TaxTMI 
TaxTMI 
2020 (11) TMI 1068
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....by the ld. Additional Sessions Judge under Sections 302/34 IPC. The ld. Addl. Sessions Judge reserved the judgment, after conclusion of the arguments, on 06th March, 2020 while being posted at Karkardooma Courts. On 13th March, 2020, ld. Addl. Sessions Judge was transferred from Karkardooma Courts to Rohini Courts and he pronounced the impugned judgments on 09th July, 2020. The appellants have challenged impugned judgments on the two grounds: first, that the ld. Addl. Sessions Judge ceased to have jurisdiction in respect of Karkardooma Courts matters upon being transferred with immediate effect vide transfer order No.10/G-I/Gaz.IA/DHC/2020 dated 13th March, 2020 and he was not empowered to deal with this case which was tried in the jurisdiction of Karkardooma Courts and second, that Note 2 appended to the transfer order dated 13th March, 2020 which empowered the judicial officers to pronounce the judgment/order in the reserved matters, was invalid. Reliance is placed on the Division Bench judgment of this Court in Jitender @ Kalle v. State, (2013) 196 DLT 103 (DB). 2. An important question of law has arisen for consideration before this Court with respect to the validity of Note....
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....ese appeals came up for hearing for first time on 16th July, 2020, when the Division Bench of this Court issued notice to the State. Considering that the grounds raised by the appellants had wide ramifications on the Criminal Justice System, the Division Bench of this Court issued notice to the High Court on administrative side. The Division Bench further appointed Mr. Vikas Pahwa, Senior Advocate to assist this Court as amicus curiae. The Division Bench further directed the ld. Addl. Sessions Judge to defer the hearing on sentence by two weeks. 8. On 10th August, 2020, Mr. Vikas Pahwa, ld. amicus curiae, submitted that this case is squarely covered by the law laid down by the Supreme Court in Gokaraju Rangaraju v. State of Andhra Pradesh, (1981) 3 SCC 132 in which the Supreme Court held that the judgment passed by a Sessions Judge would be legal and valid even if the appointment of the concerned Judge was subsequently declared to be invalid. The Supreme Court held that the de facto doctrine was well established. The Supreme Court considered the earlier cases on the de facto doctrine. The Supreme Court also noted that the de facto doctrine was recognized by British as well as Am....
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....s infructuous. However, the appeals were kept pending to consider the legal issues raised by the High Court. 12. Mr. Kanhaiya Singhal, ld. counsel for the appellant Mr. Rajshekhar Rao, ld. counsel for the High Court; Mr. Rahul Mehra, ld. Standing Counsel and Mr. Vikas Pahwa, ld. amicus curiae, further submitted that there is a need to frame guidelines for award of compensation under Section 357 CrPC. It was submitted that the Courts below are not conducting any inquiry to ascertain the impact of crime on the victims and the paying capacity of the accused before awarding the compensation. It was further submitted that guidelines be framed in this regard. Prof. G.S. Bajpai, Professor of Criminology & Criminal Justice, National Law University, Delhi, who has done extensive research on Victimology has been appointed as amicus curiae to assist in this case in framing guidelines under Section 357 CrPC. Submissions of Mr. Rajshekhar Rao, Ld. counsel for Delhi High Court 13. The ld. Addl. Sessions Judge was transferred from Karkardooma Courts to Rohini Courts by the High Court vide transfer order dated 13th March, 2020 and Note 2 appended to the transfer order dated 13th March, 20....
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....orders of the Judicial Officers by this Court such as transfer orders dated 13th March, 2009; 17th July, 2009; 28th July, 2009; 15th October, 2009; 14th December, 2009; 04th February, 2010; 08th March, 2010; 26th April, 2010, 26th August, 2010; 09th September, 2010; 29th October, 2010; 15th December, 2010; 23rd December, 2010; 02nd February, 2011; 30th September, 2019; 19th November 2019; 04th December, 2019; 19th February, 2020. Various other versions similar to Note 2 have been used in the transfer/posting orders by this High Court for transfer of judicial officers of the subordinate judiciary. Powers of the High Court 17. Article 227 of the Constitution empowers the High Court with the superintendence over all Courts and Tribunals throughout its territory. The power of superintendence under Article 227 includes the administrative as well as judicial superintendence i.e. the High Court can transfer a case by exercising its administrative power of superintendence or its judicial power of superintendence. Articles 227 and 235 of the Constitution empower the High Court to transfer the cases on administrative side. Article 235 of the Constitution empowers the High Court with co....
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....arities in procedure unless it has resulted in failure of justice. Section 462 protects judgment given by a Criminal Court in a proceeding which took place in a wrong jurisdiction unless it has resulted in failure of justice. Section 465 protects the irregularities in the complaint, summons, warrants, proclamation, order, judgment or other proceedings before or during trial. Reliance is placed on Willie (William) Slaney v. State of M.P., (1955) 2 SCR 1140 and State of M.P. v. Bhooraji, (2001) 7 SCC 679. Concept of "Illegality" and "Irregularity" in CrPC 21. In Pulukuri Kotayya v. King-Emperor, (1947) 1 Mad LJ 219, the Privy Council held that the distinction between an illegality and an irregularity is one of degree rather than of kind. In Willie (William) Slaney (supra), the Constitution Bench of the Supreme Court held that the illegality that strikes at the root of the trial and cannot be cured is not merely an irregularity but the illegality that may strike at the root of the trial and can be cured is merely an irregularity. Concept of "Failure of Justice" 22. The conviction cannot be set aside merely on the ground of procedural irregularity unless it has resulted in ....
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....sdiction is a matter of convenience, keeping in mind the administrative point of view with respect to the work of a particular Court, the convenience of the accused as well as convenience of the witnesses who have to appear before the Court. 28. While considering the ambit of Sections 462 and 465, the Supreme Court in State of Karnataka v. Kuppuswamy Gownder, (1987) 2 SCC 74 held that the Scheme of CrPC is that where there is no inherent lack of jurisdiction either on the ground of lack of territorial jurisdiction or on the ground of any irregularity of procedure, an order or sentence awarded by a competent Court could not be set aside unless prejudice is pleaded and proved which will mean failure of justice. The Supreme Court specifically observed that "even if a trial takes place in a wrong place where the Court has no territorial jurisdiction to try the case still unless failure of justice is pleaded and proved, the trial cannot be quashed". Even in cases where trial was conducted in the wrong jurisdiction, it has been held by the Supreme Court that the same would not vitiate trial unless there has been a failure of justice. Reference is made to Mangaldas Raghavji Ruparel v. ....
