Showing posts with label S 357A(4) CRPC. Show all posts
Showing posts with label S 357A(4) CRPC. Show all posts

Wednesday, 30 December 2020

Kerala HC: Victims are entitled to claim compensation U/S 357A(4) of CRPC for incidents that occurred even before the coming into force of the said provision

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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