38.6c New Delhi, India, Friday, November 22, 2024
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Victim compensation under CrPC can't be ground to reduce sentence: SC [Read Order]

By Jhanak Singh      16 May, 2024 01:00 PM      0 Comments
Victim compensation under CrPC cant be ground to reduce sentence SC

NEW DELHI: The Supreme Court has said payment of compensation to the victim in a criminal case stood on a completely different footing and it cannot be a ground to reduce the sentence of the accused.

A bench of Justices J B Pardiwala and Manoj Misra said the idea of victim compensation is based on the theory of victimology which recognises the harsh reality that 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 bench said.

The victim compensation is based on a premise that mere punishment of the offender may not give solace to the aggrieved person or their family, the court said.

Appellant Rajendra Bhagwanji Umraniya questioned correctness of the Gujarat High Court's judgment, which reduced five years sentence imposed upon two men to four years jail in a case related to causing grievous hurt and other offence. The High Court also said the convicts need not undergo even the four years of sentence, if they paid Rs 2.50 lakh to the victim.

In his submission, the complainant-appellant contended what the HC did in the case was impermissible in law.

However, noting that 12 years has elapsed since the incident and the convicts have already deposited Rs 5 lakh, the bench said, "We are not inclined to direct them to undergo further sentence of four years".

The court directed them to deposit a further sum of Rs 5 lakh each within eight weeks, thus, a total sum of Rs 15 lakh would be paid to the victim.

In its order, dealing with the victim compensation under Section 357 Criminal Procedure Code, the apex court said it is not a punitive measure but only restitutory in nature and thus, has no bearing with the prison term.

The provision of Section 357 CrPC is victim centric in nature, which has nothing to do with the convict or the sentence passed, the court said.

"If payment of compensation becomes a consideration for reducing sentence, then the same will have a catastrophic effect on the criminal justice administration. It will result in criminals with a purse full of money to buy their way out of justice, defeating the very purpose of criminal proceedings," the bench said.

When deciding the compensation for victim, the only factor that the court may take into consideration is the convicts capacity to pay and not the sentence that has been imposed, it said.

"In criminal proceedings the courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and / or fine are imposed independently of any victim compensation and thus, the two stand on a completely different footing, either of them cannot vary the other," the bench said.

[Read Order]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

TRENDING NEWS

patiala-house-court-orders-attachment-of-bikaner-house-over-rs-50-lakh-dispute
Trending Judiciary
Patiala House Court Orders Attachment of Bikaner House Over Rs 50 Lakh Dispute

Patiala House Court orders Bikaner House attachment in a Rs 50L dispute, while Himachal Bhawan faces auction over a Rs 150Cr hydropower recovery case.

21 November, 2024 12:19 PM
consensual-relationship-or-breakup-cant-be-given-colour-of-criminality-sc
Trending Judiciary
Consensual relationship or breakup can't be given colour of criminality: SC [Read Judgment]

Consensual relationship or breakup can’t be termed criminal: SC quashes 2019 FIR, stating consensual relations don’t warrant prosecution for rape or intimidation.

21 November, 2024 12:25 PM

TOP STORIES

sc-to-president-decide-death-row-convict-balwant-singhs-mercy-plea-in-2-weeks-or-court-will-intervene
Trending Judiciary
SC to President: Decide death row convict Balwant Singh’s mercy plea in 2 weeks or court will intervene

SC directs President to decide death row convict Balwant Singh Rajoana’s mercy plea in 2 weeks, warns of intervention if delay persists. Hearing on Dec 5.

18 November, 2024 01:11 PM
high-courts-must-ensure-genuineness-of-settlement-before-quashing-proceedings-sc
Trending Judiciary
High Courts must ensure genuineness of settlement before quashing proceedings: SC [Read Judgment]

SC mandates High Courts to verify the genuineness of settlements in serious offences like rape before quashing cases, ensuring justice and transparency.

18 November, 2024 01:49 PM
supreme-court-enforces-grap-4-measures-to-combat-delhis-severe-air-pollution-warns-against-relaxation
Trending Judiciary
Supreme Court enforces GRAP-4 measures to combat Delhi’s severe air pollution, warns against relaxation [Read Order]

Supreme Court enforces GRAP-4 measures in Delhi-NCR as air quality worsens, mandates strict action on pollution and stubble burning for immediate relief.

19 November, 2024 10:26 AM
cji-sanjiv-khanna-recuses-from-delhi-ridge-tree-felling-case-supreme-court-seeks-tree-restoration-updates
Trending Judiciary
CJI Sanjiv Khanna recuses from Delhi Ridge Tree Felling Case, Supreme Court seeks tree restoration updates

CJI Sanjiv Khanna recuses from Delhi Ridge tree felling case citing prior involvement; Supreme Court seeks updates on restoration and monitoring measures.

19 November, 2024 10:58 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email