Victims are forgotten people in justice delivery system: Delhi High Court directs filing of income affidavit of convict, Victim Impact Report

In a significant development, the Delhi High Court has directed that after conviction, convicts shall file an affidavit disclosing their assets, income and expenditure to enable the trial courts to arrive at the compensation payable to victims..Following the affidavit, a Victim Impact Report (VIR) shall be filed by Delhi State Legal Services Authority (DSLSA) in every criminal case after a summary inquiry, the Court has said. .Thereafter, the trial court concerned shall consider the Victim Impact Report, the paying capacity of the accused, expenditure incurred on the prosecution and the submissions of the parties to award the compensation to the victim(s) as well as the cost of prosecution to the State. .The Court has consequently held that the word "may" in Section 357(3) CrPC on payment of compensation to victims means "shall" and therefore, Section 357 CrPC is mandatory.."Section 357 CrPC confers a duty on the Court to apply its mind on the question of compensation in every criminal case.", it is said. .The order was passed by a Full Bench of the High Court comprising Justices JR Midha, Rajnish Bhatnagar and Brijesh Sethi in a batch of appeals concerning a conviction under Section 302/34 IPC. .As per the Court’s direction, the amount so decided shall directly be deposited by the convict with DSLSA, which will disburse it to the victims according to their scheme. .If the accused does not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate, the Court has clarified that DSLSA shall award compensation under Section 357A CrPC, from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018..The Court has also provided that in pending appeals/revisions in which Section 357 CrPC for payment of compensation has not been complied with, the Public Prosecutor shall file an application for the compliance of the procedure laid down by it. .In its 133-page judgement, the bench stressed on the impact of crime on the victims and observed, ."Victims are unfortunately the forgotten people in the criminal justice delivery system..The criminal justice system is meant for doing justice to all - the accused, the society and the victim. Justice remains incomplete without adequate compensation to the victim. Justice can be complete only when the victim is also compensated.".The Court has stated that Section 357 CrPC is intended to reassure the victim that he/she is not forgotten in the criminal justice system..It is also said that the power under Section 357 CrPC is to be exercised liberally to meet the ends of justice in a better way. .To ensure compliance of its order, the Court has directed that a monthly statement shall be sent by the trial courts to the Registrar General, Delhi High Court. .The format of the affidavit to be submitted by the convict and the Victim Impact Report is annexed with the judgment..The Court has desired that the same be incorporated in the statue/Rules..The Court also held that the High Court has both judicial and administrative power to regulate administration of justice, as well as the appointment, posting, promotion and transfer of the judicial officers..Read the judgement: