Section 398 BNSS: Witness protection scheme

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 398 BNSS at a Glance

Section 398 BNSS deals with witness protection scheme. It has no corresponding section in the CrPC. The BNSS applies from 1 July 2024.

Section 398 BNSS Bare Act Text

398. Witness protection scheme

Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.

Source: Section 398, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 398 BNSS in Simple Words

Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places a mandatory duty on every State Government to draw up and officially publish a Witness Protection Scheme for its State. The purpose of Section 398 BNSS is to ensure the protection of witnesses through a formal State scheme.

Under the Sanhita, every State Government shall prepare the scheme and shall notify it for the State with a view to ensure protection of witnesses. By making both preparation and notification compulsory, Section 398 BNSS ensures that every State establishes an official framework aimed at protecting witnesses.

When Section 398 BNSS Applies

  • Under Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, every State Government has a mandatory duty and shall both draw up and officially publish a scheme for witness protection in its State.
  • The State Government shall frame and publish the scheme under Section 398 BNSS for the specific purpose of safeguarding witnesses.

Example of Section 398 BNSS

Meera is a witness in a State where Rajesh works in the State Government. Rajesh reviews the duties of the State Government under Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State Government has prepared a draft Witness Protection Scheme for the State to ensure the protection of witnesses like Meera, but it has not notified the scheme. Under Section 398 BNSS, every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses. Preparing an unnotified draft does not satisfy the Sanhita, so the State Government must also notify the scheme.

When Section 398 BNSS Does Not Apply

  • Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places the duty to prepare and notify the scheme only on a State Government and not on any authority or person that is not a State Government.
  • Section 398 BNSS does not apply to a scheme that is not prepared for the State with the objective of ensuring the protection of witnesses.

No Corresponding CrPC Section

The official comparison tables list no section of the Code of Criminal Procedure, 1973 against Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code had no section in its place. Section 398 BNSS has no counterpart in the Code. It provides that every State Government shall prepare and notify a Witness Protection Scheme for the State to ensure protection of the witnesses.

FAQs on Section 398 BNSS

Which authority is responsible for preparing a Witness Protection Scheme under Section 398 BNSS?▼

Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places the responsibility on every State Government. The provision states that every State Government shall prepare and notify a Witness Protection Scheme for the State. The word shall makes the obligation mandatory for each State Government, and the scheme must be both prepared and notified for the State to ensure the protection of witnesses.

Is it optional for a State Government to notify a Witness Protection Scheme under Section 398 BNSS?▼

No, it is not optional. Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 uses the mandatory word shall rather than may. Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses. Under Section 398 BNSS, both preparing the scheme and notifying it for the State are compulsory statutory duties of every State Government.

What is the stated purpose of the scheme required by Section 398 BNSS?▼

The purpose stated in Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is to ensure protection of the witnesses. Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to achieving that protection. Section 398 BNSS does not set out the detailed rules of each scheme inside the text of the Sanhita, and instead directs every State Government to prepare and notify the scheme for its State.

Did the Code of Criminal Procedure, 1973 have a corresponding section for Section 398 BNSS?▼

No. The official comparison tables list no section of the Code of Criminal Procedure, 1973 against Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code had no section in its place. Section 398 BNSS has no counterpart in the Code. Under Section 398 BNSS, every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·