The Rights of Victims and Witnesses

In one line

Sections 19 to 23 exclude probation and the benefit of section 360, give the Act overriding effect, impose the duty on the State to take measures, protect good faith action and confer the rule-making power, and section 15A confers rights on victims and witnesses.

Section 15A: the rights of victims and witnesses

Inserted by the 2018 amendment, and it should be given at length because it is the best provision on this paper.

15A(1): it shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependants and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.

15A(2): a victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age, gender, educational disadvantage or poverty.

15A(3): a victim or dependant shall have the right to reasonable, accurate and timely notice of any court proceeding, and shall be entitled to be heard at any proceeding in respect of bail, discharge, release, parole, conviction or sentence, and to make a plea regarding any such matter.

15A(4): a victim or dependant shall be entitled to receive a copy of any statement of a witness recorded during investigation or inquiry and a copy of the first information report at no cost.

15A(5): a victim or dependant shall be provided the services of an interpreter or a special educator where required, at no cost.

15A(6): the Special Court shall provide protection to the victim, dependants and witnesses, and may take measures including concealing the names and addresses of witnesses, issuing directions for non-disclosure of identity and addresses, taking immediate action in respect of any complaint relating to harassment, and directing the State to protect them from social boycott, discrimination or any form of intimidation.

15A(7): it shall be the duty of the Investigating Officer and the Station House Officer to inform the victim of the date, place and time of any proceeding, and the victim shall be entitled to be present at every proceeding.

15A(8): a victim or dependant shall have the right to take assistance from a Non-Government Organisation, social worker or advocate.

15A(9): the Special Public Prosecutor shall inform the victim about any proceedings, consult them on any matter, and take due care that the case is not compromised.

15A(10): a victim or dependant shall be entitled to receive relief in cash or in kind at each stage of investigation and trial within seven days.

15A(11): a victim or dependant shall be entitled to be given a copy of the judgment and to receive compensation as provided.