How Will Jharkhand's New Guidelines Change the Experience for Vulnerable Witnesses in Court?
Ranchi: The High Court of Jharkhand Guidelines for Recording of Evidences of Vulnerable Witnesses 2025, which was passed by the state Cabinet recently, has several provisions to support the witnesses so that they feel safe to give their best evidence in courts across state.
Vulnerable witness has been described as any child who has not completed 18 years and victims of offences under the POCSO Act.
The guidelines states that the court concerned should ensure a waiting area for vulnerable witnesses along with support person(s) and non-offending family members.
The waiting area should be furnished with toys, books, games, drawing and painting materials and other activities like television to lower the anxiety level of the witnesses. Other provisions include sleeping place, toilets and drinking water, it adds.
In cases of sexual offence, the judges should avoid asking vulnerable witnesses to demonstrate intimate touching on their bodies and instead ask them to point to a body part outline diagram, the new rules state.
It adds that care should be taken to avoid exposure of victims to accused at the time of recording evidence while ensuring right of cross-examination of accused.
The guidelines state that the court concerned should be satisfied that vulnerable witnesses are not scared and that they are able to reveal what happened to them when examined.
It states that the courts should also ensure that victims or vulnerable witnesses do not conceal any portion of evidence for being ashamed.
A few other provisions include pre-trail visit to the respective court by vulnerable witnesses, testimonial aids like screens, one-way mirror, curtains or other devices in the court room to prevent exposure of the vulnerable witnesses to accused.
Former advocate general Ajit Kumar said, “The court is normally not a comfortable place for a vulnerable witness. The guidelines aim to provide a homely atmosphere to them and their parents. It would enable the child to freely depose before the court.”
“Besides, the conviction rate may also rise,” he added.
A senior advocate with the Jharkhand high court, A Alam, said, “The guidelines are for safeguarding minors and efficient evidence.”
Vulnerable witness has been described as any child who has not completed 18 years and victims of offences under the POCSO Act.
The guidelines states that the court concerned should ensure a waiting area for vulnerable witnesses along with support person(s) and non-offending family members.
The waiting area should be furnished with toys, books, games, drawing and painting materials and other activities like television to lower the anxiety level of the witnesses. Other provisions include sleeping place, toilets and drinking water, it adds.
In cases of sexual offence, the judges should avoid asking vulnerable witnesses to demonstrate intimate touching on their bodies and instead ask them to point to a body part outline diagram, the new rules state.
It adds that care should be taken to avoid exposure of victims to accused at the time of recording evidence while ensuring right of cross-examination of accused.
The guidelines state that the court concerned should be satisfied that vulnerable witnesses are not scared and that they are able to reveal what happened to them when examined.
It states that the courts should also ensure that victims or vulnerable witnesses do not conceal any portion of evidence for being ashamed.
A few other provisions include pre-trail visit to the respective court by vulnerable witnesses, testimonial aids like screens, one-way mirror, curtains or other devices in the court room to prevent exposure of the vulnerable witnesses to accused.
Former advocate general Ajit Kumar said, “The court is normally not a comfortable place for a vulnerable witness. The guidelines aim to provide a homely atmosphere to them and their parents. It would enable the child to freely depose before the court.”
“Besides, the conviction rate may also rise,” he added.
A senior advocate with the Jharkhand high court, A Alam, said, “The guidelines are for safeguarding minors and efficient evidence.”
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