VICTIMS IN CRIMINAL CASE BE AWARDED COMPENSATION: SC

PRESS TRUST OF INDIA

New Delhi, May 14: Courts must not only convict and punish the guilty in criminal cases but should also award compensation to the victims, the Supreme Court has held.
 The apex court expressed concern that victims in criminal cases are not awarded compensation for the loss and damage suffered by them despite clear provision of law for this and said that all judges dealing with criminal cases be made aware about it.
 "Section 357 Criminal Procedure Code (CrPC) confers a duty on the Court to apply its mind to the question of compensation in every criminal case. It necessarily follows that the Court must disclose that it has applied its mind to this question in every criminal case," a bench of justices T S Thakur and Gyan Sudha Misra said.
 The bench said victims should not be "forgotten" by courts while deciding criminal cases and it is court's obligation to apply mind in granting compensation in each case.
 "...It appears to us that the provision confers a power coupled with a duty on the courts to apply its mind to the question of awarding compensation in every criminal case. We say so because in the background and context in which it was introduced, the power to award compensation was intended to reassure the victim that he or she is not forgotten in the criminal justice system.
 "The victim would remain forgotten in the criminal justice system if despite Legislature having gone so far as to enact specific provisions relating to victim compensation, Courts choose to ignore the provisions altogether and do not even apply their mind to the question of compensation," the bench said.
 CrPC was amended in 2008 on the recommendations of Law Commission and Section 357A was introduced under which the Court is empowered to direct the State to pay compensation to the victim.
 This is in those cases where the compensation awarded under Section 357 is not adequate for such rehabilitation, or where the case ends in acquittal or discharge and the victim has to be rehabilitated.
 "Under this provision, even if the accused is not tried but the victim needs to be rehabilitated, the victim may request the State or District Legal Services Authority to award him/her compensation," the bench said, adding "Sub-section(3) of Section 357 further empowers the Court by stating that it may award compensation even in such cases where the sentence imposed does not include a fine".
 "The long line of judicial pronouncements of this Court recognised in no uncertain terms a paradigm shift in the approach towards victims of crimes who were held entitled to reparation, restitution or compensation for loss or injury suffered by them. This shift from retribution to restitution began in the mid 1960s and gained momentum in the decades that followed," the bench said.
 The apex court said that copy of its order be forwarded to the Registrars General of the High Courts in the country for circulation among the Judges handling criminal trials and hearing appeals.

Lastupdate on : Tue, 14 May 2013 21:30:00 Makkah time
Lastupdate on : Tue, 14 May 2013 18:30:00 GMT
Lastupdate on : Wed, 15 May 2013 00:00:00 IST




  • del.icio.us
  • StumbleUpon
  • Digg
  • TwitThis
  • Mixx
  • Technorati
  • Facebook
  • NewsVine
  • Reddit
  • Google
  • LinkedIn
  • YahooMyWeb
  • Print News

Enter the Security code exactly as you see it in the image security code is CaSe SeNsItIvE(Cookies must be enabled)
  • MORE FROM NATIONAL

  • Kashmir

Pellet guns threat to life: SHRC

Seeks Response From Government, Police

IMRAN MUZAFFAR

Srinagar, May 14: Observing that use of pellet guns by government forces was a serious threat to life, the State Human Rights Commission has issued notices to J&K Government and Director General of More



  • Srinagar City

AMID GROWING DOG SCARE NETAS, BABUS SING ALL IS WELL TUNE

M HYDERI

Srinagar, May 14: Spotting over a hundred stray dogs on prowl around could be scary and equally deadly, but this is a routine for the people living in this summer Capital while the politicians from the More




  • Jammu

Azad visits quake-hit Bhaderwah, Doda

Inspects Developmental Works

Doda, May 14: Union Minister for Health and Family Welfare Ghulam Nabi Azad, who is on a visit to the earthquake-affected Doda district, Tuesday visited quake hit areas of Bhaderwah, Ghat and Doda town More



  • South Asia

UJC chief felicitates Nawaz Sharif

NISAR AHMED THOKAR

Islamabad, May 14: Chairman of the United Jehad Council (UJC) Syed Salahuddin has felicitated the PML-N Chief Nawaz Sharif on his landmark victory in the recent polls in Pakistan.“We express our sincere More



  • World

Lord Nazir ends affiliation with Labour Party

TARIQ NAQASH

London, May 14: Lord Nazir Ahmed, the British parliamentarian of Kashmiri origin, has ended his nearly four decades old affiliation with the Labour Party with “a heavy heart” following a row over his alleged More



  • Gk Features

Muslim caretaker for a Pandit cremation ground

A Kashmiri Muslim family has been taking care of a cremation ground for Pandits for over a century in the interiors of Dal Lake

TAKING CARE

MAJID MAQBOOL

For over a century a Kashmiri Muslim family in Jala Mohalla in the interiors of Dal Lake on the Rainawari side has been taking care of a cremation ground for Kashmiri Pandits even after their migration More



ADD
Designed Developed and Maintaned By Imobisoft Ltd /Algosol Software Solutions