by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
The Indian <strong>Police</strong> JournalIn SAHELI v. Commissioner <strong>of</strong> <strong>Police</strong>, Delhi 21 , the Supreme Courtdirected the Delhi Administration to pay Rs. 75,000/- as exemplarycompensation to the mother <strong>of</strong> a nine-year-old boy, who died due toregarding an <strong>of</strong>fence.In Delhi Democratic Working Women Forum v. Union <strong>of</strong> India 22 ,seven Military jawans raped six village girls, who were travellingin the train. The court directed the Central Government to pay Rs.10,000/- to each victim as compensation <strong>and</strong> their names <strong>and</strong> identitybe kept secret to save them from social stigma. The Apex Court alsoschemes for such victims <strong>and</strong> expressed the necessity <strong>of</strong> setting up<strong>of</strong> a Criminal Injuries Compensation Board, which should decide thequantum <strong>of</strong> compensation to be paid to victims <strong>of</strong> rape after taking intoconsideration the pain, suffering <strong>and</strong> shock as well as loss <strong>of</strong> earningsdue to pregnancy <strong>and</strong> the expenses <strong>of</strong> childbirth, if caused as a result<strong>of</strong> rape.Malimath Committee Report on Criminal Justice System inIndiaThe Government <strong>of</strong> India had appointed Malimath Committee in2004, to report on <strong>Police</strong> <strong>and</strong> Criminal Justice System under Dr. V.S.Malimath, former Chief Justice <strong>of</strong> Karnataka & Kerala High Court.The Committee made a detailed analysis <strong>of</strong> Indian Criminal JusticeSystem <strong>and</strong> gave recommendations on fundamental principles <strong>of</strong>justice, investigation, prosecution <strong>and</strong> functioning <strong>of</strong> the Judiciary. TheCommittee recognized that at present, the victims <strong>of</strong> crime do not getthe legal rights <strong>and</strong> protection they deserve, which tends to result intheir disinterestedness in the trial proceedings, as a result <strong>of</strong> which theCriminal Justice System is distorted. The Committee noted that unlessjustice to victim is put as one <strong>of</strong> the focal points <strong>of</strong> criminal proceedings,the system is unlikely to restore the balance as a fair procedure in thepursuit <strong>of</strong> truth. Justice Malimath pointed out that the UN System alsowanted Member-Countries to guarantee compensatory rights to thevictims <strong>of</strong> crime through their respective legal systems.Compensation to Victims <strong>of</strong> Crime in other CountriesThe Criminal Law jurisdictions <strong>of</strong> the continental countries havemostly recognized two types <strong>of</strong> rights for victims <strong>of</strong> crime, namely, the52 January - March, 2013
Change language