Supreme Court: Victim Also Has Right To Seek Speedy Trial Like Accused

Therefore, to say that the role of the victim is limited

to being a witness, is not correct. A victim or the legal

guardian of the victim is a definite stakeholder in the

criminal justice system. Like the accused, she has also a

vested right to insist on a speedy trial and also for a fair

trial. Therefore, on a reading of the statutory scheme as

enumerated supra, certainly a victim has locus standi to seek

a speedy trial. She can certainly bring a petition under

Section 528 B.N.S.S. seeking a direction from the High Court

to the Trial Court to expedite the trial proceedings. {Para 20}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.______OF 2026

(@ SPECIAL LEAVE PETITION (CRIMINAL) NO.13468/2026)

RENUKA JAIN  Vs  THE STATE OF NCT OF DELHI & ORS. 

Citation: 2026 INSC 1100.

Dated: 24th SEPTEMBER, 2026.

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The 90-Day Rule: How BNSS Ended Police Silence Over Your FIR

 Section 193(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 quietly performs one of the most citizen-friendly reforms in India's new criminal justice framework — it gives every victim and informant a legal right to be told, within 90 days, what the police have actually done about their case.

For decades, filing an FIR under Section 154 of the old Code of Criminal Procedure was the easy part. What followed was often silence — sometimes for years — until a final report finally surfaced under Section 173(2) CrPC. The complainant had no enforceable right to interim information. That era of "administrative silence" has now been legislatively dismantled.

Why The Old System Failed Victims

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'Perfect Victim' In Rape Cases Is A Myth; Women Deal With Trauma In Different Ways : Bombay High Court In Tarun Tejpal Case

 I. Regarding the ‘Perfect Victim’ construct:

45. The Trial Court proceeded on a notion that a victim of sexual assault must behave in a stereotypical manner. The PW-1 was to be a perfect victim and only then could the Courts believe her story of woe. The ‘perfect victim’ concept, more formally known as an ‘ideal victim’, describes an unspoken cultural archetype where a person is fully believed, sympathised with and granted legitimacy only if they exhibit absolute vulnerability, complete innocence and total passivity. When a survivor does not fit in this mould – such as delaying a report, knowing the attacker or being under the influence of alcohol- their trauma is normally devalued. Expecting a survivor to be constantly miserable, meek or visibly broken, the Trial Court has ignored the reality of human coping mechanisms. However, these concepts of a perfect victim are a myth. Credibility must be evaluated on facts, not on whether a survivor fits a narrow cultural mould.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO. 16 OF 2022

The State of Goa  Vs Tarunjit Tejpal, s/o Inderjit Tejpal,

CORAM : DR. NEELA GOKHALE &

AMIT S. JAMSANDEKAR, JJ.

PRONOUNCED ON : 6th AUGUST 2026

JUDGMENT (Per Dr Neela Gokhale, J.)

Citation: 2026:BHC-GOA:1562-DB

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Explain The origin of victim compensation scheme as per Indian law.

  In Indian law, the victim compensation scheme originated because Section 357 CrPC was found inadequate, as it mainly depended on conviction and on the offender’s capacity to pay compensation. To address this gap, Parliament inserted Section 357A CrPC through the Code of Criminal Procedure (Amendment) Act, 2008, creating a statutory obligation on every State Government to frame a Victim Compensation Scheme for victims who suffered loss or injury and require rehabilitation.

60-second answer

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LLM Notes: Reparation of Victims under Indian Penal Law: Concept, Statutory Provisions, and Judicial Interpretation

 The Indian criminal justice system aims not only to punish offenders but also to provide adequate reparation and rehabilitation to victims of crime. Recognizing the victim's suffering and ensuring their restitution has become an integral part of criminal jurisprudence in India.

Basic Concept of Victim Reparation

"Reparation" refers to compensation or restitution provided to victims who have suffered harm, injury, or loss due to criminal acts. It serves dual purposes:

• Redressing the harm suffered by victims.

• Reinforcing the offender's accountability towards society and the victim.

Victims include individuals directly harmed by a crime, their dependents, or even those harmed while assisting victims or preventing victimization.

