Introduction to Section 398 BNSS
Section 398 BNSS is a special legal provision created to protect witnesses in criminal cases. It places a responsibility on every State Government to create and implement a Witness Protection Scheme. Many people fear becoming witnesses because of threats or pressure. This section ensures that those who come forward to support justice will be kept safe, helping to strengthen the criminal justice system.
What is BNSS Section 398?
BNSS Section 398 is a legal rule that requires every State Government in India to create and declare a Witness Protection Scheme. This is to ensure the safety and security of witnesses involved in criminal cases. Witnesses often face threats, pressure, or danger for telling the truth in court. This law helps them stay protected, safe, and confident while supporting justice.
BNSS Section of 398 in Simple Points
1. State Governments Must Notify a Witness Protection Scheme
BNSS Section 398 clearly states that each State Government must prepare and officially notify a Witness Protection Scheme. This means states have a legal duty, not just a choice, to create a structured plan to protect witnesses. This includes security arrangements, relocation, or anonymity when needed. Witness protection is no longer optional—it is now a statutory requirement under this section. It empowers honest individuals to come forward during trials. It also ensures fair trials without fear or manipulation. By law, the government must provide safety for those helping in justice.
2. Protects Witnesses in High-Risk Criminal Cases
Witnesses are often targeted in cases involving murder, rape, gang crime, political corruption, or terrorism. Section 2398 recognizes the real dangers faced by witnesses and responds with protective measures. It ensures that people who testify in court are not left helpless or exposed to threats. The section covers a wide range of criminal offences where witness safety is crucial. This protection builds confidence and helps collect true and bold statements during trials. As a result, it becomes easier to deliver fair and accurate judgments.
3. Encourages Citizens to Participate in the Legal System
Many people avoid reporting crimes or testifying in court because of fear of retaliation. BNSS 398 creates a supportive environment where people can speak the truth without worry. When witnesses know the law is protecting them, they are more likely to assist investigations and trials. This increases public participation in the justice system and helps the police and courts solve crimes more effectively. The law turns every honest witness into a partner in justice, strengthening the entire system from within. It promotes public trust and legal confidence.
4. Applies Uniformly Across All States
Earlier, some states had schemes while others did not, leading to inconsistency. BNSS Section 398 makes it mandatory for every Indian state to implement a witness protection plan. This means no matter where a case is registered, the witness gets the same legal safeguard. It promotes uniform justice delivery across India. States can adopt the Model Witness Protection Scheme approved by the Supreme Court in 2018, or modify it as needed. But they must have a plan in place, making sure no witness is left unsafe due to location.
5. Strengthens the Criminal Justice System
A criminal trial is only as strong as the honesty and safety of its witnesses. BNSS Section 398 improves conviction rates by ensuring that witnesses are protected from pressure. When the accused knows the witness is safe and will testify truthfully, it discourages crimes and manipulation. The law supports truth, fairness, and justice at every step. It sends a strong message: those who speak the truth will not be harmed. With this section, the criminal justice system becomes more reliable, people-focused, and secure.
398 BNSS Overview
BNSS Section 398 mandates that each state must prepare and notify a proper Witness Protection Scheme. The aim is to safeguard people who testify in court and may face risks because of their statements. Witness intimidation is a serious problem in India, and this law ensures that the government actively protects them. The section gives legal power and accountability to the concept of witness security and encourages more people to speak the truth without fear.
BNSS Section 398 – Witness Protection Scheme
1. Legal Duty of State Governments to Create a Witness Protection Scheme
BNSS Section 398 makes it mandatory for every State Government to create and officially announce a Witness Protection Scheme. This scheme must offer security and support to witnesses involved in criminal trials. Witnesses often fear threats, attacks, or pressure, especially in serious cases. Without their safety, they may refuse to testify or change their statements. This law ensures that truthful witnesses are protected and not left vulnerable. It places responsibility on the State, making witness protection a legal duty, not a choice. This improves the credibility of the justice system.
2. Witnesses Are Key to Fair and Strong Criminal Trials
A fair trial depends on honest witness testimony, which can prove guilt or innocence. But if witnesses feel unsafe, they might back out or give false statements under fear. BNSS Section 398 ensures that justice is not derailed by intimidation. By legally mandating a protection plan, this law empowers honest citizens to stand firm in court. It also boosts public confidence in the system. When witnesses feel safe, they are more willing to cooperate with investigations. This results in faster, stronger, and fairer trials.
3. Witness Protection Is Especially Important in Serious Crimes
Witness intimidation is most common in cases involving murder, rape, terrorism, gang crimes, and corruption. In such trials, accused persons or their supporters often try to silence witnesses through threats or harm. BNSS Section 398 aims to end this by offering legal backing to protect such witnesses. The scheme may include measures like changing witness identity, relocating them, or police escort. It ensures that witnesses can testify freely without fear. This is especially helpful in high-profile and sensitive cases.
