Victims of crimes are entitled to compensation under Section 357A of the Criminal Procedure Code, regardless of when the crime occurred, reflecting the duty of courts to ensure justice for victims.

ORDER :

G.K. ILANTHIRAIYAN, J.

1. This writ petition has been filed to quash the order bearing reference No.800/UTPLSA/2017-18 dated 3/4-8-2017 issued by the third respondent and consequently to direct the respondents to comply with the provisions of Section 357 -A of the CRIMINAL PROCEDURE CODE and grant victim assistance to the petitioner with all attendant benefits.

2. After filing the writ petition, the petitioner came to understand that the request of the petitioner before the prison authorities was rejected by the order dated 04.08.2017. Therefore, the petitioner filed petition to amend the prayer and the same was allowed. Accordingly, the petitioner is challenging the order dated 04.08.2017 passed by the third respondent and also seeking direction to the respondents to comply with the provisions of Section 357A of Cr.P.C and to grant victim assistance to the petitioner.

3. The case of the petitioner is that she is one of the daughters of one, Abhimannan Prakash, a life convict who was punished for having murdered the petitioner and her sister's mother. In pursuant to the said crime, FIR was registered in crime No.221 of 2003. In pursuant to the registration of FIR, investigation was completed and filed final report and the same had been taken cognizance in SC.No.11 of 2005 for the offence punishable under Section 302 of IPC. By the judgment dated 25.03.2009, he was convicted for the offence punishable under Section 302 of IPC and sentenced him to life. Their mother was murdered and their father is incarcerating imprisonment in Central Prison, Kalapet. They were under the care and custody of their maternal grandmother who also recently passed away. They came to know that a portion of wages in the prison of their father is deducted for being paid to the victims affected by the crime. Therefore, the petitioner and her sister being the victims, are entitled to receive the said amount. Therefore, they approached the second respondent, but of no avail. By an order dated 23.05.2017, they have to approach the court as per Section 2(2) of Section 357A of Cr.P.C. to get victim assistance. However, the petitioner approached the third respondent. Their claim was rejected on the ground that the Puducherry Victim Assistance Scheme, 2012 came into force on 07.02.2013, whereas the claim made by the petitioner with regard to the occurrence happened in the year 2003. Therefore, the scheme could not be invoked for ordering payment of assistance as it is barred. Further stated that these very principles apply in the case of an amendment in a Statute. If the amendment intends to create a substantial right or if it affects the vested right, it shall ordinarily be prospective in nature though an amendment in the procedural law like relating to form and limitation can be applied retrospectively.

4. Therefore, the petitioner approached the Legal Services Authority of this Court and the learned counsel Mr.C.K.Chandrasekkar has been nominated to file this writ petition. He submitted that delay in filing is due to genuine difficulties faced by the petitioner and her sister. Further, lack of funds to conduct litigation is also one of the main reasons. The victim assistance is part of Article 21 and right to life. It is guaranteed under Section 357A of Cr.P.C. as well. Therefore, directing the petitioner to approach the court itself is arbitrary and unconstitutional. In fact, the petitioner and her sister deposed before the court of law against their father and he was convicted and claimed compensation under Section 357A of Cr.P.C.

5. The second respondent filed counter, which revealed that the provision under Section 357A of Cr.P.C. came into force only with effect from 31.12.2009. The Puducherry Victim Assistance Scheme, 2012 came in