Open AccessA Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims
Publication year - 2021
Publication title -
international journal of interdisciplinary and multidisciplinary research
Language(s) - English
Resource type - Journals
ISSN - 2456-4567
DOI - 10.54121/2021/09/1499
Subject(s) - compensation (psychology) , law , statute , section (typography) , political science , state (computer science) , criminal procedure , economic justice , jurisprudence , business , computer science , psychology , algorithm , advertising , psychoanalysis
It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.