Section 398 BNSS, 2023 - Witness Protection Scheme
Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places a statutory duty on every State Government to prepare and notify a Witness Protection Scheme for the State so that witnesses can be protected from threats, intimidation and other risks connected with criminal proceedings.
Text of Section 398 BNSS
398. Witness protection scheme. Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.
This is a short but important provision. It converts witness protection from a matter of administrative discretion into an express statutory responsibility of the State Government under the BNSS.
Meaning and purpose of Section 398
A witness may face pressure, intimidation, threats to life or property, social retaliation or other forms of coercion because of evidence given or proposed to be given in a criminal case. Section 398 requires each State Government to put a notified protection framework in place to address such risks.
The provision does not itself prescribe one uniform list of protective measures. The detailed procedure and the available safeguards depend on the Witness Protection Scheme applicable in the concerned State or Union Territory, subject to binding judicial directions and other applicable law.
Witness Protection Scheme, 2018
Before the BNSS came into force, the Supreme Court of India approved the Witness Protection Scheme, 2018 in Mahender Chawla v. Union of India. The Court treated the Scheme as enforceable until suitable legislation was enacted. Section 398 BNSS now expressly requires every State Government to prepare and notify a State Witness Protection Scheme.
The 2018 Scheme provides a structured mechanism for assessing threat perception and granting suitable protection. Depending on the circumstances and the applicable scheme, protective measures may include safeguarding the identity of a witness, security arrangements, change of contact details, temporary relocation, safe-house arrangements, in-camera proceedings or use of technology to reduce exposure to danger.
Practical point: A person seeking protection should check the current Witness Protection Scheme notified for the relevant State or Union Territory, because the competent authority, forms, procedure and available measures may vary.
How witness protection generally operates
Although the exact procedure must be checked under the applicable State or Union Territory scheme, witness protection frameworks commonly involve:
- an application or request for protection by or on behalf of the witness;
- assessment of the seriousness and credibility of the threat;
- consideration by the competent authority;
- selection of protection measures proportionate to the threat; and
- periodic review, modification or withdrawal of measures where circumstances change.
Witness protection is intended to support the administration of criminal justice by allowing witnesses to give evidence without being overborne by fear, intimidation or retaliation.
Why Section 398 is important
- Statutory duty: every State Government must prepare and notify a Witness Protection Scheme.
- Protection of testimony: effective protection helps witnesses participate in investigation and trial without improper pressure.
- Fair administration of justice: credible witness testimony is often central to the adjudication of criminal cases.
- Case-specific protection: the level and type of protection should correspond to the actual threat and vulnerability involved.
Related BNSS provisions
Section 398 appears in Chapter XXIX of the BNSS dealing with judgment-related provisions. Readers may also refer to the adjoining provisions on victim compensation, treatment of victims, compensation for groundless arrest and costs in non-cognizable cases.
Official legal sources
Frequently asked questions
What does Section 398 BNSS provide?
It requires every State Government to prepare and notify a Witness Protection Scheme for the State to ensure protection of witnesses.
When did the BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the exception stated in the Central Government commencement notification.
Does Section 398 itself specify every protection measure?
No. Section 398 creates the statutory mandate for a State Witness Protection Scheme. The detailed procedure and available measures must be read from the applicable notified scheme and relevant judicial directions.
Is the Witness Protection Scheme, 2018 still relevant?
Yes. It remains an important judicially approved framework and reference point for witness protection. The applicable State or Union Territory notification should also be checked for the current local procedure.
Disclaimer: This page is intended for general legal information. The exact procedure and protection available in a particular case depend on the applicable State or Union Territory scheme, court directions and the facts of the case.
Legal position reviewed with reference to official sources available up to September 2026.