Supreme Court ruling on compensation to victim hai The recent Supreme Court ruling that courts must not only convict and punish the guilty in criminal cases but should also award compensation to the victims using the power conferred on them under section 357 of Criminal Procedure Code would provide an instant relief to victims. The apex court had held that the section ‘conferred a power coupled with a duty on the courts to apply its mind to the question of awarding compensation in every criminal case.’ This was because of the background and context in which the section was introduced. The apex court added that 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 the legislature having gone so far as to enact specific provisions relating to victim compensation, courts choose to ignore the provisions altogether. It added that unless section 357 was not implemented on the question of compensation, it would defeat the very object behind the introduction. Kaleeswaram Raj, High Court lawyer, said the Supreme Court verdict was ‘a timely and instructive’ one. The mere existence of the provision ‘does not achieve the goal unless they are employed by the authorities and thereby justice is extended to the needy and the downtrodden.’ Mr. Raj said the order was ‘a wakeup call not only to the subordinate judiciary, but to the political executive as well.’ It was disturbing to note that many State governments including the Government of Kerala had to do a lot to achieve the object of section 357. He said section 357 had a British origin and section 357-A reflected an Indian supplement. Section.357 says about the power of the court to order compensation whereas S.357A incorporated with effect from December 31, 2009 underlines the duty of the State to evolve a victim compensation scheme. Sivan Madathil, High Court lawyer, said the ruling recognizes the dignity of a victim whose human rights were violated by criminal acts. In fact, compensation was provided to make up for the violation of victims’ human rights. It also provided a warning to the State that if they indulged in any act violating human rights of a person, the State needs to compensate such a person. It has also been pointed that under this provision, even if the accused was 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.
Posted on: Thu, 16 Oct 2014 05:17:45 +0000
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