O R D E R

% 09.12.2024

1. Pursuant to the previous order, Ms. Rebecca John, Senior Advocate and Amicus Curiae, has placed her research and submissions in respect of the extant rules/guidelines applicable to video recording of testimony of vulnerable witnesses.

2. In particular, she adverts to the Circular issued by the Registrar General of the High Court dated 20th May 2024, notifying “New Guidelines of the High Court of Delhi for Recording of The Evidence of Vulnerable Witnesses”, which are now posted on the website of the Delhi High Court under the link “Notifications and Practice Directions”.

3. The said Guidelines prescribe a protocol to improve the response of the justice dispensation system towards vulnerable witnesses. The Preamble itself notes: “this protocol prescribes guidelines while recording depositions of vulnerable witnesses in order to enable them to give the best evidence in criminal proceedings. Each witness is unique and is to be addressed accordingly”.

4. It is further stated that these Guidelines were developed in furtherance of Supreme Court’s directions in Smruti Tukaram Badade v. State of Maharashtra (2022) 18 SCC 24.

5. It is apposite to refer to the Objectives of these Guidelines which are extracted as under:

“Objectives of these Guidelines

1. To enable vulnerable witnesses to depose freely before any court in a safe and secure environment.

2. To minimize harm or secondary victimization of vulnerable witnesses in anticipation and as a result of participation in the justice system.

3. To ensure that the rights of all the parties in the judicial processes are effectively implemented. In the context of the criminal process - the accused's right to a fair trial and due process, the right of the victim to take part effectively in the proceedings, to be treated sensitively and not be subject to secondary victimization, and the protection of the rights of a vulnerable witness (who may not necessarily be a victim), are effectively implemented.”

(emphasis added)

6. The Guidelines encompass the High Court, Subordinate Courts, Tribunals, Juvenile Justice Boards, and all fora over which the High Court of Delhi exercises supervisory jurisdiction.

7. The relevant provision with some relevance to the issue of recording depositions of vulnerable witnesses is Clause 27, which is extracted as under:

“27. Protective Order-

The depositions of the vulnerable witness recorded by video link shall not be video recorded except under reasoned order requiring the special measures by the judge. However where any video or audio recording of a vulnerable witness is made, it shall be under a protective order that provides as follows:

(i) A transcript of the testimony of the vulnerable witness shall be prepared and maintained on record of the case. Copies of such transcript shall be furnished to the parties of the case.

(ii) Recording may be viewed only by parties, their counsel, their expert witness, and the guardian ad litem in the office of the court, following a procedure similar to inspection of documents.

(iii) No person shall be granted access to the recording, or any part thereof unless they sign a written affirmation that they have received and read a copy of the protective order; that they submit to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, they will be subject to the penalties provided by law.

(iv) Any recording, if made available to the parties or their counsel, shall bear the following cautionary notice:

“This object or document and the contents thereof are subject to a protective order issued by the court in (case title), (case number). They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating such protective order is subject to the