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22

Disclosure of Information

Act: Balochistan Witness Protection Act 2016

Section Provisions

ACT IV OF 2016 ACT IV OF 2016 BALOCHISTAN WITNESS PROTECTION ACT, 2016 An Act to provide for protection of witnesses to enable them to give evidence in criminal proceedings in the Province of Balochistan [Gazette of Balochistan Extraordinary, 5th April, 2016] No. PAB/Legis:V(25)/2016, dated 5.4.2016.---The Balochistan Witness Protection Bill, 2015 (Bill No 25 of 2015) having been passed by the Provincial Assembly of Balochistan on 26th March 2016 and assented by the Governor, Balochistan on 29th March 2016 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.---WHEREAS it is expedient to provide for protection of witnesses to enable them to give evidence in criminal proceedings in the Province of Balochistan and for matters ancillary thereto; It is hereby enacted as follows: 22. Disclosure of Information.---(1) No person shall disclose any information which in the exercise of powers, performance of functions or carrying out the duties conferred upon, assigned to or imposed upon him or her by or under this Act or in the course of the performance of any functions relating to the provisions of this Act except (a) for the purpose of giving effect to the provisions of this Act; (b) when required to do so by any competent court; (c) if he or she is authorized thereto by the Chief Witness Protection Officer; or (d) in terms of subsection (2). (2) The Chief Witness Protection Officer may, subject to subsection (1), and on such terms and conditions as he deems fit, disclose any information in respect of protected person (a) with the consent of the protected person; or (b) in any criminal proceedings if the disclosure is necessary to establish the guilt or the innocence of a person; (c) if the Chief Witness Protection Officer is notified by the competent authority that the protected person is under investigation for, or has been arrested for, or is charged with a serious offence, the Chief Witness Protection Officer may (i) release to that authority the new identity or location of the person; (ii) provide that authority with the criminal record and fingerprints of the person; (iii) release to that authority such other information as Chief Witness Protection Officer considers appropriate in the circumstances; and (iv) otherwise cooperate with that authority. (3) The Chief Witness Protection Officer shall, in determining whether information in respect of a protected person should be disclosed as contemplated in subsection (2), take into account (a) the reasons for the disclosure; (b) the probability that the disclosure may endanger the safety of the protected person concerned or that of any other protected person or the integrity of a Program under this Act; (c) whether the need for the disclosure can effectively be met by any other means; (d) whether there are effective means available to prevent any further disclosure of the information; and (e) any other factor that, in the opinion of the Chief Witness Protection Officer should be taken into account. (4) Any person who contravenes the provisions of subsection (1), commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years.