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LLM Notes: Victim Compensation in India: Statutory Provisions and Landmark Judgments

Victim compensation is a critical aspect of the criminal justice system, aimed at providing financial relief and rehabilitation to individuals who suffer harm due to criminal acts. Over the years, the Indian legal framework has evolved to recognize the rights of victims and ensure their access to justice through statutory provisions and judicial pronouncements. This article explores the concept of victim compensation in India, its statutory basis, and landmark judgments that have shaped its application.

The Code of Criminal Procedure (CrPC), 1973, provides the primary legal framework for victim compensation in India. Key provisions include:

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LLM Notes: What factors the court must consider while granting compensation to victim of crime?

 Courts in India must consider various factors when granting compensation to victims of crime to ensure justice and rehabilitation. These factors are derived from statutory provisions, judicial guidelines, and victim compensation schemes. Below is an explanation of these factors along with landmark judgments.

1. :

   • The seriousness of the crime and its impact on the victim are key considerations. Heinous crimes such as rape, acid attacks, or custodial deaths often warrant higher compensation.

2. :

   • Physical and mental harm suffered by the victim, including trauma or permanent disability, is evaluated. For example, acid attack survivors often require substantial compensation for medical treatment and rehabilitation.

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LLM Notes: Basic concept of penology and its interrelation with Criminology and victimology

 Penology is the study of the punishment and rehabilitation of offenders, including prison management. The term "penology" comes from the Latin word "Pena," meaning "punishment". It is a multidisciplinary field incorporating sociology, psychology, criminology, and law to study the nature of crime and the effects of punishment on offenders. Penologists aim to rehabilitate prisoners and reduce crime rates by evaluating penal laws and their application to wrongdoers.

 Theories of Punishment

Penology seeks to understand the principles, goals, and societal justifications of punishment. Several theories guide its approach:

Retributive Justice:  Punishment should be proportional to the crime's severity.

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Delhi HC: Victim Has Right To Participate In Trial But No Right To Be Impleaded In Criminal Revision

 In my opinion, for the conclusion that I have reached hereinabove, the Impugned Order, insofar as it holds that the petitioner cannot be impleaded as a party to the Revision Petitions, has to be sustained. However, insofar as it restricts the right of the petitioner only to assisting the Court through the medium of the learned APP therein or to plead its case only through the learned APP therein, cannot be upheld. As noted hereinabove, the petitioner, being thealleged victim, has an independent right to be heard in the Revision Petitions pending adjudication before the learned ASJ, especially as they seek the closure/culmination of the criminal proceedings against the accused/revisionist(s). Any order passed in favour of the accused/revisionist(s) in the Revision Petitions would, therefore, also prejudice the petitioner. {Para 80}

Conclusion & Directions:

81. In view of the above discussion, the Impugned Order is partially set aside. The learned ASJ shall afford a fair and reasonable opportunity of hearing to the petitioner in the above-mentioned Revision Petitions pending before it. The petitioner shall also be entitled to file written submissions in the said Revision Petitions.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. 8758/2023 & CRL.M.A. 7381/2024

 VLS FINANCE LTD Vs STATE NCT OF DELHI AND ORS

  CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 

 Pronounced on: 24.05.2024 

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Delhi HC Guidelines directing convicts to file an affidavit of their asset and liabilities for assessment of compensation to be granted to Victim

 Section 357 CrPC is intended to reassure the victim that he/she is not forgotten in the criminal justice system. {Para 161}

162. Section 357 CrPC is a constructive approach to crimes. It is indeed a step forward in our criminal justice system.

163. The power under Section 357 CrPC is not ancillary to other sentences but in addition thereto.

164. The power under Section 357 CrPC is to be exercised liberally to meet the ends of justice in a better way.

165. Section 357 CrPC confers a duty on the Court to apply its mind on the question of compensation in every criminal case.

166. The word „may‟ in Section 357(3) CrPC means „shall‟ and therefore, Section 357 CrPC is mandatory.

167. The Supreme Court in Ankush Shivaji Gaikwad (supra) has given directions that the Courts shall consider Section 357 CrPC in every criminal case and if the Court fails to make an order of compensation, it must furnish reasons.

