New Delhi: The 17th Law Commission has suggested comprehensive `Witness Identity Protection' (WIP) and `Witness Protection' (WP) programmes to prevent witnesses from turning hostile under threat from the accused and to ensure that criminal trials do not end in acquittals.

The term of the 17th Commission headed by its Chairman, Justice M. Jagannadha Rao came to an end on Thursday. On behalf of the Commission, Justice Rao submitted to the Union Law Minister, H.R. Bhardwaj four reports - 198th (WIP and WP programmes), 199th (Unfair Terms of Contract), 200th (Trial by media: freedom of expression and fair trial) and 201st report (emergency medical treatment to victims of accidents and persons in emergency medical condition).

Talking to The Hindu , Mr. Justice Rao said the 16th and 17th Commissions had submitted a total of 27 reports to the government on various topics of public importance. He expressed satisfaction that the Commission could fulfil the task assigned to it.

The Supreme Court while dealing with the Godhra riot cases in Gujarat, in particular the Best Bakery case expressed serious concern over witnesses turning hostile due to a variety of reasons resulting in acquittal. Taking note of the apex court's observations, the Commission took suo motu consideration of the issue of WIP and WP and submitted its recommendations.

The report says, "the accused in our country have a right to an open public trial in a criminal court and also a right to examination of witnesses in open court in their presence. But, these rights of the accused are not absolute and may be restricted to a reasonable extent in the interests of fair administration of justice and for ensuring that victims and witnesses depose without any fear."

It says, "the right of the accused for an open trial in his or her presence, being not absolute, the law has to balance that right of the accused as against the need for fair administration of justice in which the victims and witness depose without fear or danger of their lives or property or those of their close relatives."

It says that WIP might require during investigation, inquiry and trial while the WP programme would apply to the physical protection of the witness outside the court.

The report says "it is accepted today that WIP is necessary in the case of all serious offences wherein there is danger to witnesses and it is not confined to cases of terrorism or sexual offences."

It calls for WIP so that the witness can depose without fear and a fair trial can be ensured.

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