This Article is written by Tia Sachdeva & this article discuss the concept of Verdicts, Redemption, Compensation: Unveiling India’s Legal Odyssey.
Judgement, post-conviction, victim compensation
TABLE OF CONTENTS
Introduction
- Judgement
- Definition of Judgement
- Definition of Judgement under CRPC
- Post conviction
- Definition of post-conviction
- Definition of post-conviction under CRPC
- Process of post-conviction
- Victim compensation and costs
- Definition and importance
- Important facets of victim compensation
- Sections under crpc about victim compensation
Conclusion
- Citations/ References
INTRODUCTION
Indian law has a millennium-long history, influenced by British colonial rule as well as ancient writings like the Manusmriti. A democratic legal framework was established in 1950 with the enactment of the Indian Constitution, following independence. The legal fabric of the country has been influenced by significant cases, legislative changes, and developing jurisprudence, which together represent the country’s dedication to justice and social growth.
In this investigation, we examine the complex factors that influence the course of those involved in the aftermath of a court decision. Our goal is to analyze the post-conviction landscape’s intrinsic complexity, illuminating the legal nuances, difficulties, and possible reforms that shape the course of justice in the Indian setting. With a focus on post-conviction cases, this platform intends to be an all-inclusive resource for legal enthusiasts, practitioners, and anyone else looking for a deeper understanding of the changing dynamics inside the Indian court system. Come along as we break down the laws, procedures, and personal accounts that all add to the changing conversation in India about judgment and life after conviction.
WHAT IS JUDGEMENT?
A court’s official decision at the end of a legal proceeding is termed a “judgment.” It declares the court’s ruling on parties’ claims and rights, be it a criminal conviction, acquittal, or civil judgment. This crucial step, based on trial evidence, outlines responsibilities and legal consequences, shaping the case’s outcome. Judgement-related issues, especially those involving corruption, center on prejudices, bribes, and unethical influence. Corruption has the potential to undermine the fairness of court rulings and produce unfair results. Upholding the rule of law requires fair and transparent verdicts, and preserving public confidence in the legal system depends on fighting judicial system corruption.
JUDGEMENT DEFINED UNDER CRPC;
The definition of “judgment” in Indian legal terminology is provided by Section 2(9) of the Code of Criminal Procedure (CrPC). It includes declarations made in response to a court order or decree and decrees, orders, including final orders. A thorough decision that considers the trial’s facts, the evidence, and the arguments made by the parties. It provides a justification for the court’s choice, be it conviction, acquittal, or some other legal result. A written record of the court’s findings, conclusions, and any associated punishments or orders is what the judgment does in criminal cases.
POST CONVICTION:
The legal proceedings that follow a criminal conviction are referred to as “post-conviction” in India’s Code of Criminal Procedure (CrPC). After a guilty verdict, the legal procedure continues, giving the convicted person the opportunity to voice their complaints and challenge certain aspects of their conviction through certain remedies. These could include procedural flaws, fresh evidence findings, insufficient legal representation, or appeals. Unfair outcomes in the legal system are ensured by effective post-conviction measures, as demonstrated by injustices like false convictions.
THE CRPC’S POST-CONVICTION PROCESSES CONSIST OF:
1. Requests for appeals: To request a reexamination of the decision, the prosecution or the guilty party may appeal the result to a higher court. This makes it possible to reevaluate the case’s legal difficulties and supporting documentation.
2. Examine Requests: A guilty party may ask the court to reconsider its ruling by submitting a review petition. Usually, this is founded on things like factual inaccuracies or legal flaws that could have affected the verdict.
3. According to Section 397 of the CrPC, the High Court has the authority to make changes. It enables the court to assess whether any judgment, sentence, or order issued by a lower court was appropriate, proper, or lawful.
4. Supreme Court Criminal Appeals: In some situations, parties may file an appeal with the Supreme Court of India to have rulings from lower courts or High Courts further reviewed and maybe overturned.
Post-conviction procedures are essential for defending the accused’s rights and guaranteeing an equitable and just legal system. They emphasize the idea that justice should be done not just once, but also in a way that is visible to the public, and they offer a channel for errors to be corrected and fundamental rights to be protected. Moreover, even after such appeals it is impossible to determine whether fair trial was provided or not.
Victim compensation is the term used to describe monetary support or reparation given to someone who has been harmed, injured, or lost as a result of a crime or specific occurrences. The goal of this compensation, which is usually granted by the government or other appropriate authorities, is to assist victims in overcoming the financial, emotional, and physical fallout from the crime.
