In view of the above deliberations, the following
conclusions are arrived at:
(i) The provisions in Section 357A(1)(4)&(5) Cr.P.C are
substantive in character.
(ii) The victims under Section 357A(4) of the Cr.P.C. are
entitled to claim compensation for incidents that occurred even
prior to the coming into force of the said provision.
(iii) By giving the benefit to victims under Section 357A(4)
Cr.P.C., for crimes that occurred prior to 31.12.2009, the statutory provision is not given retrospective effect, and instead a
prospective benefit is given based on an antecedent fact.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
WP(C).No.7250 OF 2014(E)
DISTRICT COLLECTOR,ALAPPUZHA.
Vs DISTRICT LEGAL SERVICE AUTHORITY,ALAPPUZHA,
Coram: MR. JUSTICE BECHU KURIAN THOMAS
Dated this the 22nd day of December, 2020
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