J&K High Court issues new guidelines to protect vulnerable witnesses

Jammu, Mar 3: The Chief Justice of the Jammu & Kashmir High Court has approved updated guidelines for recording the testimony of vulnerable witnesses. The new framework aims to shield witnesses from intimidation and make the legal system more accessible to those facing challenges in testifying.
According to a notification issued by the Registrar General, these guidelines apply to children, persons with disabilities, survivors of sexual violence, and individuals under threat. Recognizing the difficulties such witnesses often face in traditional court settings, the new rules introduce several safeguards. Courts can now conduct in-camera proceedings to restrict public access to testimonies, ensuring privacy for those who may feel vulnerable while deposing. Witnesses will also have the option to testify via live video conferencing from a remote location, reducing their distress and fear of confrontation with the accused. Additionally, they may be accompanied by a guardian or a legal aid volunteer during their testimony to provide emotional and legal support.
To further enhance their security, separate waiting areas will be designated to prevent direct encounters between witnesses and the accused. Courts have also been directed to ensure that witnesses and their guardians are kept informed about the progress of the case, the charges filed, and other relevant procedures. Special attention has been given to child witnesses, with judges required to frame questions in a simple, non-intimidating manner appropriate to the child’s age and understanding.
The High Court has also issued directions to criminal courts, Juvenile Justice Boards, and children’s courts to prioritize cases involving vulnerable witnesses. Judges have been instructed to minimize delays to prevent witnesses from making multiple court appearances, which can be mentally and emotionally taxing. Hearing schedules should be set with due consideration for child witnesses, taking into account their physical well-being and academic commitments.
In cases of sexual offences, the guidelines prohibit judges from asking survivors to physically demonstrate the location of assault. Instead, they may indicate it on a body outline diagram to avoid further trauma. Courts have also been authorized to provide transportation assistance or reimburse travel costs for witnesses in accordance with High Court policies. Special provisions have been made for witnesses with disabilities, including the use of Braille, sign language, and mobile applications to ensure that legal information is accessible to them.
While these measures aim to protect witnesses, the High Court has emphasized that their rights must be balanced with the defense’s right to cross-examination. However, courts have been cautioned to monitor questioning to prevent harassment or intimidation. Additionally, the confidentiality of vulnerable witnesses will be strictly maintained, with their identities protected in court records and any video-recorded testimony secured under judicial orders.
The guidelines take immediate effect and will be enforced across all courts in Jammu & Kashmir and Ladakh, including Juvenile Justice Boards. The High Court has also mandated an annual review of the implementation of these measures, with legal experts and research organizations assessing their effectiveness and suggesting improvements where necessary. [KNT]