Trial Courts Solely Responsible for Victim Compensation, Sets Aside Earlier Guidelines
- Case Name: Saif Ali @ Sohan v. The State GNCT of Delhi
- Judge(s): Justices Rekha Palli, Subramonium Prasad and Ors.
The five-judge bench of the Delhi High Court clarified that only trial courts, not the Delhi State Legal Services Authority (DSLSA), can compute and award victim compensation under Section 357 CrPC.
A five-judge bench ruled that delegating this duty to DSLSA violates the CrPC’s legislative scheme and the rights of the accused.
The Court also held that asking convicts to submit affidavits about their financial status violates constitutional rights due to the risk of self-incrimination.
Highlighting delays caused by procedural issues, the Court struck down previous guidelines issued by a three-judge Bench in 2020 and instructed trial courts to adopt a victim-centric approach, relying on inquiries without affidavits from convicts.
Pratham Dave
