Breaking- Section 357A(4) Cr.P.C is A Substantive Provision;
Victims Entitled To Compensation Even For Crimes that Occurred Prior to Its Enactment: Kerala High Court
In a landmark Judgment the Kerala High Court last week held that the provisions in Section 357A(1)(4)&(5) Cr.P.C are substantive in character and 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 thof the said provision.” Importantly, the Bench of Justice Bechu Kurian Thomas ruled, “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.”
[NOTE: The Code of Criminal Procedure Amendment Act, 2008, apart from introducing a definition for the term ‘victim’ in Section 2(wa), inserted a new provision as Section 357A to the Cr.P.C and this provision is related to concept of rehabilitation of the victim.
While the compensation payable under Section 357 Cr.P.C. is punitive in nature, the compensation awarded under Section 357A is rehabilitative.
The amended provisions do not mention anywhere that the amendment is prospective or even retrospective in character.]
The question before the Court:
Would the victim, of a crime that occurred prior to 31.12.2009, be entitled to claim compensation under Section 357A (4) of the Cr. P.C i.e., is the provision retrospective or prospective in its application?
In the quest to ascertain whether Section 357A(4) Cr.P.C applies to offences that occurred prior to 31.12.2009, the Court had to identify whether the the provision is substantive or procedural (we will under this in the coming paragraphs).
Section 357A(4) Cr.P.C reads,
Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
Pl read the full story the bellow link: https://www.livelaw.in/top-stories/victims-entitled-to-compensation-before-section-357a4-crpc-is-substantive-provision-kerala-high-court-167722
