AIR Law Lines - Point Extract
(B)
Criminal
Criminal Laws (procedure)
Compensation
Compensation To Acid Attack Victim - Entitlment
— West Bengal Victim Compensation Scheme 2017 is beneficial legislation introduced for benefit of victims of crime. Beneficial legislation being time neutral, cannot distinguish between victims of crime happening prior to introduction of statute with incidents of crime happening post its introduction. No intelligible differentia in treatment of victims contemplated, for specified crimes on basis of time of occurrence. Requirement of State to extend compensation for loss and injury suffered by victim is irrespective of time of occurrence.
(A)
Criminal
Criminal Laws (procedure)
Compensation
Compensation To Acid Attack Victim - Delay In Filing Application - Entitlment
— West Bengal Victim Compensation Scheme of 2017 not specifying, any cut-off-date for entitlement vis-a-vis-commission of offence. Adjudicating Authority needed to decide sufficiency of reasons shown by victim, for delay in filing application. Right of victim under Scheme, cannot be negated. District Legal Service Authority directed to forward application made by victim to Appropriate Authority under Scheme of 2017 for determination of compensation.
AIR Law Lines - Point Extract
(B)
Criminal
Criminal Laws (procedure)
Compensation
Compensation To Acid Attack Victim - Entitlment
— West Bengal Victim Compensation Scheme 2017 is beneficial legislation introduced for benefit of victims of crime. Beneficial legislation being time neutral, cannot distinguish between victims of crime happening prior to introduction of statute with incidents of crime happening post its introduction. No intelligible differentia in treatment of victims contemplated, for specified crimes on basis of time of occurrence. Requirement of State to extend compensation for loss and injury suffered by victim is irrespective of time of occurrence.
(A)
Criminal
Criminal Laws (procedure)
Compensation
Compensation To Acid Attack Victim - Delay In Filing Application - Entitlment
— West Bengal Victim Compensation Scheme of 2017 not specifying, any cut-off-date for entitlement vis-a-vis-commission of offence. Adjudicating Authority needed to decide sufficiency of reasons shown by victim, for delay in filing application. Right of victim under Scheme, cannot be negated. District Legal Service Authority directed to forward application made by victim to Appropriate Authority under Scheme of 2017 for determination of compensation.
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