section 19
Rights of victims and witnesses during trial
The Rajasthan Protection From Lynching Act, 2019(1) A Designated Judge may, on an application made by a witness in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret. (2) A victim shall have the right to reasonable, accurate, and timely notice of any court proceeding and shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submissions on conviction, acquittal or sentencing. (3) The Superintendent of Police or an officer designated by him shall inform the victim in writing about the progress of investigations into the offence, whether or not the offender has been arrested, charge-sheeted, granted bail, charged, convicted or sentenced, and if a person has been charged with the offence, then the name of the suspected offender. (4) The victim shall have the right to receive a copy of any statement of the witness recorded during investigation or inquiry, and a copy of all statements and documents filed under section 173 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) including the charge-sheet or closure report submitted by police. (5) A victim shall be entitled to receive free legal aid if he so chooses and to engage any advocate who he chooses from among those enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 (Central Act No. 39 of 1987) and the Legal Services Authority established under the said Act shall pay all costs, expenses and fees of the advocate appointed by the victim or informant in accordance with relevant rules. (6) Notwithstanding anything contained in any other law for the time being in force, the Designated Judge trying a case may permit the prosecution to be conducted by any advocate recommended by the victim: Provided that no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to conduct the prosecution without the prior approval of the Designated Judge. (7) Where the prosecution is conducted by an advocate recommended by the victim, the expenses arising out of such service shall be borne by the State Government. (8) It shall be the duty and responsibility of the State Government for making arrangements for the protection of victims and witnesses against any kind of intimidation, coercion or inducement of violence or threats of violence. (9) The State Government shall inform the Designated Judge about the protection provided to any victim, informant or witness and the Designated Judge shall periodically review the protection being provided under this section and pass appropriate orders. (10) It shall be the duty of the police officer to receive and record the complaint of victim, informant or witnesses against any kind of intimidation coercion or inducement or violence or threats of violence, whether given orally or in writing and copy of the same shall be sent to the Designated Judge within twenty-four hours of recording it.
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