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Witness Identity Protection - Law Commission of India

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50protection to them, shifting them from their place <strong>of</strong> residence to some othersafe place, allowing video tape interview <strong>of</strong> such persons, testifying in courtvia closed circuit television or erecting a screen between victim andaccused, cross examination by Presiding Officer on the basis <strong>of</strong> questionsalready given by the accused, and that giving threat or intimidation tovictims or her relatives by the accused be made an <strong>of</strong>fence punishable toseven years imprisonment, creating a separate directorate with properinfrastructure for securing the object <strong>of</strong> giving protection to these victims.State Government <strong>of</strong> Orissa has suggested that observations anddirections <strong>of</strong> the Supreme Court made in Sakshi vs Union <strong>of</strong> <strong>India</strong> (2004) 6SCALE, 15 may be taken into consideration for protection <strong>of</strong> these victimsand that section 273 <strong>of</strong> the Cr.P.C., 1973 be suitably amended.Government <strong>of</strong> National Capital Territory <strong>of</strong> Delhi has suggested thatthe prosecutrix should be protected from the direct view <strong>of</strong> the accused aswell as his counsel, questions should be submitted to the Judge, who in turnwill ask the questions from the prosecutrix, and the statements should berecorded in the local language <strong>of</strong> the prosecutrix.State Government <strong>of</strong> Bihar is <strong>of</strong> the view that in such cases, the trialJudge, and the advocates for the prosecution and defence should be female,so that victim may speak with comparative ease. As the victim wouldnarrate the occurrence with ease, she would not consider the ordeal <strong>of</strong>facing cross-examination to be even worse than rape itself.

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