Costs are defined as monetary fines levied on parties to a court procedure under India’s Code of Criminal Procedure (CrPC). The court may order the accused to pay costs to the informant or the prosecutor to pay costs to the accused under Section 357. These expenditures might pay for things like court fees, witness costs, or other trial-related expenses. Costs are imposed to financially pay parties for their work during the legal process and to discourage needless litigation. Depending on the specific facts and circumstances of the case, the court has discretion in deciding how much to charge.
IMPORTANT FACETS OF VICTIM COMPENSATION AND COSTS:
1.Material Assistance: Money may be awarded to victims to pay a range of costs associated with the crime, including lost wages, counseling fees, burial expenses, medical bills, and property damage.
2. Policy Initiatives: Numerous nations have set up funds or programs for victim compensation administered by the government. These programs are intended to help victims who might experience financial difficulties due to a criminal incident.
3. Process of Application: Often, victims must go through a formal application process in order to request compensation. This could entail supplying proof of the offense, the costs paid, and any other pertinent data.
4. Criteria for Eligibility: There are a variety of requirements for victim compensation eligibility, but they usually entail the reporting party cooperating with law enforcement, reporting the incident as soon as possible, and sometimes limiting the kinds of offenses that are covered.
5. NGOs (Non-Governmental Organizations): Some non-profit groups and NGOs may provide aid to crime victims in addition to official initiatives. These groups might offer direct financial aid or support services.
6. Orders of Restitution: Courts have the authority to mandate that offenders make direct reparation payments to their victims as a condition of their sentencing. This reimbursement is not related to any payment made through government initiatives.
Recognizing and addressing the difficulties faced by crime victims is the main objective of victim compensation, as it aids in their healing and general wellbeing. It also acknowledges the obligation of society to aid people harmed by criminal activities. The availability and specifics of victim compensation might differ significantly throughout legal systems.
SECTIONS 357 AND 357A OF THE INDIAN CODE OF CRIMINAL PROCEDURE (CRPC):
Section 357 Compensation for Victims:
In addition to any fines imposed, the court may order offenders to compensate victims for suffering or loss suffered by the offense under Section 357 of the CrPC.
Section 357A of the Victim Compensation Scheme:
The victim compensation program is extended under Section 357A, which gives state governments the authority to create compensation schemes.
District Legal Services Authority’s (DLSA) function:
The DLSA, in accordance with Section 357A, sets the maximum compensation and supervises its distribution in accordance with the victim compensation plan.
Section 357B, Restitution in Acid Attack Cases: When deciding penalty in acid attack instances, Section 357B takes lost wages and medical expenses into account.
Compensation under Section 357C for Sexual Assault:
To address the livelihood of victims in sexual assault cases, Section 357C established a fund for paying victims of sexual assaults.
In conclusion, In the complex web of Indian law, victim compensation, post-conviction proceedings, and judgments work together to guarantee an all-encompassing approach to justice. Beyond decisions, the system recognizes the fallout and offers financial assistance and remedies, signifying a dedication to comprehensive legal redress and assistance for all parties. Even though it may strive to accomplish, in some cases it is not and justice to the victims is not provided.
REFERENCES / CITATIONS/ WORK CITED
- Agarwal A, ‘Judgment and Post Conviction Orders under CR.P.C.’ (Legal Bites, 13 August 2019) <https://www.legalbites.in/a-study-of-the-meaning-and-procedure-of-rendering-judgment-and-post-conviction-orders-under-cr-p-c/> accessed 19 January 2024
- Kumari B, ‘Explained: Bail after Conviction Section 389 CRPC’ (Corpbiz, 19 June 2023) <https://corpbiz.io/learning/bail-after-conviction-section-389-crpc/#:~:text=Bail%20after%20conviction%20Section%20389%20of%20the%20Criminal,and%20has%20filed%20an%20appeal%20against%20the%20conviction.> accessed 19 January 2024
- Network L, ‘Detailed Analysis of Victim Compensation in India’ (Law Insider India, 27 March 2022) <https://www.lawinsider.in/columns/detailed-analysis-of-victim-compensation-in-india> accessed 19 January 2024
- Rai D, ‘Judgment under the Criminal Procedure Code, 1973’ (iPleaders, 19 December 2019) <https://blog.ipleaders.in/judgment-under-the-criminal-procedure-code-1973/> accessed 19 January 2024