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....ver, Sections 353 and 354 have to be complied with. CrPC does not impose a bar on pronouncement of orders/judgments by the Judge who recorded the entire evidence and heard the matter or who heard the matter finally after evidence was recorded by someone else, merely because the said Judge has been transferred to another Court. Division Bench judgment in Jitender's case 33. Note 2 attached to the transfer order dated 08th February, 2010 was not under challenge in Jitender's case. In that case, the Division Bench was dealing with the validity of the judgments by which the appellant were convicted, though dictated and signed by the Judge who heard the arguments but were "announced" by a successor Judge after the transfer of the predecessor Judge. Thereafter, the successor Judge heard the arguments on the point of sentence and passed the orders on sentence. The accused challenged the conviction on the ground that the judgment was not duly pronounced and Section 353 was not complied with. The question before the Division Bench was whether such "announcements" could amount to valid judgments? The Division Bench held that the successor Judge cannot adopt her predecessor's written ju....
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....cedent. In State of Orissa v. Mohd. Illiyas, (2006) 1 SCC 275, the Supreme Court held that a judgment is a precedent on its own facts. It is not everything written in the judgment constitutes a precedent. The relevant portion is as under:- "12. ... Reliance on the decision without looking into the factual background of the case before it, is clearly impermissible. A decision is a precedent on its own facts. Each case presents its own features. It is not everything said by a Judge while giving judgment that constitutes a precedent. The only thing in a Judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well settled theory of precedents, every decision contains three basic postulates: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is an authori....
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....ecide as held in Gullapalli Nageswara Rao v. A.P.S.R.T.C., AIR 1959 SC 308. Note 2 further ensure that pendency of cases is curbed to a certain extent by permitting Judge to pronounce judgments/orders within a particular time frame subsequent to their transfer. It is also clear that Note 2 is not in violation of any of the legal principles stipulated in CrPC. While examining the validity of an administrative order issued by the Patna High Court under Section 9(6) CrPC that the trial will be conducted inside the Jail premises for the expeditious trial of the case, it was held by the Supreme Court in Mohd. Shahabuddin v. State of Bihar, (2010) 4 SCC 653 that while reviewing administrative decisions, standards of natural justice should be maintained and the power of judicial review must not be applied blindly. 38. Pertinently, Note 2 is issued in exercise of the supervisory jurisdiction of this Court under Article 235 of the Constitution as also in furtherance of the powers of the High Court under Section 483 CrPC to ensure expeditious and proper disposal of cases by the Courts. It must also be kept in mind that there is presumption that all judicial and official acts have been reg....
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.... v. Satish Chand CRP No. 53/2020 decided by this Court on 22nd July, 2020; Shushree Securities Pvt. Ltd. v. Times A & M (India) Limited, CM(M) No. 98/2020 decided by this Court on 02nd March, 2020 and Deepti Khera v. Siddharth Khera, CM(M) No. 1637/2019 decided by this Court on 18th November, 2019. 42. Even though recommendations have been made by the Supreme Court directing that judgments be delivered in a time bound manner in Anil Rai v. State of Bihar, (2001) 7 SCC 318, none of the recommendations made therein stipulate that judgments ought to be set aside merely on account of delay of four months. Even though there have been instances where the Supreme Court has set aside judgments on account of delay in pronouncements, the cases pertain to a delay of over two years. Reference is made to Kanhaiyalal v. Anupkumar, (2003) 1 SCC 430 and Bhagwandas Fatehchand Daswani v. HPA International, (2000) 2 SCC 13. Further, practice directions of this Court as stipulated in the Delhi High Court Rules do not stipulate that judgments ought to set aside merely on account of delay. Right of accused to a speedy trial and interest of society 43. It is clear that various provisions have be....
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....linquishing the charge and, as such, there is no irregularity in the pronouncement of the judgment. Without prejudice, it is submitted that even assuming Note 2 was invalid, the de facto doctrine laid down by the Supreme Court in Gokaraju Rangaraju (supra), would protect the impugned judgments in the present appeals. In Gokaraju Rangaraju (supra), the Supreme Court considered the validity of the judgments and orders passed by the Sessions Judges whose appointments were subsequently quashed by the Supreme Court. The Supreme Court applied the de facto doctrine to protect the judgments/orders of such Judges. 45. Article 233A was introduced in the Constitution as a result of the 20th Amendment to the Constitution pursuant to the Judgment in Chandra Mohan (supra). Article 233A is reproduced herein under: "Article 233A - Validation of appointments of, and judgments, etc., delivered by, certain district judges Notwithstanding any judgment, decree or order of any court, (a)(i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that ....
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....has not been defined in CrPC. It has to be construed liberally taking into consideration that the Judge before whom the evidence has been recorded, arguments have been heard and the trial terminated for pronouncement of the judgment. The only mandatory requirement is that the Judge has to apply his mind by appreciating the evidence, which he has to declare while pronouncing the judgment. 49. Ld. ASJ had the jurisdiction to pass the judgment being a de facto Judge in service and holding a court of competent jurisdiction in Delhi. The ld. ASJ pronounced the judgment on 09th July, 2020, assuming to have jurisdiction in view of the Transfer Order passed by the High Court on 13th March, 2020. To test the validity of the judgment pronounced on 09th July, 2020 by the ld. ASJ, de facto doctrine has to be applied. This doctrine is engrafted as a matter of public policy and necessity to protect the interest of public and individuals involved in the official acts of persons exercising the duty under lawful authority. Since the judgments pronounced by the Judges post-transfer in different jurisdictions, involves the personal liberty of convicts at large, the public policy gets involved. Thi....
