Observing that trial courts are delivering justice more oriented towards the rights of accused persons and the same is not in letter and spirit of the law that provides compensation to victims of crime, the High Court of Karnataka has issued guidelines to trial courts and public prosecutors in the State to ensure appropriate assessment and payment of compensation to victims.
The High Court said that the trial courts should order payment of compensation proportionate to the gravity of the offence, while keeping in mind the nature of injuries, amount spent for treatment or rehabilitation of victims, besides issuing directions for payment of interim compensation and rehabilitation to victims of crime.
A Division Bench comprising Justice Ravi Malimath and Justice H.P. Sandesh issued the direction on a plea related to a 20-year-old case in which a magistrate court imposed fine of only ₹1,000 while convicting two persons for causing grievous injuries to a victim using a weapon. Though the Bench confirmed the conviction of the accused persons while setting aside the sessions court’s order of acquittal, it found that the magistrate court had ordered payment of only a meagre amount to the victim.
The Bench said that the trial court, while sentencing the accused, should find out whether they are capable of paying appropriate compensation. If the accused are not in a position to pay the assessed compensation, then such matters should be referred to the respective district legal services authorities for payment of compensation using the victims compensation fund created by the State government.
Pointing out that the trial court should not only keep in mind the rights of accused or criminals but also the rights of victims and the society at large while imposing punishments, the Bench said the courts should make endeavour to provide victim-oriented justice and the same can be done only if appropriate compensation is awarded to the victim as per Sections 357 and 357 A of the Code of Criminal Procedure.
The High Court said it is the responsibility of the public prosecutors to make necessary applications before the trial courts seeking directions for ordering interim arrangement of rehabilitation of victims and to request the trial courts to impose appropriate fine on convicts and award appropriate compensation to victims of crime.