From: LAW RESOURCE INDIA <no-r...@wordpress.com>
Subject: [Blog post] CrPC AMMENDMENTS 2008 TO BE NOTIFIED
To: loken...@yahoo.co.in
Date: Thursday, 31 December, 2009, 10:10 AM
THE CAMPAIGN FOR CHANGES IN LAW FOR PROTECTION OF VICTIMS GOT A HUGE WIN WHEN CENTRAL GOVERNMENT DECIDED TO NOTIFY THE CrPC AMMENDMENTS
WHICH RECEIVED THE PRESIDENTIAL SIGNATURE LAST YEAR IN JANUARY 2008.
THIS THE CENTRAL GOVERNMENT WAS FORCED TO DO DUE TO THE SERIOUS LAPSES
IN RUCHIKA CASE. THE MEDIA NEED TO BE LAUDED AND PRAISED FOR RAISING
THESE LAPSES AND CREATING A NATIONAL CAMPAIGN. THE SHAKTI VAHINI TEAM ALONG WITH NATIONAL NETWORK OF LAWYERS FOR RIGHTS AND JUSTICE AND MEMBERS OF THE NATIONAL MEDIA COALITION WERE ONE OF THE FIRST GROUPS TO HIT THE STREET AND SUPPORT THE JUSTICE FOR RUCHIKA CAMPAIGN.
SHAKTI VAHINI ,NATIONAL MEDIA COALITION ,
NATIONAL NETWORK OF LAWYERS FOR RIGHTS AND JUSTICE HIT THE STREET AT
JANTAR MANTAR TO SUPPORT THE JUSTICE FOR RUCHIKA CAMPAIGN. THE NATION
WAS ANGRY AND CIVIL SOCIETY PROTESTED ACROSS THE COUNTRY. THE MEDIA
TOOK THE CAMPAIGN IN A BIG WAY AND IN THIS TOGETHER EVERY ONE ENSURED
THAT VICTIM PROTECTION AMENDMENTS WERE NOTIFIED.
AS ACTIVIST FIGHTING FOR CHANGES IN LAW
FOR PROTECTION OF VICTIMS THIS HAS BEEN A LONG STANDING DEMAND AND THE
GOVT BY ACCEPTING THESE AND BY NOTIFYING THE AMENDMENTS HAVE LAID DOWN
THE ROAD FOR VICTIM CENTRIC JURISPRUDENCE IN WHICH THE CAUSE OF VICTIMS
WILL BE IMPORTANT INGREDIENT .
THE NEXT FIGHT FOR WE ACTIVISTS
AND CAMPAIGNERS WILL BE TO GET THE COMPENSATION PART OF THIS AMMENDMENT
IMPLEMENTED IN SPIRIT . ONCE PROVIDING COMPENSATION BECOMES A STATE
LIABILITY THERE IS NO DOUBT THAT STATE WILL TAKE STRONG STEPS TO REDUCE
SUCH CRIMES.
THIS WIN SHOULD BE DEDICATED TO THE THOUSANDS OF VICTIMS WHO HAVE SILENTLY SUFFERED DUE TO THE LAPSES IN THE LAW.
THE IMPORTANT PROVISIONS WHICH HAVE BEEN NOTIFIED ARE :
Definition of a Victim:
In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:—‘(wa) “victim”
means a person who has suffered any loss or injury caused by reason of
the act or omission for which the accused person has been charged and
the expression "victim" includes his or her guardian or legal heir;’
Victim Can engage Advocate to support and help the Prosecution
In section 24 of the principal Act, in sub-section (8),
the following proviso shall be inserted, namely:— “Provided that the
Court may permit the victim to engage an advocate of his choice to
assist the prosecution under this sub-section.”
Statement of the Victim to be done in a safe place or a place of her choice and by a women police officer
In section 157 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—
“Provided further that in relation
to an offence of rape, the recording of statement of the victim shall
be conducted at the residence of the victim or in the place of her
choice and as far as practicable by a woman police officer in the
presence of her parents or guardian or near relatives or social worker
of the locality.’’.
Use of Audio Video for Statements
In section 161 of the principal Act, in sub-section (3), the following provisos shall be inserted, namely:—
‘‘Provided that statement made under this sub-section may also be recorded by audiovideo electronic means.’’.
Use of Audio Video for Confession/Statement
In section 164 of the principal Act, in sub-section (1), for the proviso, the
following provisos shall be substituted, namely:—
“Provided that any confession or
statement made under this sub-section may also be recorded by
audio-video electronic means in the presence of the advocate of the
person accused of an offence:
Provided further that no
confession shall be recorded by a police officer on whom any power of a
Magistrate has been conferred under any law for the time being in
force.”
Investigations of Child Sex Abuse to be done in time bound
In section 173 of the principal Act,—
(a) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) The investigation in
relation to rape of a child may be completed within three months from
the date on which the information was recorded by the officer in charge
of the police station.”;
b) in sub-section (2), after clause (g), the following clause shall be inserted, namely:—
“(h) whether the report of
medical examination of the woman has been attached where investigation
relates to an offence under sections 376, 376A, 376B, 376C or 376D of
the Indian Penal Code.”.
Witness Can Be Done By Using Electronic Means
In section 275 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:—
“Provided that evidence of a
witness under this sub-section may also be recorded by audio-video
electronic means in the presence of the advocate of the person accused
of the offence.”.
In Camera Trials and identity protection
In section 327 of the principle Act,—
(a) in sub-section (2), after the proviso, the following proviso shall be inserted, namely:—
"Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.";
(b) in sub-section (3), the following proviso shall be inserted, namely:—
"Provided that the ban on printing
or publication of trial proceedings in relation to an offence of rape
may be lifted, subject to maintaining confidentiality of name and
address of the parties.".
Victim Compensation
After section 357 of the principal Act, the following section shall be inserted, namely:—
"357A.
(1) Every State Government
in co-ordination with the Central Government shall prepare a scheme for
providing funds for the purpose of compensation to the victim or his
dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation.
(2) Whenever a
recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, as the
case may be, shall decide the quantum of compensation to be awarded
under the scheme referred to in sub-section (1).
(3) If the trial Court, at
the conclusion of the trial, is satisfied, that the compensation
awarded under section 357 is not adequate for such rehabilitation, or
where the cases end in acquittal or discharge and the victim has to be
rehabilitated, it may make recommendation for compensation.
(4) Where the offender is
not traced or identified, but the victim is identified, and where no
trial takes place, the victim or his dependents may make an application
to the State or the District Legal Services Authority for award of
compensation.
(5) On receipt of such recommendations or on the application under sub-section
(4), the State or the
District Legal Services Authority shall, after due enquiry award
adequate compensation by completing the enquiry within two months.
(6) The State or the
District Legal Services Authority, as the case may be, to alleviate the
suffering of the victim, may order for immediate first-aid facility or
medical benefits to be made available free of cost on the certificate
of the police officer not below the rank of the officer in charge of
the police station or a Magistrate of the area concerned, or any other
interim relief as the appropriate authority deems fit."
Right to appeal for the Victim against the verdict of the Trial Court
In section 372 of the principal Act, the following proviso shall be inserted, namely:—
"Provided that the victim shall
have a right to prefer an appeal against any order passed by the Court
acquitting the accused or convicting for a lesser offence or imposing
inadequate compensation, and such appeal shall lie to the Court to
which an appeal ordinarily lies against the order of conviction of such
Court.".
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