MP High Court Makes SC/ST Act Compensation Conditional On Victim's Undertaking Not To Compromise With Accused

The Madhya Pradesh High Court has directed the victim to file an affidavit undertaking that she will neither enter into a compromise with the accused nor turn hostile during trial, after taking note of the recurring trend in cases under the SC/ST (Prevention of Atrocities) Act and Rules. [2026 LiveLaw (MP) 222]The bench of Justice Vishal Mishra was told that in many such cases, the victim allegedly enters into a compromise with the accused and subsequently turns hostile before the Trial Court after receiving compensation under the statutory scheme. Noting that such compensation is paid from the public exchequer, the court emphasised that public funds cannot be misused merely to ensure formal compliance with the provisions of the Rules. The bench held:"It is pointed out by learned State counsel that generally such FIRs are being registered and thereafter victim entered into compromise with the accused and turns hostile before the Trial Court after receiving compensation amount because 75% compensation amount has to be paid up to the stage of filing of charge-sheet. The statement of victim is recorded thereafter. The amount to the victim in the form of compensation under the Act is to be paid from public exchequer. The public exchequer cannot be misused for the purpose of compliance of provisions of Rules, 1995. Under these circumstances, this Court deems it appropriate to dispose of this writ petition directing the petitioner to submit an affidavit to respondents No.2 & 3 to the effect that she will not enter into compromise with the accused or will not turn hostile before the Trial Court and will thoroughly contest the case which has been registered on her complaint". The victim, a member of the Scheduled Tribe, filed a petition seeking release of 75% comepnsation amount of ₹5 Lakh claiming entitlement under Clause 44(i) of the Rules. Per the petitioner, he filed a complaint on September 22, 2022, against the accused person for rape (Section 376) and criminal intimidation (Section 506) of the IPC and under Section 3 of the Act.The counsel for the petitioner contended that the said compensation under the rules, which is paid to the victim, is paid as 50% after medical examination and confirmatory medical report, 50% at the stage of charge-sheet and 25% after conclusion of trial by the trial Court. The counsel for the petitioner contended that since the chargesheet was filed before the Trial Court, the petitioner was entitled to get 75% of the compensation, out of which only ₹75,000 was paid to the petitioner. The counsel for the State opposed the contentions, arguing that there has been a recent trend where the victim usually compromises the matter or turns hostile before the Trial Court. Therefore, the State prayed for an affidavit from the Victim assuring that she would not turn hostile in the matter or enter into a compromise with the accused persons. The court, taking note of the State's submission, noted that the amount of compensation that is paid to the victim is released from the public exchequer and therefore held that it cannot be misused for the purpose of compliance under the Rules. Therefore, the court deemed it appropriate to direct the victim to submit an affidavit that she would not enter into a compromise with the accused or would turn hostile before the Trial Court. The bench held that until such an affidavit is submitted by the victim, no amount of compensation should be disbursed to the petitioner. The court further stated that if the victim submits an affidavit, then the authorities must consider the victim's application for compensation and extend the benefits. However, the court also noted that if the victim turns hostile, the said amount of compensation received by the victim must be refunded to the State. The bench, thus, disposed of the case with the following directions:"The Trial Court is directed to take note of the fact that in case, the victim turns hostile or enters into a compromise with the accused, then the Trial Court may pass an order for taking cognizance against the victim for registering a false and frivolous case against the accused". Case Title: Victim v State of Madhya Pradesh, WP-13567-2026Citation: 2026 LiveLaw (MP) 222For Petitioner: Advocate RP MishraFor State: Advocate Jubin PrasadClick here to read/download the Order

MP High Court Makes SC/ST Act Compensation Conditional On Victim's Undertaking Not To Compromise With Accused

Jayanti Pahwa

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Jayanti Pahwa

MP High Court Makes SC/ST Act Compensation Conditional On Victim's Undertaking Not To Compromise With Accused

Jayanti Pahwa

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Jayanti Pahwa

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