PUNJAB WITNESS PROTECTION ACT 2018

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THE PUNJAB WITNESS PROTECTION ACT 2018 
(XXI of 2018) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Witness Protection Board 
4. Witness Protection Unit  
5. Protected persons 
6. Non-court measures for protection 
7. Assistance to witnesses 
8. Special measures 
9. Screening a witness 
10. Video link  
11. Restricted entry to the court room 
12. Rules of cross-examination 
13. Reporting criminal proceedings 
14. Anonymity of persons involved in proceedings 
15. Trial in jail 
16. Punishment 
17. Rules 
 
 
 
 
TEXT 
1
THE PUNJAB WITNESS PROTECTION ACT 2018 
(XXI of 2018) 
[24th May, 2018] 
An 
Act 
to protect witnesses and other persons connected with certain criminal proceedings. 
It is necessary to provide for measures to protect witnesses or other persons 
connected with the investigation, prosecution and trial of certain criminal proceedings 
relating the offence of terrorism, sexual offence or any other serious offence; and, to 
provide for ancillary matters.  
Be it enacted by Provincial Assembly of the Punjab as follows:– 
1. Short title, extent and commencement. – (1) This Act may be cite d as the 
Punjab Witness Protection Act 2018. 
(2) It shall extend to whole of the Punjab. 
(3) It shall come into force at once. 
2. Definitions.– In this Act: 
(a) “Act” means the Punjab Witness Protection Act 2018; 
(b) “Board” means the Witness Protection Board constituted under the Act; 
(c) “close protection service” means the provision of bodyguards for 
purposes of protection from assault, assassination or kidnapping; 
(d) “court” means the court seized of a case to which the Act applies; 
(e) “criminal proceedings” means an investigation, inquiry or trial under the 
Code of Criminal Procedure, 1898 (V of 1898) relating to an offence of 
terrorism or any other serious offence; 
(f) “Government” means Government of the Punjab; 
(g) “high risk accused” means a perso n under investigation, charged with, 
or tried for, the commission of an offence of terrorism or a serious 
offence and is considered to be a high risk for the persons connected 
with the criminal proceedings; 
(h) “law enforcement agency” includes a body or a gency responsible for 
the enforcement of law relating to the prevention, detection and 
investigation of an offence;  
(i) “offence of terrorism” means an act defined as such in section 6 of the 
Anti-Terrorism Act, 1997 (XXVII of 1997) and includes such othe r 
offence under that Act as the Government may, by notification in the 
official Gazette, determine;  
                                                           
1This Act was passed by Provincial Assembly of the Punjab on 16 May 2018; assented to by the Governor of the P unjab on 21 
May 2018; and, was published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp.8133-8138. 
(j) “prescribed” means prescribed by the rules made under the Act;  
(k) “Programme” means the Witness Protection Programme established 
under the Act.  
(l) “protected person” means any person who is extended protection 
under section 5 of the Act;  
(m) “protection” means the protection of a protected person and includes 
relocation or change of identity of, or provision of assistance or 
services to, him under the Act; 
(n) “rules” means the rules made under this Act. 
(o) “serious criminal case” means a criminal case pertaining to a serious 
offence and pending in a court;  
(p) “serious offence” means an offence punishable with death or 
imprisonment for life or for  a term exceeding seven years and includes 
a sexual offence but does not include an offence of terrorism;  
(q) “sexual offence” means an offence under sections 366 -A, 367-A, 376 
or 377 of the Pakistan Penal Code, 1860 (XLV of 1860) or under the 
Punjab Suppression of Prostitution Ordinance, 1961 (II of 1961); 
(r) “terrorism case” means a criminal case pending in a court pertaining to 
an offence of  terrorism; 
(s) “Unit” means the Witness Protection Unit established under the Act; 
and 
(t) "witness” means a pe rson who may testify under Article 3 of the 
Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984)  and includes 
such other person as is specified in the Act.   
3. Witness Protection Board.– (1) The Government shall establish the Witness 
Protection Board, consisting of the following members: 
(a) Additional Chief Secretary or, as the case may be, Secretary to 
the Government, Home Department; 
(b) Secretary to the Government, Finance Department; 
(c) Secretary to the Government, Public Prosecution Department; 
(d) Prosecutor General, Punjab; 
(e) Additional Inspector General, Counter Terrorism Police 
Department; 
(f) Additional Inspector General Special Branch; and 
(g) Additional Inspector General Investigations. 
(2) The Additional Chief Secretary or, as the case may be, Secretary to the 
Government, Home Department shall be the Chairperson of the Board. 
(3) The Chairperson shall, by notification, appoint a suitable officer as 
Secretary of the Board. 
(4) The Board shall: 
(a) frame policy guidelines for purposes of the Act; 
(b) submit policy guidelines to the Government for approval; 
(c) oversee and monitor the implementation of the policy guidelines 
under the Act; 
(d) spearhead and supervise the performance of the functions of 
the Units; 
(e) perform such other functions as may be necessary to achieve 
the objectives of the Act; and  
(f) implement any other direction of the Government in  connection 
with the Act. 
