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Witness Deposition Committee of Supreme Court of India, ‘Guidelines for Recording of Evidence of Vulnerable Witnesses’ (2022) [“VWDC Guidelines”]
Smruti Tukaram Badade v. State of Maharashtra,
2019 SCC OnLine SC 2122.
VWDC Guidelines.
Dr. Francis Wardle, ‘Creating indoor environments for young children’ (
Community Playthings,
June 2010)
[“Indoor Environments for Young Children”]
‘Late teacher’s dream for sensory room comes true’ (
KION46,
8 September 2021)
[“Weeping Water Elementary School, Nebraska, US”]
NCMS (2012).
Objectives
Ensure that the design of the VWDC
facilitates the Vulnerable Witnesses to depose freely
before any Court in a comfortable, accessible, safe, and secure environment;
Ensure that the Vulnerable Witnesses face minimal harm
and/or secondary victimisation when participating in the justice system; and
Although VWDCs are meant to primarily safeguard the interests of Vulnerable Witnesses,
ensure that the rights of the Accused to a fair trial shall not be impinged,
and separate provisions for their effective participation are made so that the Accused and the Vulnerable Witness do not come into contact with each other.
Users
Vulnerable witnesses
Family members
Support persons
Interpreters/translators
Judges
Advocates
Adjacencies
The VWDC must be located in a separate part of the Court Complex, in proximity to one of the entry points, to ensure easy access for Vulnerable Witnesses. The location must also be determined keeping in mind the safety of the witness and the provision to ensure segregated paths for the witness and the Accused.
Where the above is not possible, the Vulnerable Witness space must be planned to be acoustically isolated from the other common areas to prevent any noise intrusions and to ensure comfort and privacy for the witnesses.
The VWDC must be adjacent to a green space to ensure that there is a space for the users to relax. The green space may also be equipped with outdoor play equipment, for such instances where the Vulnerable Witness is a child.
The VWDC must be close to a parking area designated for Vulnerable Witnesses and accessed from the parking by a segregated path.
The VWDC must be located close to a designated and secure lift/staircase leading to the Courtroom.
Management of time of entry to the site and towards the parking area;
Provision of designated/segregated parking area;
Provision of segregated path from the parking to the building entrance;
Provision of a designated lift/staircase core for the Vulnerable Witness to access the VWDC/Courtroom, and ensure security;
Design Considerations
The relevant provisions of the guidelines which pertain to infrastructural requirements for the VWDCs are:
Table 7:
Design considerations arising from the Model Guidelines for VWDCs (2022).
The approach to the VWDC must allow the witness to access it with ease and without having to confront other litigants, police, or the Accused and their associates. Hence, provision may be made to provide a segregated path for the Vulnerable Witness keeping in mind the following:
Greenery, water features, and other soft landscape elements must be provided along the pathways taken by the Vulnerable Witnesses to make it non-intimidating, safe, calm, and experientially pleasant.
The VWDC must be an all-inclusive and universally accessible space for diverse user groups including elderly, transgenders, Persons with Disabilities, parents attending to their infants and young children, etc.
The design of the VWDC must be holistic, to ensure visual continuity of design through the Courtroom, waiting area, deposition room, and other spaces in the Complex.
The interior design of the VWDC must be contextually sensitive to varying cultural nuances related to religion, language, and social practices. In such cases where artwork is used in the rooms, the artwork provided must be culturally relevant and must not be made using very dark colours or too many colours.
The VWDC must be a self-contained space such that the Vulnerable Witness does not have to step out of the Centre and come in contact with the litigants, police, or the Accused and their associates. Hence, separate sanitary provisions within the VWDC must be provided.
Family-friendly and gender-neutral accessible washrooms must be provided, to cater to a diverse group of users including elderly, transgenders, Persons with Disabilities, parents attending to their infants, young children, etc.
The inclusive and accessible washrooms must be equipped with a child-sized water closet and wash basin, a diaper changing station, provision seat for nursing mothers, vending machine or provision for sanitary napkins and diapers, grab bars, etc.
The design and location of drinking water units/stalls must be accessible and inclusive to all diverse user groups, through the use of heights, signages to identify the location, floor finish to avoid slippery and water logging issues, and regular checks for maintenance.
