Suggest Steps To Streamline System Of Preparing Victim Impact Report For Purpose Of Granting Compensation: Delhi High Court To DSLSA

The Delhi High Court on Tuesday asked the Member Secretary of Delhi State Legal Services Authority (DSLSA) to suggest steps in order to streamline the system of preparing victim impact report, used for assessing compensation and also for determining the financial capability of the accused persons.

A single judge bench comprising of Justice Mukta Gupta requested the Member Secretary to file a report before the next date of hearing while posting the matter for July 29.

The development came while the Court was hearing the bail plea of a man convicted by the Trial Court for offences under Sections 5 and 6 of the POCSO Act in October 2020. His sentencing order was delayed due to non-receipt of victim impact report from the DSLSA.

While the counsel appearing for the petitioner informed the Court that the sentencing order has been passed by the trial court, he stressed on the fact that the larger question pertaining to delay in receiving such reports must be addressed.

A report was filed by Mr. Kanwal Jeet Arora, Member Secretary, DSLSA in compliance of the Court's earlier order. The Court had sought report informing the time required to submit the Victim Impact Report which is essential for determining the compensation, order whereon, has to be passed while awarding sentence to an accused. Information was also sought about how many cases of assessment of Victim Impact Report were pending before the DSLSA.

In furtherance of this, the Court was apprised that the convict is given 10 days' time, immediately on pronouncement of the judgment, for filing an affidavit indicating his financial capability to pay the compensation. 

Moreover, it was also stated that in cases where the convict is not represented by a lawyer or is not given the copy of judgment, the time of 10 days is stretched thereafter.

After the affidavit is received by DSLSA, the SDM office has to submit the Victim Impact Report on the basis of additional material and information collected.

In view of this, it was submitted that 173 affidavits of convicts were received by DSLSA from Trial Courts seeking Victim Impact Report, out of which reports in 106 cases have been obtained and submitted to Courts. It was thereafter submitted that the reports in rest 67 affidavits will be expedited.

Hearing the said submissions, the Court ordered thus:

"Since the preparation of Victim Impact Reports would now be an on-going process, the Member Secretary, DSLSA is requested to prepare a further report as to the steps required to be taken to streamline the entire system so that the affidavits in respect of the financial capability of the accused and preparation of the reports take place in a time bound manner." 

The Court will now hear the matter on July 29.

Case Title: Saif Ali alias Sohan v. State NCT of Ddelhi

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