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Tougher punishment if victims, witnesses of crime are threatened or harmed
View(s):- Draft law addresses shortcomings in present Assistance to and Protection of Victims of Crime and Witnesses Act
By Ranjith Padmasiri
The draft law has now been gazetted. It will repeal the Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015.
The decision to introduce new legislation follows a Justice Ministry review of the present Act’s shortcomings pointed out by local and international experts. 
The new bill envisages the establishment of a new National Authority for the Protection of Victims of Crime and Witnesses and a Victims of Crime and Witnesses Assistance and Protection Division. Under the present Act, a National Authority for the Protection of Victims of Crime and Witnesses has been set up and is functioning.
The proposed legislation outlines measures to be taken to protect and assist victims and witnesses as regards 43 specific offences. It will also enable them to receive compensation.
The proposed law seeks “to provide for the setting out of rights and entitlements of victims of crime and witnesses,” the “protection and promotion of such rights and entitlements,” and “to give effect to appropriate international norms, standards and best practices relating to the assistance to and protection of victims of crime and witnesses.”
Under its provisions, those who commit an offence against a victim of a crime or a witness can be charged in a High Court.
Those who are found guilty of intimidating a victim of a crime or a witness can be fined up to Rs. 150,000 or sentenced to imprisonment for up to three years or subjected to both such fine and imprisonment. They can also be ordered to pay compensation not exceeding Rs. 500,000.
Offences such as causing hurt to victims of a crime or witnesses, restraining them, compelling or inducing them to leave any place or causing loss or damage to their property, subjecting them to harassment at the place of their employment or providing gratification to prevent legal proceedings are punishable by a fine not exceeding Rs. 300,000 or imprisonment up to five years or both.
Any person found guilty of knowingly providing false information with the intention of obtaining any assistance or protection will also be liable to a fine not exceeding Rs. 500,000 or imprisonment up to six years or both.
Illustrations courtesy the National Authority for the Protection of Victims of Crime and Witnesses
Any officer who is in charge of, or is providing protection or assisting in providing protection to a victim of crime or witness, if found guilty of disclosing that information to another person, thereby placing the life of that victim or witness in danger will be liable to a fine not exceeding Rs. 300,000 or to imprisonment up to five years or to both such fine and imprisonment.
Any person who aids and abets another to commit or engages in any conspiracy for the commission of any of the above offences too will be liable to the same punishments if found guilty by a High Court.
A trial against a person accused of committing these offences shall be taken up before any other business of that court and shall be held on a day-to-day basis without a postponement, except due to unavoidable circumstances which shall be specifically recorded.
If an inquiry by a court finds that a person who, while out on bail for an alleged offence, had committed an offence mentioned in the bill, the court that granted bail can cancel such bail and place the person in remand custody for a period considered reasonable by such court.
A victim of a crime or a witness has the right to seek protection and also has the right to fair redress including reparation and restitution which is commensurate with any injury. Provisions have also been made for them to testify remotely through audio-visual means without physically being present in court.
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