Legal Analysis of Victim Compensation in Anticipatory Bail Proceedings

The matter in this case is one step further as it is not a payment of money/deposit of money as a condition of grant of anticipatory bail but the direction is to pay interim victim compensation in the proceedings for anticipatory bail. Looking back on the aspect of victim compensation we may note that in 1960s the ‘victimology’ movement made way for monetary compensations offered an incentive to governments by linking such compensation to victims’ cooperation in the pursuit of criminal prosecutions. Sub-section (4) also provides for the appellate court or the High Court or Court of Sessions to direct payment of compensation when exercising its power of revisions. The High Court’s direction to the accused for deposit of compensation for the legal heirs of the deceased (victim), as a condition for the bail cannot be sustained and, thus, logically set aside.

Also Read: https://newslaw.in/supreme-court/selection-and-appointment-of-judicial-officers-in-himachal-pradesh/

Case Title: TALAT SANVI Vs. STATE OF JHARKHAND (2023 INSC 80)

Case Number: Crl.A. No.-000205-000205 / 2023

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