Rights of Victims and Witnesses

This special law guarantees certain rights to the victims, their dependents and those acting as witness to the complaints filed under this law. These rights are:

Protection from violence

• Victims, their dependents and witnesses must be protected from any kind of intimidation, coercion, inducement, violence or even threats of violence. 
• The investigation officer or the Station House Officer must record the complaint of a victim, informant or witnesses by way of an FIR if they are being intimidated, coerced, induced, harassed or even threatened with violence. A copy of the FIR must be given to them free of cost. 

Right to be treated with Dignity

• Victims should be treated with fairness, respect and dignity. If there are any special needs of victims owing to their age, gender or educational disadvantage, the same must be given due regard.

Rights in  Court

• The Special Public Prosecutor or the government officials must inform the victims or their dependents of any court proceedings about to take place under this law. They have a right to reasonable, accurate and timely notice of any court proceedings, even when the accused person applies for bail. 
• The victims or their dependents have the right to request production of documents, materials or witnesses from other parties by making a request to the Special Court. 
• Victims and their dependents have a right to be heard in proceedings related to the bail, discharge, release, parole, conviction or sentence of the accused person. They also have a right to make written submissions on conviction, acquittal or sentencing of the accused person. 
• All court proceedings under this law must be video recorded. 

Special Protection

• The Special Court must provide the victim, their dependent, witnesses or informants: 
  • Complete protection to ensure delivery of justice
  • Travelling and maintenance expenses during investigation, inquiry and trial
  • Socio-economic rehabilitation during investigation, inquiry and trial
  • Relocation 
• Either the Special Public Prosecutor or the victims, their dependents, witnesses and informants can make an application to the Special Court to: 
  • Conceal their names and addresses of the witnesses in the orders, judgements or any records of the case that are publicly available. 
  • Issue directions to not disclose the identity and address of the witnesses. 
  • Take immediate action on a complaint relating to the harassment of a victim, informant or witness and if necessary pass orders for protection on the same day.