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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
P.Krishnaveni – Appellant
Versus
The State represented by the Inspector of Police, Thiruvallur Town Police Station – Respondent
Crl.O.P.No.22051 of 2025
Based on the provided legal document, the key points are as follows:
Victim Compensation is Mandatory: The law mandates that victims of crimes, especially senior citizens, are entitled to compensation irrespective of the offender's identification or the outcome of the investigation. This obligation persists even if the offender remains untraceable (!) (!) .
Special Consideration for Senior Citizens: The case emphasizes the need to protect senior citizens who are particularly vulnerable to scams and thefts. The mental distress caused by such crimes can be significant, and the law recognizes their right to receive compensation to aid in their rehabilitation and emotional recovery (!) (!) .
Compensation Scheme and Quantum: The applicable schemes provide for compensation in cases where the offender is untraceable. In this case, considering the value of the stolen jewelry (valued at Rs.13,12,500/-), the court has awarded Rs.4,00,000/- as compensation, based on a minimum percentage of the loss value for senior citizens (!) (!) .
Procedure for Disbursement: The process involves deploying a para-legal volunteer to assist the victim in filling out the application, with the compensation to be disbursed via demand draft or direct bank transfer to the victim’s residence. The authorities are instructed to expedite this process, ensuring the victim receives the compensation within 12 weeks of the order (!) (!) .
Legal Obligation of the State: The law clarifies that the State's responsibility to provide compensation does not depend on the identification or prosecution of the offender. The obligation to compensate the victim remains, and courts are duty-bound to ensure such relief is granted, including interim relief where necessary (!) (!) .
Reimbursement Clause: If subsequent evidence leads to the recovery of stolen property, the victim is required to refund the compensation amount, ensuring the scheme's integrity (!) .
Policy Adaptation: The government is directed to consider framing additional clauses to specify compensation amounts for similar cases involving untraceable offenders targeting senior citizens, reflecting a victim-centric approach (!) .
These points collectively reinforce the principle that victim compensation is a fundamental right, especially for vulnerable groups like senior citizens, and that the legal framework supports swift and compassionate relief irrespective of the offender's traceability.
| Table of Content |
|---|
| 1. court directed police to file a final report for untraceable cases. (Para 1 , 4) |
| 2. petitioner, a senior citizen, was conned resulting in theft. (Para 2 , 3) |
| 3. emphasizes victim-centric approach in criminal law. (Para 5 , 6 , 7) |
| 4. victim compensation is mandatory even when the offender is untraceable. (Para 9 , 11) |
| 5. petitioner awarded compensation for loss and mental distress. (Para 12 , 15 , 18) |
ORDER
This Criminal Original Petition is filed to direct the respondent Police to file the Final Report in Crime No.488 of 2018, dated 06.08.2018.
2. The brief facts leading to the filing of this petition are that the petitioner, who is now 68 years old and was already a senior citizen in 2018, along with her senior citizen husband, Palani, on account of their age-related ailments, visited Santosh Lab to give blood samples for analysis on 06.08.2018, in the morning around 11:00 A.M. While there, some unknown persons called them to cross to the other side of the road. Those persons, behaving as if they were police officers, told them that chain snatching and jewellery thefts were happening in the area and warned them to keep all their jewellery safely in their bags. Believing them, the petitioner immediately removed her gold thali chain (7 1/2 sovereigns), two bangles (4 sovereigns), two rings (4 sovereigns), and kept them in her bag along with Rs.5,000/-, which was stolen by the gang that conned the senior citizens.
3. Under the said circumstances, a complaint was lodged with the respondent Police, and a case in Crime No.488 of 2018 was registered for the offence under Section 379 of the Indian Penal Code against unknown persons. The case was taken up for investigation. The petitioner filed this petition, complaining that even after seven years, the accused were not traced and the case remained unsolved.
4. When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) for the respondent stated that the case remains untraceable. Therefore, a Final Report is filed in e-filing No.LTN2022000257C202500612 on the file of the learned Judicial Magistrate No.I, Tiruvallur. It is submitted that the Final Report is filed as untraceable, with a liberty reserved to reopen the case if the respondent Police find any clue or receive any information in the future.
5. Seven years have passed. Therefore, no exception can be taken to the respondent Police's approach, as the First Information Report can no longer be kept pending. Additionally, they are granted the liberty to reopen and investigate the case because, in many such theft cases, when the accused is caught in another case, they belatedly confess to other cases. This liberty is granted by this Court and will also be granted by the Trial Court when passing final orders in the Final Report.
6. Be that as it may, I am unable to turn away my gaze and pass the formal orders alone. It is common knowledge that such scams are often targeted at senior citizens. Each of us involved in the system must put ourselves in the shoes of these senior citizens and handle the matter. There are various ways in which these unconscionable creatures deceive and defraud these helpless souls. Even the value of the property may sometimes be within their capability to withstand. But that is not the main issue. Even if they lose a few hundred rupees, it mentally affects them, shatters their psyche, and instils fear in them about the entire world. They have to look at everyone with suspicion. They are not energetic enough to follow up on the matter or run from pillar to post, except to regret themselves. This helpless situation causes great mental distress and, consequently, even physical ailments for these senior citizens. If the case remains untraceable, it adds to their misery.
7. Only to remedy these situations, the victim-centric approach in criminal jurisprudence is to be adopted by society. The object has categorically elevated from "Criminal Procedure" to "Nagarik Suraksha". The prim
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