4. Witness Protection Unit .– (1) The Government shall establish the following 
Witness Protection Units:  
(a) Unit-I relating to the offences of terrorism; and 
(b) Unit-II relating to the serious offences. 
(2)  The Government, on the recommendations of the Board, shall appoint 
the head of a Unit and such other members of the Unit as the Government may 
determine or as may be prescribed. 
(3) A Unit, under t he general supervision and control of the Board, shall 
discharge its functions effectively and meaningfully to achieve the objectives of the 
Act, and shall implement the directions of the Board or, as the case may be, the 
Government.   
5. Protected persons .– (1) Subject to subsection (2), a victim or a witness or 
any other person connected with criminal proceedings and a person closely related 
to the aforesaid persons may apply for protection under the Act. 
(2) The Government, the Counter Terrorism Departme nt, the Public 
Prosecutor or the Court trying an offence of terrorism or a serious offence may direct 
the concerned Unit to assess the risk or continued risk of any person directly or 
indirectly concerned with the criminal proceedings. 
(3) The Unit shall c onsider the following matters while determining the risk 
of a person:  
(a) the risk profile of the person involved; 
(b) the nature and gravity of the threat to that person; and 
(c) the measures required to eliminate or reduce the risk at the 
minimum possible cost. 
6. Non-court measures for protection .– (1) On the direction of the 
Government or of its own motion, a Unit may, in consultation with the person to be 
protected, take one or more of the following measures for the protection of a 
protected person: 
(a) provision of close protection service; 
(b) lodging in a safe house; 
(c) temporary or permanent relocation at a safe place; 
(d) change of identity; 
(e) concealment of identity of the persons involved in the criminal 
proceedings; and 
(f) providing financi al assistance to a protected person who is 
unable to undertake regular employment or when his freedom of 
movement is severely curtailed as a result of protection to him. 
(2) The Unit shall determine the time for which a non -court protection 
measure shall remain in force but if the Unit is satisfied that the non -court protection 
measures are no longer required, it may, at any time and after recording the 
reasons, withdraw the non-court protection measures. 
(3) The Government may, after consultation with the Unit, revoke or modify 
the protection measures taken by the Unit.  
(4) The expenses for the measures under subsection (1) shall be borne by 
the Government. 
(5) Every department, agency or office of the Government shall cooperate 
with and provide such assis tance to the Unit as may be necessary for carrying out 
the measures under subsection (1). 
7. Assistance to witnesses .– (1) A witness, other than an accused, is eligible 
for assistance in connection with his testimony before a court in a terrorism case or a  
serious criminal case under a direction for special measures, when:  
(a) he is willing to give evidence but is fearful or under stress owing 
to the nature of the offence or proceedings relating thereto or is 
intimidated or labours under an intimidation that harm may come 
to his person or family or property if he gives evidence and the 
court is satisfied that the quality of evidence is likely to be 
affected on that account; 
(b) he suffers from a physical disability or mental disorder; 
(c) he is under the ag e of 16 years at the time of recording of 
evidence; or 
(d) he is a victim of a sexual offence. 
(2) The court, while making an order under this section, shall also consider 
the following factors:  
(a) the personal circumstances of the witness including his opinion 
and belief;  
(b) the behaviour of the accused, his family or associates or any 
other person towards him; 
(c) the nature and circumstances of the offence; and 
(d) the report of the Unit with regard to the gravity of the threat to 
the witness. 
8. Special measures.– (1) The Unit or, as the case may be, the court shall take 
special measures mentioned in section 9 to section 14 of the Act. 
 (2) If the court is satisfied, on an application by a party to the proceedings 
or on its own motion, that a witness  needs assistance under section 7 of the Act, it 
may, by order, direct to take such special measures as are mentioned in the order, 
but before making an order, the court shall afford an opportunity of hearing to the 
person likely to be affected by the order. 
 (3)  The special measures shall, unless otherwise directed, have effect 
from the day the order is made and until the proceedings are concluded or for such 
period as the court may direct.  
 (4) The special measures may be discharged or varied at any tim e, in the 
interest of justice, by the court either on the application of the party on whose 
request it was made, or on its own motion after affording an opportunity of hearing to 
the parties concerned.  
9. Screening a witness.– The court may direct that a special measure be taken 
to prevent the witness from being seen while coming to the court to give evidence or 
while entering the court or while recording the evidence or while leaving the court in 
a manner that he continues to see or be seen by the court, the public prosecutor, the 
legal representatives acting in the proceedings or any other person appointed by the 
court for the purpose.  
10. Video link .– (1) When so directed by the court, the Unit shall take special 
measures so that the court may examine a  witness through video link at a location 
outside the court.  
(2) Where it is not possible to have a video link in the court room, the court 
may move to the place, as determined by the Government in consultation with the 
High Court, where such facility is available. 
