Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs

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of the threats to him or his family members. There is no law to give protection
to the witnesses subject to such threats, similar to witness protection laws
available in other countries.
Unfortunately the witnesses are treated very shabbily by the system.
There are no facilities for the witnesses when they come to the court and have
to wait for long periods, often their cross-examination is unreasonable and
occasionally rude. They are not given their TA/DA promptly. The witnesses
are not treated with due courtesy and consideration; nor are they protected.
Witnesses are required to come to the court unnecessarily and repeatedly as a
large number of cases are posted and adjourned on frivolous grounds. To
overcome these problems, the Committee has made the following
recommendations:
(79) (i) Witness who comes to assist the court should be treated with
dignity and shown due courtesy. An official should be assigned to
provide assistance to him.
(ii) Separate place should be provided with proper facilities such as
seating, resting, toilet, drinking water etc. for the convenience of
the witnesses in the court premises.
(80) Rates of traveling and other allowance to the witness should be reviewed
so as to compensate him for the expenses that he incurs. Proper
arrangements should be made for payment of the allowances due to the
witness on the same day when the case is adjourned without examining
the witness he should be paid T.A and D.A. the same day.
(81) A law should be enacted for giving protection to the witnesses and their
family members on the lines of the laws in USA and other countries.
(82) Courts should list the cases in such a manner as to avoid the witnesses
being required to come again and again for giving evidence. The trial
should proceed on day to day basis and granting of adjournments should
be avoided. The Judge should be held accountable for any lapse in this
behalf. High Court should ensure due compliance through training and
supervision.
(83) Evidence of Experts falling under Sections 291, 292 and 293 of the Court
may as far as possible received under Affidavit.
(84) DNA experts should be included in Subsection 4 of Section 293 of the
Code.
(85) The witness should be provided a seat for him to sit down and give
evidence in the court.