The Procedural Law And Criminal Justice - 2979 Words

In its quest for a just and fair trial of an accused, CJS in India not only guarantees certain safeguards to, and confers a set of rights — constitutional and statutory - on an accused but also rigorously implements, with utmost zeal for reformation and re-socialisation of offenders, its penal system. However, it does not exhibit its equal concern to victims of crime when it comes to re-compensating them for the loss incurred or physical, mental or emotional `injury sustained by them. There is neither a comprehensive legislation nor a well-designed statutory scheme or a policy statement in India either allowing a crime victim to seek compensation from offender and/or State or to participate. as a matter of right, in the CJDS and†¦show more content†¦3.1.1 Compensating victims of crime: Existing legislative spirit and scheme A careful glance at the Code of Criminal Procedure, 1973 (CrPC), reveals a legislative scheme, though fragmentary, for compensating victims of crime. It, by virtue of provisions of Sections 357, 421 and 431 contained therein, empowers a criminal court, at its discretion, to award compensation to a victim of crime as well as to recover it and pay it to him. The Probation of Offenders Act, 1958 (POA), by virtue of provisions contained in its Section 5, also enables a trial court, though at its discretion, to compensate a person for loss or injury caused to him by commission of the offence and costs of the proceedings. In other words, the victim compensatory legislative scheme in India is, thus, constituted by the provisions of Sections 357, 421 and 431 of the CrPC and of Section 5 of the POA. 3.1.1.1. The Code of Criminal Procedure, 1973 Section 357, CrPC, empowers a criminal court imposing a sentence of fine or a sentence (including a sentence of death) of which fine forms a part at in its discretion inter alia, to order payment of compensation, out of the fine recovered, to a person for any loss or injury caused to him by the offence. Sub-section (1) of Section 357 empowers a criminal Court to appropriate the whole or any portion of the fine recovered for the