Dustbins must be provided for segregating waste and a waste management disposal system, including sanitary disposal mechanisms, must be put in place to help maintain hygiene and cleanliness. For further details for Sanitary Provisions, please refer to
Section 3.1.
The VWDC engages with persons of varied ages, genders and Persons with Disabilities. Each of the users require the design and infrastructure to cater to their needs. For example, youth in the age group of 13 years to 18 years will need to be engaged in the space differently from the children in the age group of 3 years to 5 years to make them feel safe and comfortable. The use of colours, choice of child friendly toys and the design of the spaces need to be responsive to the varied users.
The Court must make provisions for fire safety systems and put in place an emergency evacuation plan, as per norms.
Provision must be made for a Quiet Room within the VWDC or in close proximity to it, to ensure that all users have quick access to the room if necessary. For further details regarding the design of a Quiet Room, please refer to
Section 3.6.
All spaces in the VWDC must be acoustically treated to ensure privacy and to facilitate a calming environment for the users. For further details on acoustics, please refer to
Annexure 5.
Provision should also be made for family friendly facilities including Feeding Room within the VWDC or in close proximity to it. For further details for family friendly facilities, please refer to
Section 3.3.
Adequate, accessible information and signage support, with large and readable fonts, universally recognised symbols/pictograms, and multilingual with adequate colour contrast must be provided in the VWDCs.
Provision of designated/ segregated parking area;
Greenery, water features, and other soft landscape elements must be provided along the pathways taken by the vulnerable witnesses to make it non-intimidating, safe, calm, and experientially pleasant.
The VWDC must be designed in such a way that it is responsive to the diverse needs of users of varied ages, genders, and Persons with Disabilities.
Space must be provided inside the Courtroom, as well as video-linkage facilities, for a translator who may assist the vulnerable witness in recording testimony.
The VWDC must be a self-contained space such that the vulnerable witness does not have to step out of the Centre and come in contact with the litigants, police, or the accused and their associates. Hence, separate sanitary provisions within the VWDC must be provided.
The design and location of drinking water units / stalls must be accessible and inclusive to all diverse user groups, through the use of heights, signages to identify the location, floor finish to avoid slippery and water logging issues, and regular checks for maintenance.
Dustbins must be provided for segregating waste and a waste management disposal system, including sanitary disposal mechanisms, must be put in place to help maintain hygiene and cleanliness.
Provision must be made for a Quiet Room within the VWDC or in close proximity to it, to ensure that all users have quick access to the room if necessary. For further details regarding the design of a Quiet Room, refer to
Sections 3.6
The waiting area must be in close proximity to the filing section, e-Seva Kendra, e-kiosks, etc.
The waiting area must have access to washrooms and drinking water for diverse user groups.
Adequate signage including a map of the Court Complex, directions to accessible facilities, and fire exit plans must be provided.
The waiting area must have direct access or be in close proximity to the main stairs/fire stairs, etc., for efficient evacuation during any emergency.
Case display boards and audible announcements must be provided.
The waiting area must be designed keeping in mind the requirements of the diverse users that may use the space, and soothing colours must be used to cater to the needs of all users.
A selection of toys, books, games and other comfort items may be provided in the waiting area for such instances where the Vulnerable Witness is a child. For further details of trauma-informed design including child-friendly design, please refer to
Section 2.3.A
The waiting area must have an adequate number of durable, ergonomic seats, including seating for diverse user groups.
The waiting area may also have artworks in the form of paintings, murals, and sculptures for ensuring an appropriate and soothing internal ambience.
Age and gender-neutral victims of sexual assault;
Witnesses suffering from mental illnesses;
Witnesses under threat perception; and
Witnesses who may be Persons with Disabilities.
PART C - THE HANDBOOK
ORGANIZATION AND DESIGN OF SPACES OF THE COURT COMPLEX
2.3.
Vulnerable Witness Deposition Centres
Under the directions of the Hon’ble Supreme Court, all High Courts are required to set up at least one Vulnerable Witness Deposition Centre (“VWDCs”) in each District Court, to create a safe environment to record the statements of the vulnerable victims.
The Hon’ble Supreme Court also constituted a committee chaired by Justice Ms. Gita Mittal, which was tasked with devising and implementing an All India VWDC Training Programme and preparing guidelines for recording of evidence in the VWDCs. The Guidelines seek to improve the response of the justice system towards Vulnerable Witnesses, as defined in Section 3(a).