Quantum of compensation

168. The amount of compensation is to be determined by the Court depending upon gravity of offence, severity of mental and physical harm/injury suffered by the victim, damage/losses suffered by the victims and the capacity of the accused to pay. While determining the paying capacity of the accused, the Court has to take into consideration the present occupation and income of the accused. The accused can also be directed to pay monthly compensation out of his income.

Financial capacity of the accused

169. Before awarding compensation, the Trial Court is required to ascertain the financial capacity of the accused. This Court has formulated the format of an affidavit to be filed by the accused after his conviction to disclose his assets and income which is Annexure-A hereto.

Victim Impact Report

170. This Court has formulated the format of Victim Impact Report (VIR) to be filed by DSLSA in every criminal case after conviction. Victim Impact Report (VIR) shall disclose the impact of the crime on the victim. The format of the Victim Impact Report in respect of criminal cases, other than motor accident cases, is Annexure B-1. The format of Victim Impact Report

in respect of motor accident cases is Annexure B-2.

Summary Inquiry

171. A summary inquiry is necessary to ascertain the impact of crime on the victim, the expenses incurred on prosecution as well as the paying capacity of the accused.

172. This Court is of the view that the summary inquiry be conducted by Delhi State Legal Services Authority (DSLSA) considering that DSLSA is conducting similar inquiry under the Delhi Victim Compensation Scheme, 2018 and is well conversant with the manner of conducting the inquiry.

173. After the conviction of the accused, the Trial Court shall direct the accused to file the affidavit of his assets and income in the format of Annexure-A within 10 days.

174. After the conviction of the accused, the Court shall also direct the State to disclose the expenses incurred on prosecution on affidavit along with the supporting documents within 30 days.

175. Upon receipt of the affidavit of the accused, the Trial Court shall immediately send the copy of the judgment and the affidavit of the accused in the format of Annexure-A and the documents filed with the affidavit to DSLSA.

176. Upon receipt of the judgment and the affidavit of the accused, DSLSA shall conduct a summary inquiry to compute the loss suffered by the victims and the paying capacity of the accused and shall submit the Victim Impact Report containing their recommendations to the Court within 30 days. Delhi State Legal Services Authority shall seek the necessary assistance in

conducting the inquiry from SDM concerned, SHO concerned and/or prosecution who shall provide the necessary assistance upon being requested.

177. The Trial Court shall thereafter consider the Victim Impact Report of the DSLSA with respect to the impact of crime on the victims, paying capacity of the accused and expenditure incurred on the prosecution; and after hearing the parties including the victims of crime, the Court shall award the compensation to the victim(s) and cost of prosecution to the State, if the accused has the capacity to pay the same. The Court shall direct the accused to deposit the compensation with DSLSA whereupon DSLSA shall disburse the amount to the victims according to their Scheme.

178. If the accused does not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate for rehabilitation of the victim, the Court shall invoke Section 357A CrPC to recommend the case to the Delhi State Legal Services Authority for award of compensation from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018.

179. In pending appeals/revisions against the order on sentence in which Section 357 CrPC has not been complied with, the Public Prosecutor shall file an application seeking a direction from the Court for directing the accused to file his affidavit of assets and income in the format of Annexure- A and directions to DSLSA to conduct a summary inquiry to ascertain theloss/damage suffered by the victim(s) and the paying capacity of the accused in the format of Annexures-B/B-1 in terms of Sections 357(4) CrPC in accordance with procedure mentioned hereinabove.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 27th November, 2020

+ CRL.A. 352/2020

 KARAN Vs STATE NCT OF DELHI 

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

HON'BLE MR. JUSTICE BRIJESH SETHI

Citation: 2020:DHC:3415-DB

Author: J.R. MIDHA, J.