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....transfer the cases from one District to another. The cases can also be transferred by the High Court under Sections 194, 407 and 483 CrPC. Reliance is placed on Hari Vishnu Kamath v. Syed Ahmad Ishaque, (1955) 1 SCR 1104; Ranbir Yadav v. State of Bihar, (1995) 4 SCC 392; Kamlesh Kumar v. State of Jharkhand, (2013) 15 SCC 460; Ajay Singh v. State of Chhattisgarh, (2017) 3 SCC 330 and Achutananda Baidya v. Prafullya Kumar Gayen, (1997) 5 SCC 76. 54. In the present case, the transfer order dated 13th March, 2020 has been issued by the High Court in exercise of its administrative power of superintendence under Article 227 of the Constitution by empowering the Judges to pronounce the judgments in reserved matters. The administrative order of the High Court is not in conflict with the statutory provisions as the power is exercised for administrative exigency, without impinging upon or prejudicially affecting the rights and interests of the parties to any judicial proceeding. Section 462 CrPC protects the finding, sentence or order challenged on the ground of jurisdiction of a Sessions division 55. Section 462 CrPC protects the finding, sentence or order of any criminal Court on ....
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...., which would render the entire trial void. However, similar importance is not attached to an irregularity arisen due to territorial jurisdiction of a Court. 60. In Bhooraji, (supra), the conviction was challenged on the ground that the Sessions Court took cognizance of the offences without the case being committed to it. The Supreme Court held that a mere irregularity, which is not in the nature of illegality, can be cured by aid of Section 465 CrPC unless there has been failure of justice. Relevant portion of the judgment is reproduced as under:- "12. Section 465 of the Code falls within Chapter XXXV under the caption "Irregular Proceedings". The chapter consists of seven sections starting with Section 460 containing a catalogue or irregularities which the legislature thought were not enough to axe down concluded proceedings in trials or enquiries. Section 461 of the Code contains another catalogue of irregularities which in the legislative perception would render the entire proceedings null and void. It is pertinent to point out that among the former catalogue constrains the instance of a Magistrate, who is not empowered to take cognizance of offence, taking cognizan....
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.... etymological chameleon (the simile is borrowed from Lord Diplock in Town Investments Ltd. v. Deptt. of the Environment, 1977 (1) All E.R. 813. The criminal court, particularly the superior court should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage." 17. It is an uphill task for the accused in this case to show that failure of justice had in fact occasioned merely because the specified Sessions Court took cognizance of the offences without the case being committed to it. The normal and correct procedure, of course, is that the case should have been committed to the Special Court because that court being essentially a Court of Sessions can take cognizance of any offence only then. But if a specified Sessions Court, on the basis of the legal position then felt to be correct on account of a decision adopted by the High Court, had chosen to take cognizance without a committal order, what is the disadvantage of the accused in following the said court?" (Emphasis Supplied) 61. In the present case there is no "failure of justice" as the predecessor Judge presided over the trial, heard the final argumen....
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....order, the Division Bench ought to have heard the Delhi High Court. However, the Division Bench did not issue notice to High Court and hence, the High Court was not given an opportunity to defend its order. The principle of audi alteram partem is of paramount importance and the same cannot be overlooked. Thus, the order passed by the Division Bench is improper on this count. 65. Note 2 of the transfer/posting order was issued by the High Court while exercising powers under Article 227 of the Constitution. If given an opportunity, the Delhi High Court could have defended Note 2, being an administrative order passed by this High Court in exercise of the power of superintendence under Article 227, which is the basic structure of the Constitution. The Division Bench thus did not take into consideration the power of superintendence of the High Court under Article 227 of the Constitution. 66. The Division Bench overlooked the mandate of Section 462 CrPC, which categorically states that no finding, sentence or order can be challenged on the ground of jurisdiction of any Sessions division. 67. The Division Bench failed to take into consideration the mandate of Section 465 CrPC, wh....
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....cquittal or discharge. The insertion of Sections 357A and 357B in CrPC has triggered a new compensatory regime. Reference is made to Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770. 73. Section 357A was introduced in CrPC on recommendation of the 154th Law Commission Report to protect victims. The 154th Law Commission Report on the CrPC devoted an entire chapter to 'Victimology' in which the growing emphasis on victim's rights in criminal trials was discussed extensively as under: "1. Increasingly the attention of criminologists, penologists and reformers of criminal justice system has been directed to victimology, control of victimization and protection of victims of crimes. Crimes often entail substantive harms to people and not merely symbolic harm to the social order. Consequently the needs and rights of victims of crime should receive priority attention in the total response to crime. One recognized method of protection of victims is compensation to victims of crime. The needs of victims and their family are extensive and varied. xxx xxx xxx 9.1 The principles of victimology has foundations in Indian constitutional jurisprud....
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....at a fair and reasonable conclusion. It is also beyond dispute that the occasion to consider the question of award of compensation would logically arise only after the court records a conviction of the accused. Capacity of the accused to pay which constitutes an important aspect of any order Under Section 357 Code of Criminal Procedure would involve a certain enquiry albeit summary unless of course the facts as emerging in the course of the trial are so clear that the court considers it unnecessary to do so. Such an enquiry can precede an order on sentence to enable the court to take a view, both on the question of sentence and compensation that it may in its wisdom decide to award to the victim or his/her family. In Malimath Committee Report (March 2003), it was observed: "6.7.1 Historically speaking, Criminal Justice System seems to exist to protect the power, the privilege and the values of the elite sections in society. The way crimes are defined and the system is administered demonstrate that there is an element of truth in the above perception even in modern times. However, over the years the dominant function of criminal justice is projected to be protectin....
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....g victims of violent crimes irrespective of the fact whether offenders are apprehended or punished. The principle invoked is the obligation of the state to protect basic rights and to deliver justice to victims of crimes fairly and quickly. It is time that the Criminal Justice System takes note of these principles of Indian Constitution and legislate on the subject suitably." (Emphasis Supplied) 74. On perusal of Section 357 CrPC it is clear that rights under Section 357 are not foreclosed but continued in Section 357A CrPC. The Courts are empowered to travel beyond Section 357 CrPC and award compensation where relief under Section 357 CrPC is inadequate or where the cases end in acquittal or discharge. This amendment has brought forth rehabilitation of victims to the forefront and it is the Court's duty to make such provisions operative and meaningful. 75. Pursuant to the directions of the Division Bench of this Court in judgment dated 07th July, 2008 in Criminal Appeal No. 5/2000 titled Khem Chand v. State of Delhi, Delhi State Legal Services Authority is granting interim compensation to the victims under the Delhi Victims Compensation Scheme, 2011 at initial stage for t....