Additionally, in 2022 the Supreme Court also extended the definition of Vulnerable Witnesses to include:
A. Trauma-Informed Design Considerations for Vulnerable Witnesses
Trauma-informed design and security measures must be approached holistically. This involves the design of Court spaces considering both physical and psychological safety of all Vulnerable Witnesses including children, Persons with Disabilities, elderly persons, etc., Designing spaces that feel open, inviting, and non-threatening and non-confrontational while ensuring that security measures are discreet and unobtrusive helps strike this balance. Colours,
textures
and greenery play an integral role in ensuring that a space feels comfortable and secure for all diverse user groups.
It is important to engage with the stakeholders, including architects, accessibility consultants, security consultants, mental healthcare professionals, and those with lived experiences, to create spaces that effectively merge trauma-informed design principles with robust security measures.
Specific design considerations to be kept in mind for Vulnerable Witnesses are:
Table 8:
Trauma-informed design considerations for Vulnerable Witnesses.
B. VWDC Waiting Area
A segregated waiting area must be provided in the VWDC Complex for the users of the space as well as the family members and support persons accompanying them.
An additional Vulnerable Witness waiting room is necessary to ensure that while evidence is being recorded in an ongoing case, there is no interruption by the witnesses waiting for upcoming cases. This additional waiting room must be separate from waiting areas used by other persons visiting the Court.
Image 57: Prototype design for a VWDC Waiting Area
References
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Comfort Items – Comfort items mean any article of choice of the vulnerable witness which may have a calming effect at the time of deposition and may include stuffed toy, blanket or book.
Testimonial Aids – means and includes screens; single visibility mirrors, curtains, live links, image and/or voice altering devices; or any other technical devices, facilities and equipment.
Waiting Area- A safe space for vulnerable witnesses where they can wait.
The waiting area must be equipped with comfort items such as stuffed toys, books or blankets, to ensure that the vulnerable witness is comfortable within it.
The VWDC Courtroom must have testimonial aids such as screens, single visibility mirrors, curtains, live links, image and/or voice altering devices, which may be used by the witnesses if necessary.
All precautions must be taken to ensure that the vulnerable witness is safe within the waiting area.
The Courts shall ensure that a waiting area for vulnerable witnesses with the support person, and the lawyer of the vulnerable witness, if any, is separate from waiting areas used by other persons. Care shall be taken to ensure that the waiting room is used only by the vulnerable witness and the non-offending family members and support persons.
The waiting area should be accessible to all vulnerable witnesses, including those with disability.
The waiting area for vulnerable witnesses should be furnished so as to make a vulnerable witness comfortable.
This may include, but not be limited to, being furnished and equipped with toys, books, games, drawing and painting materials and other such activities, TV, etc., which can help lower the anxiety of the witness.
It could include a place for very young child witnesses to rest or sleep.
Accessible toilets and drinking water facilities should also be available inside the waiting room or within close proximity.
The approach to the waiting area shall be in such a way that allows the witness to access it with ease and without having to confront other litigants, police, or the accused and their associates.
The waiting area needs to be equipped with a digital “Case Number Display Monitor” that shows the case being called in the Court.
Arrangements for the vulnerable witness to depose from the waiting area, which may include monitors and screens for recording of the evidence of the child shall be made available.
The VWDC must have a separate and segregated waiting area for witnesses. The waiting area must be used only by the witness and their non-offending members or support persons.
The waiting area must be accessible to all vulnerable witnesses including Persons with Disabilities.
The waiting area must be furnished such that it makes the vulnerable witnesses feel comfortable.
The waiting area must be equipped with toys, books, games, drawing materials, paintings, TV, etc., which may be helpful to reduce anxiety of witnesses such as children.
The waiting area must have space for child witnesses to sleep or rest.
Accessible, gender-neutral and inclusive washrooms and drinking water facilities must be provided within the Complex or in close proximity to it.
Segregated paths and adequate security provisons must be provided to prevent confrontation between the Vulnerable Witness and other litigants, police, Accused Persons or their associates.
The waiting area must have a digital 'Case Number Display Monitor' that shows the case being called in Court.
The waiting area must have digital equipment such as monitors and screens that can be used by the vulnerable witnesses to depose from the waiting area itself.
ii.