4. Uniform Protection Across All Indian States
Before this provision, only a few states had witness protection policies. Now, BNSS Section 398 ensures that every State must prepare and notify a scheme. This creates uniformity across India, reducing gaps in protection. It stops witnesses from being left unprotected just because they live in a particular state. It also gives the Centre and courts a basis to check if states are following through. No witness should be unsafe just because of geography. This law moves India toward a national standard of legal safety for witnesses.
5. Encourages Public Participation in Legal Process
Many people hesitate to report crimes or become witnesses because of fear of retaliation. BNSS Section 398 encourages public cooperation by assuring that the government will protect those who help justice. It promotes a positive legal culture where citizens feel safer in speaking the truth. A strong witness protection scheme builds trust between the people and the law. More people will come forward when they know the system stands behind them. This helps law enforcement solve more cases successfully.
6. Scheme Will Include Various Levels of Protection
Although Section 398 does not list the scheme’s contents, it allows State Governments to decide what protections are needed. Typically, a Witness Protection Scheme may include security at home, police guards, relocation, anonymity, new identity, or video depositions. It can be customized based on the threat level. High-risk witnesses may get full-time police cover, while low-risk witnesses may only need court escort. This flexibility allows states to protect witnesses without wasting resources, ensuring smart and effective protection.
7. Supreme Court and Central Model Already Guide the Scheme
The Supreme Court of India approved a Model Witness Protection Scheme in 2018, prepared by the Centre and states. BNSS Section 398 gives this model more legal strength and nationwide application. State Governments can adopt this model or modify it as per local needs. This section helps implement the court’s vision through statutory backing. It bridges the gap between policy and law. Now, states can’t delay or ignore the responsibility of witness protection—they must act and notify the scheme officially.
8. Improves Conviction Rates and Trial Outcomes
When witnesses feel safe, they are more likely to give honest statements, leading to more accurate verdicts. Witness protection plays a key role in increasing conviction rates in criminal trials. Many cases collapse because witnesses turn hostile due to threats. BNSS Section 398 aims to prevent this by building a shield around witnesses. Protected witnesses are a strength to the court, helping truth win over fear. This section strengthens the foundation of justice by supporting those who speak up.
9. Helps Fight Organized Crime and Corruption
In cases of gang crimes, political corruption, or organized crime, witness fear is often very high. BNSS Section 398 is especially helpful in such complex trials where the accused may be powerful or influential. The witness protection scheme ensures that even ordinary citizens can speak against powerful wrongdoers. This law balances the scales of justice and gives power to truth. It sends a clear message: no criminal can escape because the witness is scared. The law will stand with those who choose honesty.
10. Promotes Trust and Accountability in the Legal System
When the public sees that the law values and protects its witnesses, it builds long-term trust in the legal system. People begin to believe that justice is not only for the powerful, but for all. BNSS Section 398 is more than just a rule—it is a signal that truth will be protected. It holds state governments accountable to act and implement proper safety measures. This law promotes courage, honesty, and accountability, making the justice system fair, secure, and reliable for all citizens.
Example 1:
A key witness in a gang murder case receives death threats from the accused’s associates. Under BNSS Section 398, the State Government provides police protection and keeps the witness’s location confidential until the trial is complete.
Example 2:
In a corruption case involving a senior official, a whistleblower agrees to testify. The State’s Witness Protection Scheme, as required under Section 398, ensures relocation, legal support, and psychological counseling for the witness during the trial.
BNSS Section 398 Short Information
| Key Point | Description |
|---|---|
| Legal Mandate | Every State Government must prepare and notify a Witness Protection Scheme to safeguard those who testify in criminal cases. |
| Public Notification | The scheme must be publicly declared and made accessible so that witnesses know their rights and protections under the law. |
| Covers All States | Applies uniformly across all Indian states, ensuring that no witness is left unprotected due to their location. |
| Supports Justice | By ensuring witness safety, it promotes fair trials, honest testimony, and helps increase conviction rates in criminal cases. |
| Flexible Protection | The scheme can include identity change, relocation, police escort, or video testimony depending on threat level and case type. |
Why Is BNSS Section 398 Needed?
BNSS Section 398 is important because witnesses play a vital role in proving the truth during trials, but many are scared to testify due to threats, pressure, or fear of harm. Without witness protection, even the most serious cases may fail due to lack of reliable testimony. This section ensures that honest individuals who support justice are not punished or put in danger for doing the right thing. It encourages people to participate in legal processes without fear. With clear responsibility placed on State Governments, this law creates a secure environment for justice to function properly, helping both victims and society.
BNSS Section 398 FAQs
BNSS 398
Conclusion
BNSS Section 398 is a major step in strengthening India’s justice system by protecting the people who help it function — the witnesses. It makes it a legal duty for every State to create a Witness Protection Scheme, giving real security to those who risk their safety to tell the truth. By protecting witnesses through relocation, anonymity, or police escort, it ensures fair trials and higher conviction rates.
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