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.... permanently impaired. The Supreme Court deplored the failure of Courts in awarding compensation under 357 CrPC. The Court recommended all the courts to exercise the power available under Section 357 CrPC liberally to meet ends of justice. The court observed: "10. Sub-section (1) of Section 357 provides power to award compensation to victims of the offence out of the sentence of fine imposed on accused. In this case, we are not concerned with sub-section (1). We are concerned only with sub-section (3). It is an important provision but courts have seldom invoked it. Perhaps due to ignorance of the object of it. It empowers the court to award compensation to victims while passing judgment of conviction. In addition to conviction, the court may order the accused to pay some amount by way of compensation to victim who has suffered by the action of accused. It may be noted that this power of Courts to award compensation is not ancillary to other sentences but it is in addition thereto. This power was intended to do something to reassure the victim that he or she is not forgotten in the criminal justice system. It is a measure of responding appropriately to crime as well of reco....
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....d a summary inquiry to be conducted by Criminal Court for ascertaining quantum of compensation by directing the SHO of Police station to submit "Victim Impact Report". 80. In Vikas Yadav v. State of U.P, 2015 SCC OnLine Del 7129, the Division Bench of this Court held that although theorizing is one thing and practically carrying out what the Section mandates in order to achieve its true objective requires aid of the judiciary to form guidelines on Scheme of Compensation under Section 357. There is huge cost of litigation even in criminal cases also though comparatively criminal cases run for a lesser duration. The contributing factors in the increase is the fact that the accused who is in the state custody is deemed to be innocent and therefore, all expenses of such person as long as he is in custody is borne by the State itself. At the end of the trial, Courts may ask the accused to pay for the expenses, which are surprisingly limited to the fine to be paid under Section 357. The litigants take advantage of such expenses borne by the State and the State ends up paying amount for trips to the hospital and other places of the accused. This fact has been predominantly deprecated b....
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.... a copy of this order. 18. We also direct that a copy of this judgment be forwarded to National Judicial Academy so that all judicial officers in the country can be imparted requisite training to make the provision operative and meaningful. 19. We determine the interim compensation payable for the two deaths to be rupees ten lakhs, without prejudice to any other rights or remedies of the victim family in any other proceedings. 20. Accordingly, while dismissing the appeal, we direct that ...the victim be paid interim compensation of rupees ten lakhs. It will be payable by the Haryana State Legal Services authority within one month from receipt of a copy of this order. If the funds are not available for the purpose with the said authority, the State of Haryana will make such funds available within one month from the date of receipt of a copy of this judgment and the Legal Services Authority will disburse the compensation within one month thereafter". 83. In Ankush Shivaji Gaikwad (supra) the Supreme Court developed on its position taken in Hari Singh (supra) and held that Section 357 CrPC confers a power coupled with a duty on the Courts to apply its mind to the ....
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....t to the impact of crime and data from the Investigating Officer and prosecution with respect to the cost of prosecution; Inquiry Committee should thereafter inquire into the matter and submit the report to the Court within 30 days; the Court should determine the restitution amount after considering the report and hearing the parties. Prof. G.S. Bajpai has also given suggestions for protection and disbursement of the restitution amount to the victims. Prof. G.S. Bajpai has also submitted the formats of report of the Investigating Officer; and formats of the affidavit of the victim and format of the affidavit of the accused. Submissions of Mr. Rahul Mehra, Ld. Standing Counsel, Govt. of NCT of Delhi 86. On 29th November, 1985, The General Assembly of United Nations adopted the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power which emphasized the need to set norms and minimum standards for protection of victims of crime. The said declaration recognized four major components of rights of victims of crime, namely, access to justice and fair treatment; restitution; compensation and assistance. Section 357A CrPC was incorporated to give effect t....
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....rding to the Delhi Victim Compensation Scheme, 2018. The Legal Services Authority is not authorized to grant the compensation beyond the limit provided in the Scheme. (iv) In matters resulting into acquittal or discharge, similar recommendation may be made in case the Trial Court feels the need of rehabilitation of the victim provided the victim can be considered as a victim of an offence as defined in the scheme. (v) In cases of untraced matters or wherein the identity of the offender cannot be established, the victim/dependants may be referred to District Legal Services Authority to move an application for grant of compensation. (vi) At any stage of the trial, Trial Court may also recommend/refer the matter for grant of Interim Compensation. The interim compensation can only be quantified by the POCSO Court. (vii) The compensation can only be granted in the categories mentioned in the Schedule to the Scheme in Part-I and Part-II. The other matters cannot be considered. Legal Services Authorities are not authorized/ empowered to go beyond the Scheme. (viii) Compensation may be recommended in State Cases i.e. matter on which cognizance h....
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.... impact of crime and the affidavit of the accused with respect to his financial capacity be formulated and the same be called for by the Trial Court after the conviction of the accused. Mr. Singhal, ld. counsel for the appellants has suggested the formats of the affidavits in his written submissions. Relevant Provisions of law 95. Constitution of India Article 227 - Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. (2) Without prejudice to the generality of the foregoing provision, the High Court may: a. call for returns from such courts; b. make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and c. prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein: Provided that any r....
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....of Justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Code from one judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325. Section 353 - Judgment (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,- (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) by reading out the operative part of the judgment and expl....
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....ns for the decision; (c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is convicted and the punishment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. Section 357 - Order to pay compensation: (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied- a) in defraying the expenses properly incurred in the prosecution; b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a civil court; c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recove....
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....ompensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to the be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. Section 407 - Power of High Court to transfer cases and appeals (1) Whenever it is made to appear to the High Court: (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto....
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....dinate Court shall be stayed, on such terms as the High Court may think fit to impose: (7) Provided that such stay shall not affect the subordinate Court's power of remand under Section 309. (8) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case. (9) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (10) Nothing in this section shall be deemed to affect any order of Government under Section 197 Section 460 - Irregularities which do not vitiate proceedings If any Magistrate not empowered by law to do any of the following things, namely:- (a) to issue a search-warrant under Section 94; (b) to order, under Section 155, the ....
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....on or other local area, unless it appears that such error has in fact occasioned a failure of justice. Section 465 - Finding or sentence when reversible by reason of error, omission or irregularity (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. Section 483 - Duty of High Court to exercise con....