Separate and safe waiting areas and passage thereto should be provided for vulnerable witnesses.
iii.
Care shall be taken to ensure that the vulnerable witness Courtroom is accessible to Persons with Disabilities.
iv.
The vulnerable witness may be allowed to testify from a place other than the witness chair. The witness chair or other place from which the vulnerable witness testifies may be turned to facilitate their testimony but the accused or the opposite party and their counsel must have a frontal or profile view of the vulnerable witness even by a video link, during the testimony of the vulnerable witness. The witness chair or other place from which the vulnerable witness testifies may also be rearranged to allow the vulnerable witness to see the accused or the opposite party and their counsel, if the vulnerable witness chooses to look at them, without turning their body or leaving the witness stand.
vii.
Access to crèche facilities within the Court premises should be enabled for vulnerable witnesses who may require child care facilities on the date of their deposition.
The Court has a duty to provide safe and separate waiting areas and passages to vulnerable witnesses.
The Court has a duty to ensure that the VWDC is accessible to all vulnerable witnesses including Persons with Disabilities.
The Court has a duty to allow the vulnerable witness to depose from a place other than the witness chair to ensure comfort. However, the Court must also ensure that the accused or the opposite party and their counsel have a frontal or profile view of the vulnerable witness even by a video link, during the testimony.
The witness chair or other place from which the vulnerable witness testifies may also be rearranged to allow the vulnerable witness if they so desire.
The Court has a duty to provide crèche facilities to vulnerable witnesses who may require child care facilities.
Additional measures may be taken to enable the recording of evidence of vulnerable witnesses with disability.
For instance, steps can be taken to record witness testimony in compliance with Section 278, Cr.PC in Braille to ensure a vulnerable witness is not dependant on another person to read their testimony out
use of amplification devices/ document magnifiers/ ensuring that all notices that require a response or an action to be taken (e.g. summons, orders) are available by accessible means and in accessible formats
use of video and audio guides;
engagement of sign language interpreters;
enabling wheelchair access in the Court premises, Courtroom and witness box.
Adequate time should be given to vulnerable witnesses using communication boards during evidence.
Provisions must be made to enable the recording of evidence of vulnerable witnesses with disabilities which includes the recording of evidence in Braille to ensure the independence of vulnerable witnesses.
Provisions must be made for the use of amplification devices / document magnifiers / ensuring that all notices that require a response or an action to be taken are available in all formats.
Use of video and audio guides must be facilitated.
There must be provision for seating and other amenities for sign language interpreters in the Court for better accessibility.
There must be provisions for wheelchair access within the Court premises, including pathways that are amenable for manoeuvring the wheelchair around.
It shall be the duty of the guardian ad litem of the vulnerable child witness so appointed by Court to:
a. attend all depositions, hearings, and trial proceedings in which a vulnerable witness participates.
d. Assist the vulnerable witness and their family in coping with the emotional effects of participating in any case/proceedings, especially the crime and subsequent criminal or non-criminal proceedings in which the vulnerable witness is involved;
There must be seating provisions within the Courtroom for the guardian of the vulnerable witness.
There must be seating provisions within the deposition centre waiting room and the video linkage room for the guardian accompanying the vulnerable witness.
avoiding exposure to the accused by using screens or single visibility mirror;
if the child victim or witness refuses to give testimony in the presence of the accused or if circumstances show that the child may be inhibited from speaking freely in that person’s presence, the Court shall give orders to temporarily remove the accused from the Courtroom to an adjacent room with a video link or a one way mirror visibility into the Courtroom. In such cases, the defense lawyer shall remain in the Courtroom and question the vulnerable witness , and the accused’s right of confrontation shall thus be guaranteed;
There must be a one-way mirror in the Courtroom for the accused dock or room.
There must be a temporary room adjacent to the Courtroom or a tinted accused room/dock within the Courtroom.
An outdoor area including a variety of natural elements like grassy patches, trees providing shade, and flowerbeds with colourful blooms must be provided adjacent to the space.
It must also be provided with a play structure made of wood or natural materials, integrating elements of climbing, exploration, and imaginative play.
Sensory gardens with different textures, scents, and plants must be incorporated in the design to ensure that the children can touch, smell, and observe.
Safe and soft ground coverings such as rubber mulch or grass must be provided to ensure a comfortable and secure play surface.
