Gauhati High Court issues guidelines for recording evidence of vulnerable witnesses

Staff Reporter

Guwahati: The Gauhati High Court recently issued a revised set of guidelines for recording evidence of vulnerable witnesses. The purpose of the guidelines and recommendations is to improve the response of the justice dispensation system towards vulnerable witnesses and to enable them to give their best evidence in criminal proceedings.

Judges have observed that some of the most challenging cases during the course of their careers are those involving vulnerable witnesses such as children, victims of sexual offences or domestic violence, persons with disabilities, and witnesses experiencing threats to their life and property, among others. The vulnerability of a witness may emerge from a range of circumstances.

Vulnerable witnesses find the criminal justice process intimidating, particularly the courtroom experience. Unless adequate support is provided, a vulnerable witness may not feel safe to provide robust testimony.

These guidelines shall govern the examination of vulnerable witnesses who are victims or witnesses in any case. They shall apply to every court, including Juvenile Justice Boards in the states of Assam, Nagaland, Mizoram and Arunachal Pradesh, from the date notified by the HC, i.e., August 14, 2025.

For the purpose of these guidelines, "vulnerable witness" means and includes (i) any child victim or witness who has not completed 18 years of age; (ii) any victim of an offence under the POCSO Act, 2012 (iii) any victim of an offence under Sections 64(1), 64(2), 65(2), 66, 67, 68, 70, 71, 74, 75, 76, 77 and 78 of the Bhartiya Nyaya Sanhita, 2023; (iv) any person with disability as defined under Section 2(s) of the Rights of Persons with Disabilities Act, 2016; (v) any witness suffering from 'mental illness' as defined under Section 2(s) of the Mental Healthcare Act, 2017, read with Section 124 of the Bharatiya Sakshya Adhiniyam, 2023; (vi) any witness deemed to have a threat perception under the Witness Protection Scheme, 2018, of the Union Government; and (vii) any other witness deemed to be vulnerable by the concerned court (including Family Courts, Children's Courts, Juvenile Justice Board, civil and criminal courts, or any tribunal or forum.)

The guidelines also provide for Support Persons assigned by the Child Welfare Committee under the POCSO Rules, 2020, to render assistance to the child in the pre-trial or trial process for a POCSO Act offence, a paralegal volunteer provided by the Legal Services Authority, or any other person appointed by the court to provide support.

Every vulnerable witness shall be presumed to be competent to testify as a witness, unless the

court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions due to tender years, disability, either of body or mind, and illness, or any other cause of the same kind, in accordance with Section 124 of the Bharatiya Sakshya Adhiniyam, 2O23.

Vulnerable witnesses shall be allowed a pre-trial courthouse tour or tour of the civil court or Juvenile Justice Board, etc., along with the support person or paralegal volunteer, as the case may be, to enable such witnesses to familiarise themselves with the layout of the court and the facilities.

Vulnerable witnesses shall receive high priority and shall be dealt with expeditiously, minimizing delays and adjournments to avoid repeated appearances. Such witnesses have the right not to testify regarding personal information like name, address, phone number, school, etc., that could endanger them or their family.

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