act case – presently cases
of juveniles are taken up in chamber by the Principal Magistrate,
Juvenile Justice Board/ Judicial Magistrate, 1
st
Class); Una (no
separate provision for child-friendly courts – presently cases of
juveniles are taken up by the Principal Magistrate, Juvenile
Justice Board/Addnl. CJM at Observation Home, Una)
NO
INFORMATI
ON
AVAILABLE
12
17. Chhattisga
rh High
Court
[Pg. No. 11
[No. of
District
Courts = 25]
17.12.20
19
NIL 3 NO
GUIDELINES
AVAILABLE
3 TEMPORARY VULNERAB LE WITNESS
DEPOSITION CENTERS ESTABLISHED
3 temporary Vulnerable Witness Deposition Centers
established– Bilaspur, Raipur, Dantewada District (equipped
with witness box with curtains, separate waiting room with
drinking water facility, toilet, sofa/chairs for sitting, female
attendant)
3 SPECIAL CENTERS SET UP
3 Special Centers at Bilaspur, Raipur, and
Dantewada districts
Infrastructure available at these special centers
- Witness box covered with curtains.
- Friendly environment for the vulnerable
witnesses during deposition.
Presence of Family members and female attendants during
deposition/evidence for vulnerable witnesses in criminal
matters as well as POCSO, and offences relating to women
cases.
NO
INFORMATI
ON
AVAILABLE
18. Guwahati
High Court
[SEPARAT
E
VOLUME
Pg. No. 1,
1A]
[No. of
District
Courts in
Assam = 27
Nagaland
=11
07.02.20
20
NIL NIL NO
GUIDELINES
AVAILABLE.
ASSAM: VULNERABLE WI TNESS DEPOSITION
CENTER ESTABLISHED = NIL
Construction of Vulnerable Witness Deposition Centers is in
progress – Udalguri and Goalpara (80% complete); Bijni in
Chirang District (50% complete)
Construction work of Vulnerable Witness Deposition
Centers has just been allotted – Tinisukia (70% complete);
Mangaldoi (30% complete)
ALL
DISTRICTS
HAVE
ASKED FOR
THE
FINANCIAL
ASSISTANC
E. EACH
DISTRICT
HAS
REQUESTED
AN
AMOUNT OF
RS. 50
LAKHS.
13
Mizoram =8
Arunachal
Pradesh =
16]
NIL NIL NAGALAND: VULNERABLE WITNESS DEPOSITION
CENTER CONSTRUCTED = NIL
No Vulnerable Witness Deposition Center constructed
NO
INFORMATI
ON
AVAILABLE
NIL 5 MIZORAM: VULNERABLE WITNESS DEPOSITION
CENTER CONSTRUCTED = NIL
No Vulnerable Witness Deposition Center constructed
Temporary arrangements made in 5 District Courts
NO
INFORMATI
ON
AVAILABLE
NIL NIL ARUNACHAL PRADESH: VULNERABLE WITNESS
DEPOSITION CENTER CO NSTRUCTED = NIL
No Vulnerable Witness Deposition Center constructed
NO GRANTS
HAVE BEEN
RECEIVED
IN
ARUNACHA
L PRADESH
FOR VWDC.
19. Sikkim
High Court
[Pg. No. 25-
26
[No. of
District
Courts = 4]
19.12.20
19
NIL NIL NO
GUIDELINES
AVAILABLE.
VULNERABLE WITNESS D EPOSITION CENTRE
ESTABLISHED – NIL
Construction of Vulnerable Witness Deposition Center at
District & Sessions Court Complex, Sichey, Gangtok, East
Sikkim – Construction commenced in September 2018 and is
90% complete
Construction of Juvenile Justice Board at Namchi – Will
include Vulnerable Witness Deposition Center & Waiting
Room- Construction commenced in September 2018 and
work is in progress - 16% complete
Redesigning of District & Sessions Court at Namchi – Will
include Vulnerable Witness Deposition Center & Waiting
Room- Construction commenced in October 2018 and is
scheduled to complete in September 2020
Construction of Addnl. Court building at Gyalshing - Will
include Vulnerable Witness Deposition Center, Witness
AMOUNT
HAS BEEN
SANCTIONE
D AND
WORK IS IN
PROGRESS.