Colour in elements that are easy to change or adapt must be used, such as decor items, cushions, or removable wall art, allowing flexibility in adjusting the colour scheme if needed.
Pastel Shades:
Soft pastel colours like light blues, muted greens, pale yellows, or gentle pinks can create a soothing and welcoming atmosphere in child-friendly spaces.
Neutral Tones:
Consider incorporating neutral tones such as soft greys, beige, or warm taupes as a base colour to balance brighter hues and provide a calming backdrop.
Nature-Inspired Colours:
Colours inspired by nature, like soft earthy tones (e.g., light browns, muted greens), can evoke a sense of tranquillity and connection to the natural world.
Balanced Colour Palettes:
Balanced colour palettes combining softer shades with pops of colour sparingly add to the visual interest without creating an overstimulating environment.
Limiting High-Contrast Schemes:
Highly contrasting or overly bright colour combinations may be overwhelming, especially for children with sensory sensitivities and trauma.
Plush Fabrics:
Soft and fluffy rugs, cushions, or bean bags made from plush materials like fleece or faux fur must be used. These textures offer a comforting and tactile experience for children.
Wooden Elements:
Wooden furniture or toys with smooth, natural finishes must be incorporated. Wooden surfaces provide a warm and tactile feel while connecting to nature.
Natural Fibres:
Materials like rattan, wicker, or bamboo for furniture pieces or decorative elements must be used. These natural fibres add texture and visual interest while offering an organic feel.
To ensure a child-friendly space, large windows must be provided that allow ample natural light to enter during the day. Natural light creates a bright and inviting atmosphere, positively impacting mood and well-being.
Soft and diffused lighting fixtures, such as pendant lamps with fabric shades or recessed lights with dimmer switches must be used to provide adjustable brightness levels. Dimmable lights offer flexibility in creating a calming ambience, especially during relaxation times.
Sensory lights may be provided to cater to the needs of users with autism.
The partition must be designed to perform minimum STC 55 and door to perform STC 45.
The space must be strategically placed away from the common areas to avoid disturbances in case of open design.
Acoustic screens or plantations can be provided to achieve isolation in open spaces.
The space must also be treated with acoustic materials to avoid sound reflection and noise buildup, acoustic ceiling materials, wall panels and or curtains can be used to achieve sufficient absorption.
The ceiling must be treated with acoustic materials to avoid sound reflection. A minimum of 0.75 NRC materials must be provided.
Soft furniture may be utilised to achieve sound absorption.
Plush sofas, bean bags, armchairs, or seating options with soft material, and ergonomic designs must be used.
Display boards, a range of age-appropriate and culturally significant books, games, etc., may be provided to address children of all ages.
A selection of toys such as fidget spinners, etc., must be provided to aid children with variations of autism, ADHD, etc., The toys provided must not be competitive in nature.
Additional items may be placed in the room to make it soothing or calming for all such as plants, sensory sensory boards, or textured panels.
Contextual furnishing, taking into consideration local cultural elements must be provided to create familiarity.
Design furnishings specifically for diverse user groups, featuring rounded edges, playful colours, and designs that stimulate imagination and creativity must be provided.
Provisions must be made to help the children to engage and participate actively.
Age-appropriate activities, toys, or interactive elements must be provided that engage children without causing disruptions.
Quiet spaces for relaxation or focus must be provided, particularly for those sensitive to sensory stimuli.
The space must be designed to ensure that children can navigate the space with little to none management or supervision.
The objects in the room, as well as counters, seating provisions, washbasins, faucets, mirrors, etc., must be placed at child-friendly heights.
Child-friendly signages must be provided.
Clear wayfinding and spatial arrangement must be provided.
Door Frame metal detectors can be seamlessly integrated with the area interiors for security elements blended with room furniture, ensuring that they do not look intimidating to the users.
Baby-changing stations and child protection seats must be provided in all washrooms, lactation rooms, etc.
Wide kerb ramps, avoiding cobbled surfaces along walkable pathways, etc., must be provided to ensure easy navigation for baby prams.
Section No.
Section Title
Section Relevant Details
Design Strategy
Design Consideration
S.3.
Definitions
S.13.
