Witness Identity Protection - Law Commission of India

34Court is given discretion to do so wherever the circumstances so desired.Again sec 16(3)(d) empowered the Court to take measures in public interestso as to direct that information in regard to all or any of the proceedingspending before the Court shall not be published in any manner.The validity of sec 16 was challenged but was upheld in Kartar Singhvs. State of Punjab: 1994(3) SCC 569.(iii) Prevention of Terrorism Act, 2002: (POTA), 2002Continues witness anonymity with conditions: (since repealed w.e.f.21.9.2004)The TADA, 1987 was repealed by POTA, 2002. In the POTA,section 30 deals with the subject of in camera proceedings and witnessidentity protection. There are some further changes made in this Act inrespect of the powers of the Court. Section 30 reads as follows:“Section 30: (1) Notwithstanding anything contained in the Code,the proceedings under this Act may, for reasons to be recorded inwriting, be held in camera if the special Court so desires.(2) A Special Court, if on an application made by a witness in anyproceeding before it or by the Public Prosecutor in relation tosuch witness or on its own motion, is satisfied that the life ofsuch witness is in danger, it may, for reasons to be recorded inwriting, take such measures as it deems fit for keeping theidentity and address of such witness secret.