Explanation.– For purposes of this section, the video -link means a live television 
link or other arrangements whereby a witness, while away from the court room or 
other place where the proceedings are being held is: 
(a) able to see and hear a person  there and to be seen and heard 
by the persons specified in section 9; and 
(b) able to be seen and heard by the accused and the public unless 
the court directs otherwise.    
11.  Restricted entry to the court room .– On an application by the Unit or the 
public prosecutor, the court may pass an appropriate order in terms of the proviso to 
section 352 of the Code of Criminal Procedure, 1898 (V of 1898)  or, direct that the 
public generally, or any particular person, shall not have access to, or be or remain 
in, the room of building used by the court. 
12. Rules of cross -examination.– (1) An accused charged with an offence of 
terrorism or a sexual offence shall not, without an express permission by the court, 
himself cross-examine a witness but his counsel may cross-examine the witness.  
 (2) The permission under subsection (1) shall not be granted when, in the 
opinion of the court, the cross-examination by the accused in person is likely to affect 
the voluntariness or quality of the evidence. 
 (3) The court shall forb id a question to the victim of a sexual offence 
relating to any sexual behavior of the victim on any previous occasion with the 
accused or any other person, unless such a question, in the opinion of the court, is a 
relevant fact in the case.   
13. Reporting criminal proceedings .– (1) The reporting of the identity of a 
person connected with an offence of terrorism or a sexual offence or the identity of 
the members of his family shall be prohibited in print, electronic or other media, if the 
person involved in the offence is under the age of eighteen years. 
 (2) The reporting of the identity of a person connected with an offence of 
terrorism or a sexual offence or the identity of the members of his family shall be 
prohibited in print, electronic or other media, if the court is satisfied that the quality or 
voluntariness of the evidence of the person concerned will be diminished thereby.  
14. Anonymity of persons involved in proceedings.– (1) In any proceedings to 
which this Act applies, where a person is or is likely to be required as a witness, the 
court on the application of any party or of its own motion, make an order for the 
preservation of the anonymity of the witness or of any person who might be identified 
in the evidence of the witness, and to ensure that his identity is not disclosed in, or in 
connection with, the proceedings. 
 (2) Unless otherwise stated, such an order shall be taken to include 
directions: 
(a) that the name, address, and identifying details shall be withheld; 
(b) that the witness may use a pseudonym; 
(c) that no question is asked at the trial that might lead to the 
identification of the witness or his address or any information 
from which his identity or address might reasonably be 
identified, without the express permission of the court; 
(d) for the deletion or redaction from all documents to be disclosed 
or produced in the proceedings of the witness’s identity and 
address, and any information which might reasonably lead to the 
identification of the witness; and   
(e) that no person shall publish or communicate to any other person 
the identity, address, or other identifying details of the witness, 
or any other information from which his identity or address might 
reasonably be identified, where it is known that, or in such a way 
as it may be concluded that he is or was a witness in the case, 
save where it is necessary for the proper lawful conduct of the 
proceedings. 
 (3) The court shall not make an order under this section unless it is 
satisfied: 
  (a) that an order is necessary: 
(i) to ensure the safety of the witness or any other person, or 
to prevent any serious damage to property; or 
(ii) to prevent real and significant harm to the public interest; 
(b) that the effect of the order, in no circumstances, would prevent 
the accused from receiving a fair trial; and 
(c) that the importance of the testimony of the witness is such that 
in the interest of justice the witness ought to testify, and either: 
(i) there is a genuine risk that witness would not testify if the 
order were not made; or 
(ii) there would be a genuine risk of real and significant harm 
to the public interest if the witness were to testify without 
such an order being made. 
 (4) While considering whether the conditions in sub -section (3) have been 
met, the court shall take into c onsideration all of the relevant circumstances, and in 
particular: 
(a) the general right of the accused to know the identity of the 
witness; 
(b) the extent to which the credibility of the witness is likely to be an 
issue in the proceedings: 
(c) whether the  evidence could be properly tested without the 
witness’s identity being disclosed; and 
(d) whether the witness has a tendency or any motive to be 
dishonest. 
 (5) An order made under this section shall be known as a `Witness 
Anonymity Order’ and shall remai n in force during the period specified in the order 
unless the order is sooner revoked or any other order is made. 
 (6) The violation of a Witness Anonymity Order or any provision thereof 
shall be an offence. 
15. Trial in jail .– Where the Government, in co nsultation with the court, is 
satisfied that a trial cannot be safely held in a court room, it may, by order, direct that 
the trial shall be held in such jail as may be specified in the order. 
16. Punishment.– A person, who contravenes the provisions of se ction 13 or 
section 14 of the Act, shall be punishable with imprisonment for a term which may 
extend to three years but which shall not be less than thirty days and with fine which 
may extend to rupees five million but which shall not be less than rupees o ne 
hundred thousand. 
17. Rules.– The Government may, by notification in the official Gazette, make 
rules to carry out the purposes of this Act.