Under the SC / ST Act, the ‘victim’ includes the parents and family members of the person against whom the crime took place: Karnataka High Court
The Kalburgi bench of the Karnataka High Court on Tuesday said that under the SC / ST Harassment Act, the victim also includes the parents and family members of the person against whom the crime has been committed. The court stated that the definition of “victim” under the Act is quite broad. If a person has suffered any physical, mental, psychological, emotional, or financial harm due to a crime, then he himself, his parents, family members also fall under the category of a victim under the said definition of ‘victim’.
In view of this, a bench of Justice Hanchete Sanjeev Kumar issued the following guidelines:
Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the victim or his or her dependents have the right to participate in the proceedings under this Act is. The special court hearing the case will arrange to provide legal assistance to the District Legal Services Authority to the victim or his dependents.
The petitioner-accused had stated in his plea that the mother of the victim need not be made a party in this case. The bench said that Section 15-A (5) of the Act gives the victim or his or her dependent the right to attend the hearing of the case. The court said that the victim or his / her dependent has the right to present his / her case in the court and thus the victim or his / her dependent has the right to participate in the case not only in the case but also in the proceedings of release or acquittal.
Regarding the comparison of Sections 15-A (3) and 15A (5) of the Act, the Bench said that under 15-A (3), the Special Public Prosecutor has a duty to the State on behalf of the victim whereas in 15A (5) Gives the victim or witness the right to attend any hearing.
Who is a victim under SC / ST Act?
Under Section 2 of the Act, any person who comes under the SC / ST Act, who has suffered physical, mental, psychological, emotional, or monetary loss or damage to his assets. The court stated that the informant in the present case is the mother of the injured person and is, therefore “definitely” a victim. The court said that the minor who gave the first information is the mother of the boy, who got hurt due to the attack by the petitioner and other accused.
Therefore, under the SC / ST Act, victims and witnesses have certain rights. The court said that members of the SC / ST group have the right to receive free legal services. Legal service means not only legal advice but also the help of a lawyer.
Brief of Matter:
The petitioner-accused attacked a 14-year-old boy with an ax. These people also abused this boy on the basis of his caste.
Considering the seriousness of the case, the court said that it is not an opinion to release the accused on bail because if he is released there is a possibility that he may threaten the victim, his parents and also tampering with the evidence. And he is also likely to go missing and thus he will be out of the custody of justice.
Regarding the delay in filing an FIR, the court said that there can be many reasons for this, but this can be taken care of only during the full hearing of the case but only on the ground that there has been a delay in filing the case, accept the petition It cannot be done, because it can be considered only during the plenary hearing on the basis of facts, not at this time.