HOWEVER,
STILL SOME
BALANCE
FUNDS ARE
REQUIRED
FOR
COMPLETIN
G THE
WORK.
14
Room & Waiting Room - Construction commenced in
August 2019 and is scheduled to complete in August 2020 –
35% work complete
20. Calcutta
High Court
[Pg. No. 29
[No. of
District
Courts = 22]
06.12.20
19
NIL NIL NO
GUIDELINES
AVAILABLE.
VULNERABLE WITNESS DEPOSITION C ENTRE
ESTABLISHED – NIL
State Govt. decided to construct Vulnerable Witness
Deposition Centers in Kakdwip, Baruipur, Diamond Harbour
Court Complexes in District South 24 Parganas
State Govt. granted administrative approval and sanction of
funds for Baruipur and Kakdwip Courts
Reminder sent to District Judge, South 24 Parganas for
issuing cost estimate for establishment of Vulnerable Witness
Deposition Center at Diamond Harbour Court
FUNDS
HAVE BEEN
SANCTIONE
D FOR SOME
COURTS.
21. Kerala
High Court
[Pg. No. 23-
24
[No. of
District
Courts = 14]
20.11.20
19
NIL NIL NO
GUIDELINES
AVAILABLE
VULNERABLE WITNESS D EPOSITION CENTRE
ESTABLISHED – NIL
Approval of uniform plan for Vulnerable Witness Deposition
Centers in Subordinate Courts is pending with ‘Committee
for Establishment of Courts, Tribunals and Construction of
Court Buildings in the State’
Refurbishing work commenced in POCSO Court, Ernakulam
to incorporate child friendly features
Proposal for modification of POCSO Court,
Thiruvananthapuram and Kozhikode to incorporate child
friendly features is pending before High Court
NO
INFORMATI
ON
AVAILABLE
22. Andhra
Pradesh
High Court
[Pg. No. 54
17.02.20
20
NIL NIL NO
GUIDELINES
AVAILABLE
NO VULNERABLE WITNES S DEPOSITION CENTERS
ARE ESTABLISHED IN S UBORDINATE COURTS IN
STATE OF ANDHRA PRAD ESH
NO
INFORMATI
ON
AVAILABLE
15
[No. of
District
Courts = 13]
23. Telangana
High Court
[SEPARAT
E
VOLUME 8
[No. of
District
Courts = 10]
24.02.20
20
NIL NIL NO
GUIDELINES
AVAILABLE
NO VULNERABLE WITNES S DEPOSITION CENTERS
ARE ESTABLISHED IN S UBORINATE COURTS IN
STATE OF TELANGANA
They have given the estimates for the setup of the
vulnerable witness deposition centers in subordinate
courts.
FINANCIAL
ESTIMATES
HAVE BEEN
SUBMITTED
BY THE
DISTRICT
COURTS.
24. Allahabad
High Court
[SEPARAT
E
VOLUME 7
[No. of
District
Courts = 75]
20.12.20
19
NIL NIL NO
GUIDELINES
AVAILABLE
NO VULNERABLE WITNES S DEPOSITION CENTERS
ARE ESTABLISHED IN SUBORINATE COURTS
Two judgeships at Allahabad and Lucknow have
been identified for Child Witness Friendly Court cum
Vulnerable Witness Deposition Centers.
Drawings and design made by Delhi High Court to be
followed for establishment of these centres.
STATE
GOVERNME
NT HAD
RELEASED
AMOUNT
FOR
LUCKNOW
BUT IT IS
PENDING
FOR
ALLAHABA
D.
Legal Notes
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