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....were more expedient, effective and efficacious. If the High Court had intended to exercise its judicial powers of transfer invoking Section 407 of the Code it would have necessitated compliance with all the procedural formalities thereof, besides providing adequate opportunities to the parties of a proper hearing which, resultantly, would have not only delayed the trial but further incarceration of some of the accused. It is obvious, therefore, that by invoking its power of superintendence, instead of judicial powers, the High Court not only redressed the grievances of the accused and others connected with the trial but did it with utmost dispatch." (Emphasis Supplied) 99. In Achutananda Baidya v. Prafullya Kumar Gayen, (1997) 5 SCC 76, the Supreme Court held that the High Court has both administrative as well as judicial power of superintendence under Article 227 of the Constitution. Relevant portion of the judgment is as under: "10. The power of superintendence of the High Court under Article 227 of the Constitution is not confined to administrative superintendence only but such power includes within its sweep the power of judicial review. The power and duty of the....
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....ubstance in the objections raised by the petitioners. The High Court has looked into Section 407 CrPC, referred to Articles 227 and 235 of the Constitution of India, and thereafter in its impugned judgment [Kamlesh Kumar v. State of Jharkhand, WP (Cri) No. 95 of 2003, decided on 19-7-2012 (Jhar)] has observed as follows: "Having perused Section 407 CrPC and Articles 227 and 235, I have no hesitation to hold that this Court either on the administrative side or in the judicial side has absolute jurisdiction to transfer any criminal cases pending before one competent court to be heard and decided by another court within the jurisdiction of this Court. This Court in its administrative power can issue direction that cases of particular nature shall be heard by particular court having jurisdiction." In view of what is stated earlier, we have no reason to take a view different from the one taken by the High Court. Both the special leave petitions (criminal) are, therefore, dismissed." 101. In Ajay Singh v. State of Chhattisgarh, (2017) 3 SCC 330, the Supreme Court rejected the challenge to the transfer of a case by the High Court on administrative side. Relevant porti....
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....Division Bench of this Court rejected the challenge to the transfer of a case by the High Court from one Session to another on administrative side. Relevant portion of the said judgment is as under:- "6. ... this is not a case of transfer simplicitor from one Sessions Judge to another, but a case where arguments stand more or less concluded in the Court of a particular Sessions Judge and the Chief Justice on the administrative side has deemed it expedient, for the ends of justice, to order that the Sessions Judge who has heard the arguments in extenso pronounce judgment in the case. 7. We say so on the basis of the records which have been scrutinized by us, and on such scrutiny it was found by us that arguments in the case had been heard by Ms. Mamta Sehgal, Additional Sessions Judge on more than thirty different dates, i.e. on 27.10.2004, 1.11.2004, 14.12.2004, 15.12.2004, 16.12.2004, 31.1.2005, 1.2.2005, 18.2.2005, 24.2.2005, 28.2.2005, 1.3.2005, 10.3.2005, 17.3.2005, 22.3.2005, 23.3.2005, 19.4.2005, 21.4.2005, 25.4.2005, 8.7.2005, 22.7.2005, 26.7.2005, 27.7.2005, 9.8.2005, 24.8.2005, 25.8.2005, 20.9.2005, 21.9.2005, 28.9.2005, 31.10.2005, 9.11.2005 and 18.11.20....
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....ld not only further delay the disposal of the case, which has been pending already for over 23 years, but would cause untold hardship to the complainant, apart from the fact that the State through the CBI would have to de novo argue the matter. 10. Before parting with the order, we deem it expedient to refer to the contention of the petitioner that fair and impartial justice will not be done to him if the matter is heard and decided by Ms. Mamta Sehgal. To say the least, we find no reason for such an apprehension on the part of the petitioner. Merely for the petitioner to allege that he will not get impartial justice, to our mind, is wholly insufficient. The question really is whether the petitioner can be said to entertain reasonably an apprehension that he would not get justice. It is not any and every apprehension in the mind of the accused that can be termed as reasonable apprehension. Apprehension must not only be entertained, but must also appear to the Court to be reasonable and justified by facts and circumstances. Facts and circumstances are otherwise. The petitioner did not entertain any apprehension from the year 2001 when the matter was posted with Ms. Mamta Se....
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....stantially different from that prescribed. "When a trial is conducted in a manner different from that prescribed by the Code (as in N.A. Subramania Iyer case [(1901) LR 28 IA 257, 263], the trial is bad and no question of curing an irregularity arises; but if the trial is conducted substantially in the manner prescribed by the Code, but some irregularity occurs in the course of such conduct, the irregularity can be cured under Section 537, and nonetheless so because the irregularity involves, as must nearly always be the case, a breach of one or more of the very comprehensive provisions of the Code". Pulukuri Kotayya v. King-Emperor [(1947) LR 74 IA 65, 75]. 9. Now it is obvious that the question of curing an irregularity can only arise when one or more of the express provisions of the Code is violated. The question in such cases is whether the departure is so violent as to strike at the root of the trial and make it no trial at all or is of a less vital character. It is impossible to lay down any hard and fast rule but taken by and large the question usually narrows down to one of prejudice. In any case, the courts must be guided by the plain provisions of the Co....
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.... that very slight evidence of a reasonable possibility of prejudice would swing the balance in favour of the accused. xxx xxx xxx 15...The real question is not whether a matter is expressed positively or is stated in negative terms but whether disregard of a particular provision amounts to substantial denial of a trial as contemplated by the Code and understood by the comprehensive expression "natural justice". xxx xxx xxx 17. This, we feel, is the true intent and purpose of Section 537(a) which covers every proceeding taken with jurisdiction in the general phrase "or other proceedings under this Code". It is for the Court in all these cases to determine whether there has been prejudice to the accused; and in doing so to bear in mind that some violations are so obviously opposed to natural justice and the true intendment of the Code that on the face of them and without anything else they must be struck down, while in other cases a closer examination of all the circumstances will be called for in order to discover whether the accused has been prejudiced." Concept of "Illegality" and "Irregularity" in CrPC 104. In Pulukuri Kotayya v. King-Emperor, ....