Assistance of an interpreter, translator, special educator or expert
(ii)
Wherever necessary, the Court may, suo moto or upon an application presented by either party or a Support Person of vulnerable witnesses take the assistance of a qualified and experienced interpreter, translator, special educator or expert, to enable recording of evidence of vulnerable witnesses, and on payment of such fees as may be prescribed by the State Government or authority concerned.
Provision must be made for seating and other amenities for an interpreter, translator, special educator or expert, to enable recording of evidence of vulnerable witnesses.
S.17.
Waiting Area for Vulnerable Witness
S.18.
Duty to provide comfortable environment
S.19.
Directions for Judges of Criminal Courts, Children’s Courts and Juvenile Justice Boards
S.21.
Live-link television testimony in criminal cases where the vulnerable witness is involved
Any party in the case, the prosecutor, counsel or the guardian ad litem may apply for an order that the testimony of the vulnerable witness be taken in a room outside the Courtroom and be televised to the Courtroom by live-link television.
A live link television/video linkage room must be provided for recording the testimony of the witness outside the Courtroom.
S.22.
Provision of testimonial aids to prevent exposure of vulnerable witness to the accused
The Court may suo moto or on an application made even by the vulnerable witness, prosecutor or counsel or the guardian ad litem order testimonial aid such as screens, one-way mirror, curtains or other devices to be placed in the Courtroom in such a manner that the vulnerable witness cannot see the accused/opposite party while testifying and at the same time ensuring that the opposite party/accused is in a position to hear the statement of the vulnerable witness and communicate with their advocate.
There must be testimonial aids such as screens, one-way mirror, curtains or other devices to be placed in the Courtroom in such a manner that the vulnerable witness cannot see the accused/opposite party while testifying.
S.23.
Factors to be considered while considering the application under Guidelines
The Court shall ensure ahead of time that the equipment is working, recordings can be played and that camera angles will not permit the witness to see the defendant. The Court shall not wait until the victim or vulnerable witness is in the live link room to run checks: delays and malfunctions can be disruptive to the vulnerable witness. Where a live link is being used during the vulnerable witness’s testimony, ensure that they are able to see all of the questioner’s face. It should be explained that the judge or magistrates can always see the vulnerable witness over the live video link even when the witness cannot see the judge or magistrates.
The cameras must be placed in a manner in order to ensure that the witness does not see the defendant and the judges are always able to see the vulnerable witness.
S.31.
Protective measures
prohibiting direct or indirect contact between a vulnerable witness and the accused/opposite party at any point in the justice process.
Security/safety measures such as CCTV cameras, security personnel or segregated pathways must be available within the Court premises.
S.35.
Duties of guardian ad litem
S.37.
Measures to protect the privacy and well-being of child victims and witnesses
All spaces used by vulnerable users (including child-care spaces) must be designed to bring nature indoors to enhance the sensory experience, and help to reduce stimulation for children with hypersensitive variation of autism, ADHD, etc.
The space must be provided with large windows to allow ample natural light to filter in, creating a bright and airy environment.
Introduce plants, natural materials (like wood, stone, or water features), sounds of nature, etc., must be introduced.
Tactile Walls:
Interactive walls with textured elements like bead mazes, sensory boards, or textured panels must be created at varying heights to engage children's senses and encourage exploration.
Textured Flooring:
Textured flooring materials such as rubberized mats with different patterns or textures must be used to ensure that the children can walk or play on, providing sensory feedback.
Nature Integration
Indoor Setting:
Outdoor Setting:
Colour
Tactile Colour Use:
Soft and Calming Colours:
A positive usage of colours (examples: blues, greens, and off-whites) must be adopted in the space to define the space and optimise colour preference.
Avoiding Overwhelming Colours:
A negative usage of overwhelming colours (dark colours, or too many colours) which may lead to confusion and over-stimulation, particularly for children with hypersensitive variation of autism, ADHD, etc., must be avoided.
Textures
Soft Textures:
Natural Textures:
Varied Tactile Experiences:
Lighting
Natural Lighting:
Soft and Adjustable Lights:
Acoustics
Isolation:
Absorption:
Furnishing
Ergonomic, Soft and Comfortable Seating:
Activity-Based and Sensory Furnishings:
Adaptive and Inclusive Furniture:
Engagement and Distraction
Accessibility
Non-confrontational Design and Passive Security Strategy
Other infrastructural support
