Who all can be considered victims of crime, are victims only those who have suffered some physical injury at the hands of the offender as a direct result of crime? Or does it also include those falsely accused of rape or those who were wrongly arrested?
The question was raised by a Delhi court presided by Additional Sessions Judge Dr. Kamini Lau, who was hearing a rape case where the man accused of the crime had told the court that the victim had implicated many others in similar cases. The man was granted bail by the court.
“I may observe that, in so far the meaning of the term ‘victim of crime is concerned, the Indian Legislature does not define the term under any law...” the court said.
United Nations’ declarationsPlacing reliance on the United Nations General Assembly Declaration of Basic Principles of Justice for Victim and Abuse of Power adopted in November 1985, Dr. Lau said it would include persons who are victims of false accusations and those who have suffered incarceration on account of the same, since wrongly being arrested on false accusation is an offence under the Indian Penal Code.
Question of compensationThe court also dealt with grant of compensation to the victims who have suffered incarceration due to false accusations.
It also emphasised that it becomes an obligation for the Court to ensure that there is no abuse and misuse of the Special Laws relating to women and to deal with such cases in a realistic manner and with the sensitivity which they deserve otherwise the common man may lose faith in the judiciary itself, which will be a sad day.
Checklist and safeguardsDr. Lau also said, “There has to be some checklist and safeguards devised to prevent such an abuse of Special Legislation in favour of women.”
The ASJ welcomed the suggestion of the Deputy Commissioner of Police (Outer) that one of the safeguards in such cases where there exists a history of civil and other disputes and repeated complaints where allegations involve offence against women, then as a matter of abundant caution, the arrest of the accused should be after application of mind by the senior officers.
The court, here, added that this did not mean offenders would be given undue advantage, and that it should only be a rule of caution.