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....e a charge would render the conviction invalid but for Section 535 which serves to validate it when that sort of "irregularity" has not occasioned a "failure of justice". Section 537 does not use any of these expressions but merely says that no conviction or sentence "shall be reversed or altered" unless there has in fact been a failure of justice. 33. We do not attach any special significance to these terms. They are convenient expressions to convey a thought and that is all. The essence of the matter does not lie there. It is embedded in broader considerations of justice that cannot be reduced to a set formula of words or rules. It is a feeling, a way of thinking and of living that has been crystallized into judicial thought and is summed up in the admittedly vague and indefinite expression "natural justice": something that is incapable of being reduced to a set formula of words and yet which is easily recognizable by those steeped in judicial thought and tradition. In the end, it all narrows down to this: some things are "illegal", that is to say, not curable, because the Code expressly makes them so; others are struck down by the good sense of Judges who, whatever expr....
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....nd himself. Relevant portion of the said judgment is reproduced hereunder: "43... But when all is said and done, what we are concerned to see is whether the accused had a fair trial, whether he knew what he was being tried for, whether the main facts sought to be established against him were explained to him fairly and clearly and whether he was given a full and fair chance to defend himself. If all these elements are there and no prejudice is shown, the conviction must stand whatever the irregularities whether traceable to the charge or to a want of one." (Emphasis Supplied) 108. In State of M.P. v. Bhooraji, (2001) 7 SCC 679, the Supreme Court held that the irregularity of the Sessions Court taking cognizance of the offence without the case being committed has not caused any prejudice to the accused. The Supreme Court further held that any de novo trial should be the last resort and that too only when such a course becomes so desperately indispensable. It should be limited to the extreme exigency to avert "a failure of justice". Any omission or even the illegality in the procedure which does not affect the core of the case is not a ground for ordering a de novo trial.....
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....wing the said course?" 109. In Hanumant Dass v. Vinay Kumar, (1982) 2 SCC 177, the Supreme Court rejected the challenge to the conviction on the ground that the case was transferred to a Court which did not have territorial jurisdiction as it has not resulted in failure of justice. Relevant portion of the said judgment is reproduced hereunder:- "16. Assuming for the sake of argument, that there were certain irregularities in the procedure the judgment of the High Court could not be set aside unless it was shown by the appellant that there has been failure of justice... 17. We have perused the judgment of the High Court which was placed before us in full. It shows that each and every aspect of the matter has been thoroughly discussed and the High Court has also referred to the error committed by the Sessions Judge in the approach of the case and also in making unwarranted assumptions." (Emphasis Supplied) Section 462 CrPC protects the irregularity pertaining to lack of jurisdiction 110. In State of Karnataka v. Kuppuswamy Gownder, (1987) 2 SCC 74, the matter was transferred after framing of charge by the Principal Sessions Judge from one Sessions Judge ....
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....round of lack of territorial jurisdiction or on the ground of any irregularity of procedure an order or sentence awarded by a competent court could not be set aside unless a prejudice is pleaded and proved which will mean failure of justice. But in absence of such a plea merely on such technical ground the order or sentence passed by a competent court could not be quashed." (Emphasis Supplied) 111. In Purushottamdas Dalmia v. State of W.B., (1962) 2 SCR 101, the conviction was challenged by the accused on the ground that the offence was not committed within the territorial limits of the Court which convicted him. The Supreme Court held that there are two types of jurisdiction. First, being the power of the Court to try particular kind of offences and the second being territorial jurisdiction attached to various courts for the sake of convenience. The Supreme Court emphatically held that if a Court has no jurisdiction to try a particular offence, then it would amount to be a flagrant violation, which would render the entire trial void. However, similar importance is not attached to an irregularity which arises due to territorial jurisdiction of a Court. The Supreme Court furth....
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....enience of the witnesses who have to appear before the court. It is therefore that it is provided in Section 177 that an offence would ordinarily be tried by a court within the local limits of whose jurisdiction it is committed." 112. In Ram Chandra Prasad v. State of Bihar, (1962) 2 SCR 50, the Supreme Court rejected the objection that the Court did not have territorial jurisdiction on the ground that it has not resulted in failure of justice. Relevant portion of the said judgment is reproduced hereunder: "8. In view of Section 531 of the code of Criminal Procedure, the order of the Special Judge, Patna, is not to be set aside on the ground of his having no territorial jurisdiction to try this case, when no failure of justice has actually taken place. It is contended for the appellant that Section 531 of the Code of Criminal Procedure is not applicable to this case in view of sub-section (1) of. Section 7 and Section 10 of the Criminal Law Amendment Act. We do not agree. The former provision simply lays down that such offences shall be triable by Special Judges and this provision has not been offended against. Section 10 simply provides that the cases triable by a Spec....
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....he Presiding Officer was within the ambit of propriety to have pronounced the judgment there, and then on any of the dates after 22.5.2008. By 22.5.2008, all the proceedings had-concluded, including final arguments and the case had been-fixed for passing of orders for 24.5.2008. The petitioner, while giving one excuse after another, did not appear thereby frustrating the process of Court and process of law, on account of which the impugned order has been, passed. 55. Considering the provisions of Section 353, Code of Criminal Procedure, I find that there was no bar, prohibition, hindrance or obstacle for the trial Court to have adopted the measure adopted by it. As held above, the judgment could have been pronounced in the presence of the Counsel for the petitioner. Conceivably, misconstruing the provisions of Section 353, Code of Criminal Procedure, the trial Court adopted the procedure of signing the judgment and affixing a date thereon and putting it in a sealed cover, to be pronounced by the successor Presiding Officer. There being no provision debarring the trial Court from adopting the procedure, I find no illegality in the conduct of the trial Court. The proceedings....
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....dful is required to be done, however, it should be ensured that serious prejudice is not caused to the parties. There is no legal prohibition that says that a judgment or order in a criminal case prepared and signed by a Judicial Officer could be pronounced only by him. When pronouncement of judgment or order is necessary, there is no provision which prohibits the successor Officer pronouncing the same in Court. Such a course does not cause prejudice to anybody, rather, it accelerates dispensation of justice. Pronouncement of an order by successor Presiding Officer would not in anyway prejudice the accused in the conduct of the case. It is merely an irregularity completely covered by the provisions of Section 465, Code of Criminal Procedure. xxx xxx xxx 78. A combined reading of sub-Sections (7) and (8) of Section 353, Code of Criminal Procedure, indicates that non-compliance with provisions of Section 353, Code of Criminal Procedure, would not render valid until and unless it occasions failure of justice. To obtain the benefit of noncompliance of Section 353, Code of Criminal Procedure, it would be incumbent on the accused to prove the prejudice caused to him' by s....