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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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Delhi High Court directs filing of income affidavit of convict, Victim Impact Report for grant of compensation to victim

Victimology

156. Victims are unfortunately the forgotten people in the criminal justice delivery system. Victims are the worst sufferers. Victims‟ family is ruined particularly in cases of death and grievous bodily injuries. This is apart from the factors like loss of reputation, humiliation, etc. The Court has to take into consideration the effect of the offence on the victim's family even though human life cannot be restored but then monetary compensation will at least provide some solace.

157. The criminal justice system is meant for doing justice to all - the accused, the society and the victim.

158. Justice remains incomplete without adequate compensation to the victim. Justice can be complete only when the victim is also compensated.

Sections 357 & 357A of CrPC

159. Section 357 CrPC empowers the Court to award compensation to victims who have suffered by the action of the accused.

160. The object of the Section 357(3) CrPC is to provide compensation to the victims who have suffered loss or injury by reason of the act of the accused. Mere punishment of the offender cannot give much solace to the family of the victim – civil action for damages is a long drawn and a cumbersome judicial process. Monetary compensation for redressal by the Court finding the infringement of the indefeasible right to life of the citizen is, therefore, useful and at time perhaps the only effective remedy to apply balm to the wounds of the family members of the deceased victim, who may have been the bread earner of the family.

161. Section 357 CrPC is intended to reassure the victim that he/she is not forgotten in the criminal justice system.

162. Section 357 CrPC is a constructive approach to crimes. It is indeed a step forward in our criminal justice system.

163. The power under Section 357 CrPC is not ancillary to other sentences but in addition thereto.

164. The power under Section 357 CrPC is to be exercised liberally to meet the ends of justice in a better way.

165. Section 357 CrPC confers a duty on the Court to apply its mind on the question of compensation in every criminal case.

166. The word „may‟ in Section 357(3) CrPC means „shall‟ and therefore, Section 357 CrPC is mandatory.

167. The Supreme Court in Ankush Shivaji Gaikwad (supra) has given directions that the Courts shall consider Section 357 CrPC in every criminal case and if the Court fails to make an order of compensation, it must furnish reasons.

Quantum of compensation

168. The amount of compensation is to be determined by the Court

depending upon gravity of offence, severity of mental and physical harm/injury suffered by the victim, damage/losses suffered by the victims and the capacity of the accused to pay. While determining the paying capacity of the accused, the Court has to take into consideration the present occupation and income of the accused. The accused can also be directed to pay monthly compensation out of his income.

Financial capacity of the accused

169. Before awarding compensation, the Trial Court is required to ascertain the financial capacity of the accused. This Court has formulated the format of an affidavit to be filed by the accused after his conviction to disclose his assets and income which is Annexure-A hereto.

Victim Impact Report

170. This Court has formulated the format of Victim Impact Report (VIR) to be filed by DSLSA in every criminal case after conviction. Victim Impact Report (VIR) shall disclose the impact of the crime on the victim. The format of the Victim Impact Report in respect of criminal cases, other than motor accident cases, is Annexure B-1. The format of Victim Impact Report in respect of motor accident cases is Annexure B-2.

Summary Inquiry

171. A summary inquiry is necessary to ascertain the impact of crime on the victim, the expenses incurred on prosecution as well as the paying capacity of the accused.

172. This Court is of the view that the summary inquiry be conducted by Delhi State Legal Services Authority (DSLSA) considering that DSLSA is conducting similar inquiry under the Delhi Victim Compensation Scheme, 2018 and is well conversant with the manner of conducting the inquiry.

173. After the conviction of the accused, the Trial Court shall direct the accused to file the affidavit of his assets and income in the format of Annexure-A within 10 days.

174. After the conviction of the accused, the Court shall also direct the State to disclose the expenses incurred on prosecution on affidavit along with the supporting documents within 30 days.

175. Upon receipt of the affidavit of the accused, the Trial Court shall immediately send the copy of the judgment and the affidavit of the accused in the format of Annexure-A and the documents filed with the affidavit to DSLSA.

176. Upon receipt of the judgment and the affidavit of the accused, DSLSA shall conduct a summary inquiry to compute the loss suffered by the victims and the paying capacity of the accused and shall submit the Victim Impact Report containing their recommendations to the Court within 30 days. Delhi State Legal Services Authority shall seek the necessary assistance in conducting the inquiry from SDM concerned, SHO concerned and/or prosecution who shall provide the necessary assistance upon being requested.

