Definition of Vulnerable Witness

Definition of Vulnerable Witness

Subject – Governance

Context – SC expands definition of vulnerable witness to include age, gender neutral victims of sexual assault

Concept –

• In a major order, the Supreme Court expanded the definition of “vulnerable witness” in a criminal case, which earlier used to be a child below the age of 18, to include age and gender neutral victims of sexual assault and witnesses suffering from mental illness among others.
• The apex court also expanded the definition to include 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 or any other witness deemed to be vulnerable by the court concerned.
• It said the need for the importance of setting up special facilities which cater to creation of a safe and a barrier free environment for recording the evidence of vulnerable witnesses have been engaging this court’s attention over the last two decades.
• The top court directed all the high courts to adopt and notify a Vulnerable Witness Deposition Centre (VWDC) scheme within two months from the date of this order unless a scheme has already been notified.
• The bench said that in formulating the VWDC scheme, the high courts shall have due regard to the scheme which have been formulated by the Delhi high court, which have been duly approved by the judgement of this court in State of Maharashtra versus Bandhu (2017 verdict).
• Every high court should set up an In-house VWDC committee for continuously supervising the implementation of the present directions and making periodic assessments of the number of the 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.
  • The initial tenure of the chairperson, said the court, shall be for 2 years.
• It said that upon the estimation of the costs by VWDC committee of each high court, the state government shall expeditiously sanction the requisite funds not later than within a period of three months from the date of submission of the proposals and disburse the same to the high court in accordance with the plan.
• The top court said that the high courts shall ensure that at least one permanent VWDC is set up in every district court establishment within a period of four months and the registrar general shall file compliance reports with this court.