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....ecrees, sentences or orders passed or made by certain District Judges appointed before 1966, otherwise than in accordance with the provision of Article 233 and Article 235 of the Constitution. The twentieth amendment was the consequence of the decision of the Supreme Court in Chandra Mohan v. State of U.P. [AIR 1966 SC 1987: (1967) 1 SCR 77: (1967) 1 LLJ 412] that appointments of District Judges made otherwise than in accordance with the provisions of Articles 233 and 235 were invalid.... 19. In our view, the de facto doctrine furnishes an answer to the submissions of Shri Phadke based on Section 9 of the Criminal Procedure Code and Article 21 of the Constitution. The judges who rejected the appeal in one case and convicted the accused in the other case were not mere usurpers or intruders but were persons who discharged the functions and duties of judges under colour of lawful authority. We are concerned with the office that the Judges purported to hold. We are not concerned with the particular incumbents of the office. So long as the office was validly created, it matters not that the incumbent was not validly appointed. A person appointed as a Sessions Judge, Additional ....
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....ce over all the Courts and Tribunals throughout its territory. The power of superintendence under Article 227 includes the administrative as well as judicial superintendence i.e. the High Court can transfer a case by exercising its administrative power of superintendence or its judicial power of superintendence. Articles 227 and 235 of the Constitution empowers the High Court to have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction and control over subordinate Courts including matters with respect to the posting and promotion of Judicial Officers. 118. Code of Criminal Procedure vests plenary powers in the High Court relating to the superintendence over the subordinate Courts including the appointment, posting, promotion and transfer of the judicial officers. Section 33 provides that the Judicial Officers shall have the powers conferred upon them by High Court and High Court is empowered to withdraw the powers conferred on any officer. Section 194 empowers the High Court to direct a Sessions Judge to try a particular case. Section 407 empowers the High Court to transfer the cases on judicial side and Section ....
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....who will have to meet the charge leveled against him and the convenience of the witnesses who have to appear before the Court. 122. The Scheme of the Code of Criminal Procedure is that where there is no inherent lack of jurisdiction, an order or sentence awarded by a competent Court cannot be set aside either on the ground of lack of territorial jurisdiction or on the ground of any irregularity of procedure unless prejudice is pleaded and proved which means failure of justice. 123. The Code of Criminal Procedure does not impose a bar on pronouncement of orders/judgments by the Judge who recorded the entire evidence and heard the matter or who heard the matter finally after evidence was recorded by someone else, merely because the said Judge has been transferred to another Court. 124. Note 2 appended to the transfer order dated 13th March, 2020 whereby the High Court directed the judicial officers to pronounce judgment /order in reserved matters notwithstanding their transfer, has been issued by the High Court in exercise of the general power of superintendence over all subordinate Courts under Articles 227 and 235 of the Constitution. Note 2 appended to the transfer order ....
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....oral arguments on 06th March, 2020 when he reserved the judgment. The Ld. Addl. Sessions Judge pronounced the judgment in open Court on 09th July, 2020. The pronouncement of the judgment by the ld. Addl. Sessions Judge is in terms of Section 353 CrPC. The delay of over four months in delivering the judgment by the ld. Addl. Sessions Judge is a mere irregularity since it has not caused any prejudice to the accused and is, therefore, curable. Victimology 129. Victims are unfortunately the forgotten people in the criminal justice delivery system. The criminal justice system tends to think more of the rights of the offender than that of relief to the victims. The anxiety shown to highlight the rights of the offender is not shown in enforcing law relating to compensation for the victim, which too has a social purpose to serve. 130. The Court has to take into consideration the effect of the offence on the victim's family even though human life cannot be restored, nor can its loss be measured by the length of a prison sentence. No term of months or years imposed on the offender can reconcile the family of a deceased victim to their loss, nor will it cure their anguish but the....
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....t if justice was not done to the victim of the crime, criminal justice would look hollow. Reiterating that a life which is lost or snuffed out could not be recompensed, that monetary compensation would at least provide some solace, the Supreme Court observed as follows: "46. One area which is totally overlooked in the above practice is the plight of the victims. It is a recent trend in the sentencing policy to listen to the wailings of the victims. Rehabilitation of the prisoner need not be by closing the eyes towards the suffering victims of the offence. A glimpse at the field of victimology reveals two types of victims. The first type consists of direct victims, i.e., those who are alive and suffering on account of the harm inflicted by the prisoner while committing the crime. The second type comprises of indirect victims who are dependants of the direct victims of crimes who undergo sufferings due to deprivation of their breadwinner. xxx xxx xxx "99. In our efforts to look after and protect the human rights of the convict, we cannot forget the victim or his family in case of his death or who is otherwise incapacitated to earn his livelihood because of ....
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....s not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate for rehabilitation of the victim, the Court can invoke Section 357A CrPC to recommend the case to the State/District Legal Services Authority for award of compensation from the State funded Victim Compensation Fund under the Delhi Victim Compensation Scheme, 2018. Section 357 CrPC is mandatory and it is the duty of all Courts to consider it in every criminal case. The Court is required to give reasons to show such consideration. 137. The law contained in Section 357(3) CrPC, has, by and large, been mostly neglected or ignored. Hence the Supreme Court in Hari Singh v. Sukhbir Singh, (1988) 4 SCC 551, had to issue a mild reprimand while exhorting the Courts for liberal use of this provision to meet the ends of justice as a measure of responding appropriately to the crime, and reconciling the victim with the offender. The relevant portion of the said judgment is reproduced hereunder: "10. ...Sub-section (1) of Section 357 provides power to award compensation to victims of the offence out of the sentence of fine imposed on accused. ... It is an important provision....
