Witness Identity Protection - Law Commission of India

32Chapter IIICertain aspects of Victim and Witness Identity Protectionunder special statutes in IndiaFor the first time in 1985, the legislature thought it fit to introduce theprinciple of ‘witness identity’ protection in certain special statutes, and thisstarted with the statutes to prevent terrorist activities. We shall now refer tothem.Certain Special Statutes: Protection of Witness Identity:(i)Terrorists and Disruptive Activities Act, 1985: (TADA) (sincerepealed) introduces witness anonymity for the first time.In the year 1985, Parliament enacted the TADA to deal with terroristactivities and it rightly felt that unless sufficient protection is granted tovictims and witnesses, it is not possible to curb the menace. Sec 13 of thatAct provides a procedure to protect witness identity. It read as follows:“Section 13(1): Notwithstanding anything contained in the Code, allproceedings before a Designated Court shall be conducted in camera:Provided that where public prosecutor so applies, anyproceedings or part thereof may be held in open court.(2) A Designated Court may, on an application made by a witnessin any proceeding before it or by the public prosecutor inrelation to a witness or on its own motion, take such measures