Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.
Bharatiya Nagarik Suraksha Sanhita
Section 398
Witness protection scheme
Englishहिंदी
⚡ Quick Answer Reference: Section 398 BNSS
- Provision: Section 398 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: Every state government must create and announce a witness protection plan to ensure the safety of witnesses.
Statutory Content
What does Section 398 of BNSS say?
Indian StandardSection 398, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 398 (India)
Court Pleading StandardSection 398 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/398
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 398 of BNSS mean?
Plain English Explanation
Every state government must create and announce a witness protection plan to ensure the safety of witnesses.
Practical Interpretation
This section requires state governments to establish a witness protection scheme to safeguard witnesses, which typically involves relocating them, changing their identities, and providing security.
Core Legal Purpose
The core purpose of this provision is to ensure the protection of witnesses, which is essential for a fair trial and justice system.
Key Legal Elements
- •Every State Government shall prepare a Witness Protection Scheme.
- •The scheme must be notified.
- •The scheme is intended to ensure the protection of witnesses.
- •This section does not specify any exceptions or limitations.
Practical Example
Practical Example of Section 398 BNSS
Rajesh, a key witness in a high-profile murder case, is in danger due to threats from the accused's family. The state government, under Section 398 of BNSS, prepares and notifies a Witness Protection Scheme. The scheme relocates Rajesh to a safe location, changes his identity, and provides him with security. This ensures his safety and allows him to testify in the trial without fear.
Common Questions (FAQ)
Frequently Asked Questions about Section 398 BNSS
Q: What is the punishment or consequence under Section 398 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to State Governments, which are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 398 BNSS
What is Section 398 of BNSS?
Section 398 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Witness protection scheme". In plain terms: Every state government must create and announce a witness protection plan to ensure the safety of witnesses.
What is the punishment under Section 398 of BNSS?
Section 398 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 398 of BNSS bailable or non-bailable?
Whether Section 398 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 398 of BNSS?
The essential elements of Section 398 of BNSS are: Every State Government shall prepare a Witness Protection Scheme.; The scheme must be notified.; The scheme is intended to ensure the protection of witnesses..
Landmark Case Laws
Landmark Judgments under Section 398 BNSS
Patnahcucisdb94 High Court (10 8)
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