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.... "12. Though a comprehensive provision enabling the court to direct payment of compensation has been in existence all through but the experience has shown that the provision has rarely attracted the attention of the courts. Time and again the courts have been reminded that the provision is aimed at serving the social purpose and should be exercised liberally yet the results are not very heartening." 140. In K.A. Abbas H.S.A. v. Sabu Joseph, (2010) 6 SCC 230, the Supreme Court again noted that Section 357 CrPC is an important provision but the Courts have seldom invoked it, perhaps due to the ignorance of the object of it. 141. In Roy Fernandes v. State of Goa, (2012) 3 SCC 221, the Supreme Court again observed that the Criminal Courts do not appear to have taken significant note of Section 357 CrPC or exercised the power vested in them. The relevant portion of the said judgment is reproduced hereunder:- "41. The provision for payment of compensation has been in existence for a considerable period of time on the statute book in this country. Even so, the criminal courts have not, it appears, taken significant note of the said provision or exercised the ....
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....otten in the criminal justice system if despite the legislature having gone so far as to enact specific provisions relating to victim compensation, courts choose to ignore the provisions altogether and do not even apply their mind to the question of compensation. It follows that unless Section 357 is read to confer an obligation on the courts to apply their mind to the question of compensation, it would defeat the very object behind the introduction of the provision. xxx xxx xxx 61. Section 357 CrPC confers a duty on the court to apply its mind to the question of compensation in every criminal case. It necessarily follows that the court must disclose that it has applied its mind to this question in every criminal case. xxx xxx xxx 66. To sum up: while the award or refusal of compensation in a particular case may be within the court's discretion, there exists a mandatory duty on the court to apply its mind to the question in every criminal case. Application of mind to the question is best disclosed by recording reasons for awarding/refusing compensation. It is axiomatic that for any exercise involving application of mind, the Court ought to ha....
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....of us (J.R. Midha, J.) was a member, laid down the principles relating to the procedure to be followed in respect of Section 357 CrPC. Principles in regard to methodology of assessing compensation 147. Section 357(1)(b) CrPC empowers the Court to award compensation out of the fine to the victim for any loss or injury caused by the offence when the compensation is, in the opinion of the Court, recoverable by such person in Civil Court. Section 357(1)(c) empowers the Court to award compensation out of the fine in death cases where the persons are entitled to recover the same under Fatal Accidents Act, 1855. Section 357(3) empowers the Court to award compensation to any person who has suffered loss or injury by reason of the act of the accused. Section 357(5) provides that at the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. The effect of these provisions is that the Court has to compute the compensation which the victims are entitled to claim against the accused under civil law. 148. In cases resulting in death, the multiplier method has b....
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.... a case where the deceased was aged 36 years working as a telephone operator earning Rs.7,500/- per month dies in a road accident leaving behind his widow and two children; first step would be to add 50% of the income as future prospects and total income for computation of compensation would be taken as Rs.11,250/-. Next step is to deduct 1/3rd towards the personal expenses which the deceased would have spent on himself and the loss of dependency of his family would be Rs.7,500/- per month. The annual loss of dependency of Rs.90,000/- is multiplied by the multiplier of 15 to compute the total loss of dependency as Rs.13,50,000/-. Compensation has to be added towards loss of love and affection, loss of consortium, loss to estate, medical expenses, emotional harm/trauma, mental and physical shock etc. and funeral expenses. Interim compensation 150. In Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490, the Supreme Court held that the Court has the right to award interim compensation and the jurisdiction to pay interim compensation shall be treated to be part of the overall jurisdiction of the Courts trying the offence. The relevant portion of the judgment is reproduced ....
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....subordinate judiciary. Rule 3 of Part B of Chapter 26 of Delhi High Court Rules empowers the High Court to transfer the cases on administrative grounds. To summarize, the High Court has both judicial as well as administrative power to regulate administration of justice. 153. Note 2 appended to the transfer order dated 13th March, 2020 issued by the High Court in exercising the aforesaid powers under the Constitution and the Code of Criminal Procedure is declared to be legal and valid. The contrary finding of the Division Bench relating to Note 2 in Jitender's case (supra) is overruled. 154. The ld. Addl. Sessions Judge was duly empowered to pronounce the judgment by virtue of Note 2 appended to the transfer order dated 13th March, 2020. The pronouncement of the judgment by ld. Addl. Sessions Judge is in terms of Section 353 CrPC. The delay in pronouncing the judgment is a mere irregularity and is hereby condoned. 155. Notwithstanding validity of Note 2, the impugned judgment is also protected by Sections 462 and 465 CrPC and the de facto doctrine. Victimology 156. Victims are unfortunately the forgotten people in the criminal justice delivery system. Victims are the ....
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....unt of compensation is to be determined by the Court depending upon gravity of offence, severity of mental and physical harm/injury suffered by the victim, damage/losses suffered by the victims and the capacity of the accused to pay. While determining the paying capacity of the accused, the Court has to take into consideration the present occupation and income of the accused. The accused can also be directed to pay monthly compensation out of his income. Financial capacity of the accused 169. Before awarding compensation, the Trial Court is required to ascertain the financial capacity of the accused. This Court has formulated the format of an affidavit to be filed by the accused after his conviction to disclose his assets and income which is Annexure-A hereto. Victim Impact Report 170. This Court has formulated the format of Victim Impact Report (VIR) to be filed by DSLSA in every criminal case after conviction. Victim Impact Report (VIR) shall disclose the impact of the crime on the victim. The format of the Victim Impact Report in respect of criminal cases, other than motor accident cases, is Annexure B-1. The format of Victim Impact Report in respect of motor acciden....
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....ion 357A CrPC to recommend the case to the Delhi State Legal Services Authority for award of compensation from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018. 179. In pending appeals/revisions against the order on sentence in which Section 357 CrPC has not been complied with, the Public Prosecutor shall file an application seeking a direction from the Court for directing the accused to file his affidavit of assets and income in the format of Annexure-A and directions to DSLSA to conduct a summary inquiry to ascertain the loss/damage suffered by the victim(s) and the paying capacity of the accused in the format of Annexures-B/B-1 in terms of Sections 357(4) CrPC in accordance with procedure mentioned hereinabove. 180. All the Courts below shall send a monthly statement to the Registrar General of this Court containing the list of cases decided each month. The list shall contain the name and particulars of the case; date of conviction; whether affidavit of assets and income has been filed by the accused; whether summary inquiry has been conducted to assess the compensation and determine the paying capacity of the accused; and compensation amount ....