'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC [Read Judgment]

The Kalaburagi bench of the Karnataka High Court on Tuesday observed that a victim under the SC/ST Atrocities Act includes not only the person who sustains injuries arising out of the crime but also his parents and family members."..the definition "victim" as enumerated in the Act is wide enough, which include any individuals who falls within the definition of the SC/ST Act who has suffered or experienced physically, mentally, psychologically, emotionally or monitory harm or suffered harm to his or her property. If a person sustains injuries arising out of crime then, he himself, his parents, family members are also to be considered as victim as per the above definition", the bench observed. In view of this premise, the single-Judge bench of Justice Hanchate Sanjeevkumar passed the following guidelines: "A right is conferred on the victim or his/her dependents to participate in the proceedings initiated under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as enumerated in Section 15-A. Therefore, the first informant/ complainant/ victim or dependents shall be made as a party in the proceedings and issue necessary notice to the victim or dependents/ first informant/ complainant/ victim or dependents and to hear them in any proceedings as envisaged under Sub-section (5) of Section 15-A of the SC/ST Act.The Special Courts trying with the offence/s under the SC/ST Act shall direct the District Legal Services Authority to provide an advocate on behalf of the victim or his/her dependents/ first informant/complainant from the Panel Advocates of District Legal Services Authority." The directions were made while deciding whether the mother of the victim under the Act, who was also the informant in the case, should have been made a Respondent-party in the bail application moved by the accused. The Petitioner-accused had contended that the informant (victim's mother) need not be impleaded as a party and it would suffice if an information is given to the victim or his dependents or the first informant about the proceedings pending before the Court in terms of Section 15-A(3) of the SC/ST Act. Right to opportunity of hearing of the victim Disagreeing with this submission, the bench observed that Section 15-A(5) of the Act guarantees a right to a victim or dependents to participate in any proceedings. "Right of 'Audi Alterm Partem' is conferred. …Where a right of Audi Alterm Partem is conferred on the victim or his dependents, then the court has to give an opportunity/right of audience to the victim or his/her dependent to hear them as to enable them to participate in the proceedings including bail proceedings also," the court remarked. Section 15A(5) stipulates— A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing. In this backdrop the court held that a victim or dependent has a right to be heard by the Court, enabling the victim or dependents to participate in any proceedings in respect of not only bail proceedings but also in the proceedings of discharge, release, etc. "The court is able to hear the victim or dependent in respect of a proceedings as enumerated in Sub-section (5) of Section 15-A of the SC/ST Act only when the victim or dependent are made as parties in the proceedings, otherwise it cannot be possible for the court to hear the victim/dependents and to receive any written submission as stated in the said provision," the bench observed. On comparing Section 15-A(3) and Section 15A(5) the bench opined that while the prior assigns a duty to the Special Public Prosecutor to the State on behalf of the victim, but the latter expressly confers right of victims and witnesses to participate in any proceedings. "Sub-section (3) of Section 15-A of the SC/ST Act only enumerates giving such information to the victim or dependents through Special Public Prosecutor or State Government about any proceedings pending in the court. But Sub-section (5) of Section 15-A of the SC/ST Act confers a right on the victim or dependents to make them to participate in a proceedings and to hear their submissions and also to file written submissions in this regard in the proceedings pending before the court. Therefore, unless the victim or dependent as enumerated in Section 2(ec) of the SC/ST Act is made a party in the proceedings in the case pending before any court, it is not possible for the court to hear whatever submission to be put forth by the victim or dependents in the proceedings before the court. Therefore, under these circumstances, making the victim or dependent as party in the proceedings pending before any court is necessary and mandatory," the bench held. ...

'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC [Read Judgment]

Akshita Saxena

The Court held that 'victim' is entitled to be heard in all court proceedings under the Act.

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