Definitions

(1) In this Act, unless the subject or context otherwise requires--- (a) “Competent Authority” means committee constituted in the Chairmanship of District Judge and Senior Superintendent of Police/Superintendent of Police, Additional District Magistrate and prosecution officer in charge of District (Joint Director, Prosecution/ Senior prosecution officer) Shall be its members. (b) “Code” means the Code of Criminal Procedure, 1973; (c) “Family Member” means Grandparents, parents/guardian, siblings, spouse, children and grand children of the witness; (d) “Form” means the form annexed with this Act; (e) “Government” means the government of state of Uttarakhand; (f) “In camera proceeding” means proceedings wherein the Competent Authority/Court allows only those persons who are necessary to be present while hearing and deciding the witness protection application or disposing in the court; (g) “Live Link” means a live television link or other such arrangement in electronic form whereby the witness may give evidence in questioned suit while absent from the Court room; (h) “Offence” means those offences which are punishable with death or life imprisonment or an imprisonment of seven years or more and also offences punishable under Section 354, 354A, 354B, 354C, 354D, and 509 of Indian Penal Code. (i) “Protection measures” means the measures taken by Competent Authority/court so that the witnesses may be give evidence in suit without fear of their life and reputation or of their family members; (j) “State Witness protection Fund” means the fund created under section 3 for bearing the expenses incurred during the implementation of witness protection order passed by the Competent Authority under this Act; (k) “Threat Analysis Report” means such detailed report which is prepared by the Sub Divisional Magistrate, Additional Superintendent of Police/Circle officer and Zonal officer/Special Branch investigating the seriousness and credibility of the threat, given to the witness or his family members which shall contain specific details about threat to the witness or members of his family or risk of their life, property or resources. It shall also specify the threat perception apart from suggesting the specific witness protection steps which deserve to be taken in the matter; (l) “Witness” means such person who has made a statement or who has given or agreed to give evidence in relation to any offence as may be prescribed or who possessed information and document about any offence regarded by the Competent Authority as being material to any criminal proceeding or is required to be given protection or other assistance under this Act; (m) “Witness protection application” means an application moved by the witness before Competent Authority in prescribed form for seeking witness protection order. It may be moved by the witness or by members of his family or his duly engaged counsel or SHO/SO in-charge or Superintendent of Police, Prison concerned and same shall preferably be forwarded through the Prosecution Officer concerned; (n) “Witness protection order” means an order issued from the level of Competent Authority on the basis of threats analysis report of the witness or his family members; (o) “Witness protection cell” means cell constituted at district level regarding witness protection whose duty is to implement the witness protection whose duty is to implement the witness protection order absolutely. At district level, this cell shall be headed by Senior Superintendent of Police/Superintendent of Police.