Atrocities Act: Maharashtra police directed to use govt workers as panch witnesses

“We carried out a five-year analysis of trials in the state and found that most cases were resulting in acquittals because panch witnesses were turning hostile,” said Quaiser Khalid, Inspector General of Police, PCR.

Stopping the use of civilians as panch witnesses is one area the police has identified in its bid to arrest sliding conviction rates. “We cannot do anything if civilian witnesses turn hostile,” said Khalid.

If government employees who are examined as panch witnesses turn hostile, they face the threat of departmental action and punishment. “Government employees are more reliable as panch witnesses and are less likely to turn hostile. Once all units implement these recommendations, we will hopefully see more convictions,” Khalid said.

In addition, the police will now be required to record statements of complainants, witnesses and panch witnesses before a magistrate under Section 164 of the Criminal Procedure Code during the course of the investigation. This is to ensure that their statements recorded prior to the trial have legal validity.

According to data from the National Crime Records Bureau for 2016, Maharashtra ranks sixth nationwide on number of cases registered under the Atrocities Act. In 2016, 1,750 offences were reported against SCs and 403 against STs.