177. The Trial Court shall thereafter consider the Victim Impact Report of the DSLSA with respect to the impact of crime on the victims, paying capacity of the accused and expenditure incurred on the prosecution; and after hearing the parties including the victims of crime, the Court shall award the compensation to the victim(s) and cost of prosecution to the State, if the accused has the capacity to pay the same. The Court shall direct the accused to deposit the compensation with DSLSA whereupon DSLSA shall disburse the amount to the victims according to their Scheme.

178. If the accused does not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate for rehabilitation of the victim, the Court shall invoke Section 357A CrPC to recommend the case to the Delhi State Legal Services Authority for award of compensation from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018.

179. In pending appeals/revisions against the order on sentence in which Section 357 CrPC has not been complied with, the Public Prosecutor shall file an application seeking a direction from the Court for directing the accused to file his affidavit of assets and income in the format of Annexure-A and directions to DSLSA to conduct a summary inquiry to ascertain the loss/damage suffered by the victim(s) and the paying capacity of the accused in the format of Annexures-B/B-1 in terms of Sections 357(4) CrPC in accordance with procedure mentioned hereinabove.

180. All the Courts below shall send a monthly statement to the Registrar General of this Court containing the list of cases decided each month. The list shall contain the name and particulars of the case; date of conviction; whether affidavit of assets and income has been filed by the accused; whether summary inquiry has been conducted to assess the compensation and determine the paying capacity of the accused; and compensation amount awarded. The monthly statement shall also contain one page summary format of the above information. 

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 27th November, 2020

 CRL.A. 352/2020

  KARAN  Vs STATE NCT OF DELHI 

Coram: J.R. MIDHA, J. RAJNISH BHATNAGAR, J. BRIJESH SETHI, J. 

Author: J.R. MIDHA, J.

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Whether accused can seek setting aside the conviction if Session Judge has taken cognizance of the offence directly even though the case was not committed to it?

In State of M.P. v. Bhooraji and Ors. MANU/SC/0481/2001 : AIR 2001 SC 3372 wherein, taking aid of Section 465(1) of the Code, it has been opined that when a trial has been conducted by the court of competent jurisdiction and a conviction has been recorded on proper appreciation of evidence, the same cannot be erased or effaced merely on the ground that there had been no committal proceeding and cognizance was taken by the Special Court inasmuch as the same does not give rise to failure of justice.

45. In our considered opinion, because of the restricted role assigned to the Magistrate at the stage of commitment under the new Code, the non-compliance of the same and raising of any objection in that regard after conviction attracts the applicability of the principle of 'failure of justice' and the convict-Appellant becomes obliged in law to satisfy the appellate court that he has been prejudiced and deprived of a fair trial or there has been miscarriage of justice. The concept of fair trial and the conception of miscarriage of justice are not in the realm of abstraction. They do not operate in a vacuum. They are to be concretely established on the bedrock of facts and not to be deduced from procedural lapse or an interdict like commitment as enshrined under Section 193 of the Code for taking cognizance under the Act. It should be a manifestation of reflectible and visible reality but not a routine matter which has roots in appearance sans any reality. Tested on the aforesaid premised reasons, it is well nigh impossible to conceive of any failure of justice or causation of prejudice or miscarriage of justice on such non-compliance. It would be totally inapposite and inappropriate to hold that such non-compliance vitiates the trial.

50. In the case at hand, as is perceivable, no objection was raised at the time of framing of charge or any other relevant time but only propounded after conviction. Under these circumstances, the right of the collective as well as the right of the victim springs to the forefront and then it becomes obligatory on the part of the accused to satisfy the court that there has been failure of justice or prejudice has been caused to him. Unless the same is established, setting aside of conviction as a natural corollary or direction for retrial as the third step of the syllogism solely on the said foundation would be an anathema to justice.  A direction for retrial is to put the clock back and it would be a travesty of justice to so direct if the trial really has not been unfair and there has been no miscarriage of justice or failure of justice.

