Probation Of Offenders Act | Before Granting Release, Courts Must Decide On Compensation To Be Paid To Victim By Accused: Patna High Court

The Patna High Court on Monday (August 5) refused to interfere with the decision of the trial court acquitting an accused and releasing them under the Probations of Offenders Act, 1958 (“1959 Act”) after finding that the decision of the trial court didn't suffer from illegality and was based on proper appreciation of law and evidence on record.

The Court said that before granting the benefit of early release of the convict under the 1958 Act it would be incumbent upon the trial court to take note of Section 5 of the 1958 Act to decide the quantum of compensation to be received by the victim from the convict.

In the present case, the respondents were acquitted of the offences committed under certain Sections of the IPC whereas convicted in other provisions of the IPC. However, the convicts were granted benefits under Section 3 of the Probation of Offenders Act and were directed to be released. In doing so, the trial court had not considered the question of granting compensation to the victim by the convicts.

Finding the approach of the trial court as erroneous, a bench comprising Justice Jitendra Kumar observed that before ordering the release of the accused under Section 3 of the Probation of Offenders Act the court ought to take note of Section 5 of the Act for the grant of compensation to the victim by the convict.

The wording of Section 5 of the Act of 1958 shows that while directing the release of an offender under Section 3 or 4 of the Act, the Trial Court can direct the offender to pay to the victims such compensation for loss or injury and such cost of the proceeding, which the Court may consider reasonable, the court said.

“It is also pertinent to note that there is no mandatory requirement of filing of any application on the part of the victim to get such compensation or cost of the proceeding. The Court can suo motu pass such direction against the convict in favour of the victims, if the Court is of the view that the victim deserves the payments of compensation and cost. Only precondition for such direction is that the offenders have been released under Section 3 or 4 of the Act of 1958.”, the court observed.

The Court added that “it is also required to be remembered that in the administration of criminal justice, victims should not be forgotten. Penalogy and victimology must go hand in hand to take care of the interest of the individual victims and the society at large.”

In terms of the aforesaid observation, the court ordered the convicts to grant compensation to the victim/informants.

Appearance:

For the Appellant/s : Mr. Vikas Ratan Bharti, Advocate Mr. Kumar Abhishek, Advocate Mr. Deepak Kumar, Advocate

For the State : Mr. Bal Mukund Prasad Sinha, APP For the Resp. No. 2 to 13: Mr. Devashish Giri, Advocate Mr. Sumit Kumar, Advocate

Case Details: Om Prakash Giri Versus The State of Bihar & Ors., CRIMINAL APPEAL (SJ) No.2813 of 2022

Citation: 2024 LiveLaw (Pat) 63

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