Section 357A CrPC: Compensation has to be paid to victims even for crimes committed prior to amendment introduced in 2009 [Read the Order]

May 16, 2019:

Delhi High Court has directed payment of compensation from the victim compensation fund scheme even for the offence which was committed in the year 2000.

A bench of Justice Kohli and Justice Goel has passed the order in the case titled as TIRATH SINGH YADAV vs STATE on 14.05.2019.

The son of the deceased, namely, Raju Yadav used to stay with his father at the dairy farm and was prone to waste a lot of water from the tubewell. A-1 and A-2 used to object to the deceased’s son wasting the water.

This caused an altercation one day which led the accused persons threatening the deceased that they would kill him if his son continued to cause such wastage. on the intervening night of 21/22.06.2000, the deceased was murdered by A-1 and A-2 which was witnessed by two employees of the said dairy farm, Moti Lal (PW-16) and Sukhlal Yadav (PW-6). One Mr. Satish, driver of the Tata Tempo 407 (PW-5), who came at the spot to load buffalos on that night, found the deceased lying unconscious and informed the owner Raju Kalra.

The dairy owner and his brother came there and informed the police pursuant to which a PCR van reached the spot. The deceased was taken to Safdarjung Hospital where he was declared ‘brought dead’.

In Session Case No.100/2000 (1/2003) vide FIR No.371/2000, Police Station Vasant Kunj, both accused were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’) and sentenced to undergo life imprisonment and pay a fine of Rs.1,000/- each and in default, to undergo simple imprisonment for a period of two months. Accused persons challenged the conviction before the High Court.

The High Court after an elaborate consideration came to the conclusion that accused persons were not guilty. We will cover this scenario of the judgment in some other report, presently it would  be sufficient to note the verdict of High Court which runs as "Given the aforesaid facts and circumstances of the case, both the appellants are entitled to benefit of doubt. Both the appeals are accordingly allowed and the impugned judgment dated 20.03.2004 and the order on sentence dated 29.03.2004 are hereby set aside. Consequently, both the appellants are acquitted of the offences under Section 302 read with Section 34 IPC".

After acquittal, the High Court did not forget the victim of the crime though the offence took place in the year 2000 at which time there was no victim compensation scheme as Section 357A was not introduced then.

High Court directed "The court further finds that the trial Court has not awarded any compensation to the legal representatives of the deceased under Section 357 of Cr.P.C. Meanwhile Section 357A Cr.P.C. has been incorporated w.e.f. 31.12.2009 and pursuant thereto, the Government of NCT of Delhi has framed the Victim Compensation Scheme. 

Therefore, we direct the Delhi State Legal Services Authority (‘DSLSA’) in terms of Section 357A (5) Cr.PC, to forthwith undertake an inquiry and within two months award and ensure disbursal of appropriate compensation to the family of the victim in terms thereof. For this purpose, a certified copy of this judgment shall be delivered forthwith to the Secretary, DSLSA with a further direction to submit a compliance report to this Court within three months from the date of receipt of the certified copy of this judgment".

It is clear that it is immaterial as to when the offence was committed or as to when the conviction or acquittal is pronounced. Victim will have to be paid compensation from the Scheme prepared under Section 357A of the CrPC.

Read the Order here:

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