51. We may state without any fear of contradiction that if the failure of justice is not bestowed its due signification in a case of the present nature, every procedural lapse or interdict would be given a privileged place on the pulpit. It would, with unnecessary interpretative dynamism, have the effect potentiality to cause a dent in the criminal justice delivery system and eventually, justice would become illusory like a mirage. It is to be borne in mind that the Legislature deliberately obliterated certain rights conferred on the accused at the committal stage under the new Code. The intendment of the Legislature in the plainest sense is that every stage is not to be treated as vital and it is to be interpreted to subserve the substantive objects of the criminal trial.

52. Judged from these spectrums and analyzed on the aforesaid premises, we come to the irresistible conclusion that the objection relating to non-compliance of Section 193 of the Code, which eventually has resulted in directly entertaining and taking cognizance by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, does not vitiate the trial and on the said ground alone, the conviction cannot be set aside or there cannot be a direction of retrial and, therefore, the decision rendered in Bhooraji (supra) lays down the correct law inasmuch as there is no failure of justice or no prejudice is caused to the accused.

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 223 and 458 of 2008

Decided On: 17.02.2012

 Rattiram  Vs. State of M.P. through Inspector of Police

Hon'ble Judges/Coram:

Dalveer Bhandari, T.S. Thakur and Dipak Misra, JJ.

Dipak Misra, J.

Citation:(2012) 4 SCC 516,MANU/SC/0125/2012

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How to balance right of accused to have fair trial with right of victim while deciding application for recall of witness?

Neither the
accused nor the prosecution nor the victim which is a part of
the society can claim absolute predominance over the other.
Once absolute predominance is recognized, it will have the
effect potentiality to bring in an anarchical disorder in the
conducting of trial defying established legal norm. There
should be passion for doing justice but it must be commanded
by reasons and not propelled by any kind of vague instigation.
It would be dependent on the fact situation; established norms
and recognized principles and eventual appreciation of thefactual scenario in entirety. 
Simultaneously the concept of fair trial
cannot be allowed to such an extent so that the systemic order
of conducting a trial in accordance with CrPC or other
enactments get mortgaged to the whims and fancies of the
defence or the prosecution. The command of the Code cannot be thrown to winds. In such situation, as has been laid down
in many an authority, the courts have significantly an eminent
role. A plea of fairness cannot be utilized to build Castles in
Spain or permitted to perceive a bright moon in a sunny
afternoon. It cannot be acquiesced to create an organic
disorder in the system. It cannot be acceded to manure a fertile
mind to usher in the nemesis of the concept of trial as such.
 The power under Section 311 CrPC must
therefore, be invoked by the court only in order to
meet the ends of justice for strong and valid
reasons and the same must be exercised with
care, caution and circumspection. The court
should bear in mind that fair trial entails the
interest of the accused, the victim and the society
and, therefore, the grant of fair and proper
opportunities to the persons concerned, must be
ensured being a constitutional goal, as well as a
human right.”
[Emphasis supplied]
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 805-806 OF 2016
(@ S.L.P. (Crl.) Nos. 3278-79 of 2016)
State of Haryana 
 V
Ram Mehar & Others Etc.
Citation:AIR 2016 SC 3942,(2016) 8 SCC762

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Rights of accused to recall witness Vs rights of victim and witness

18.Section 311 Cr.P.C. is in two parts. It's 1st part is discretionary in
nature. However, its second part is mandatory in nature. If the Court finds
that it is just and necessary that the evidence have to be produced before
the Court then it has to be done. It may be also through the cross-
examination of witness, also has been already examined in chief.

19.A Court cannot forget victims of crime, the duty of the State and the
interest of the State to prosecute the offenders. The victims have suffered
already at the hands of the accused. Their agony prolongs during the trial
also. Harassing of witnesses under the pretext of cross examination has
become order of the day. In certain circumstances, during the trial,
practically victims suffers more than the accused. When the victims/witnesses
attend the Court they must be treated as guest, as they have come to assist
the Court to render correct finding on a disputed facts. Making the witnesses
to wait till the close of the day and asking them to come on some other day
for their examination has become a routine ordeal in the trial Courts.
Sometimes, the accused employ some tricks to dilute or efface the evidence
already recorded, either by bargaining or browbeating the witnesses. In one
way or other the witnesses are being gained over. Major gain is to the
accused. Net result is failure of justice and collapsing of the trial.

20.In this scenario, in VINOD KUMAR (supra) the Hon'ble Supreme Court 
expressed its anguish on this appalling situation prevailing in the trial
Courts and advised them to discourage indiscriminate and indefinite deferring
of the cross examination of the witnesses and also adjourning of the cases
for no reason or for flimsy reasons. But, in VINOD KUMAR (supra) the Hon'ble
Supreme Court did not say never recall any witness for his cross examination,
whatever might be the reason. Referring to Section 309 Cr.P.C. the Hon'ble
Supreme Court, advised the trial Courts to avoid unnecessary adjournments and
try to finish the cross-examination of the witnesses on the same day or
atleast on the next day. Thus VINOD KUMAR (supra) cannot be used to turn the 
table even when there is a genuine case for recalling the witnesses for
cross-examination.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 22.08.2016  

CORAM   
THE HONOURABLE DR.JUSTICE P.DEVADASS            

Crl.O.P.(MD) Nos.14889 of 2016 and 15234 of 2016  

Vincent                                            ... Petitioner/A1 in
Crl.O.P.(MD) No.                                                                                14889 
of 2016
Sikanthar Mohideen                                 ... Petitioner/A2 in
Crl.O.P.(MD) No.                                                                                15234 
of 2016

-vs-


The State represented by
The Inspector of Police,

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Madras HC: To participate in a criminal proceeding one need not be a victim alone.

Definition of Victim:

53.To participate in a criminal proceeding one need not be a victim alone. The word 'victim' will have to be given a wider interpretation to mean not only the victim but any one who is associated or assisting the victim or who sets the criminal law into motion or even in a given case a third party with Public interest. In a case where the Victim is no more it cannot be said no application can be filed by any body seeking to invoke the proviso to Section 24(8) of the Code of Criminal Procedure. Moreover when a victim is not capable of prosecuting a case then he has to be represented by another person. Lord Denning, in the notable case of the Attorney-General of the Gambia v. Pierra Sarr N' Fie, spoke thus

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Leading Supreme Court Judgment on Meaning of reparation to victim of crime

In our efforts to look after and protect the human rights of the convict we cannot forget the victim or his family in case of his death or who is otherwise incapacitated to earn his livelihood because of criminal act of the convict. The victim is certainly entitled to reparation, restitution and safeguards of his rights. Criminal justice would look hollow if justice is not done to the victim of the crime. Subject of victimology is gaining ground while we are also concerned with the rights of the prisoners and prison reforrms. A victim of crime cannot be a 'forgotten man' in the criminal justice system. It is he who has suffered the most. His family is ruined particularly in case of death and other bodily injury. This is apart from the factors like loss of reputation, humiliattion, etc. An honourr which is lost or life which is snuffed out cannot be recompensed but then monetary compensation will at least provide some solace. Black's Law Dictionary defines "reparation" as "payment for an injury or damage, redress for a wrong done. Several states have adopted the Uniform Crime Victims Reparation Act. Certain federal statutes also provide for reparation for violation of Act; e.g. persons suffering lossed because of violations of Commodity Futures Trading Act may seek reparation under the Act against violator; Payment made by one country to another for damages during was". Reparation is taken to mean the making of amends by an offender to his victim, or to victims of crime generally, and may take the form of compensation, the performance of some service or the return of stolen property (restitution), these being types of reparation which might be described as practical or material. The term can also be used to describe more intangible outcomes, as where an offender makes an apology to a victim and provides some reassurance that the offence will not be repeated, thus repairing the psychological harm suffered by the victim as a result of the crime.

Supreme Court of India

State Of Gujarat And Another vs Hon'Ble High Court Of Gujarat on 24 September, 1998

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