1. Interpretation of Section 23 POCSO Act, Section 3 Contempt of Courts Act, and Section 228A IPC — Formulation of Victim Compensation and Witness Protection Schemes. (Para 1 , 2 , 3 )
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2018 Supreme(SC) 1695
SUPREME COURT OF INDIA
MADAN B. LOKUR, S. ABDUL NAZEER, DEEPAK GUPTA, JJ.
Nipun Saxena & Anr - Petitioner
Versus
Union of India & Ors - Respondent
Writ Petition(s)(Civil) Nos. 565 of 2012
Decided On : 10-08-2018
Important Points
Emphasis on finalizing the Victim Compensation Scheme for Women and children and considering the Witness Protection Scheme prepared by NALSA.
Subject
Criminal Law - Victim Compensation and Witness Protection
Act Referred
Headnote
Section 23 - POCSO Act, Section 3 - Contempt of Courts Act, 228A - IPC - Interpretation and Victim Compensation Scheme
Fact of the Case:
The court listed the matters for arguments on the interpretation of Section 23 of the POCSO Act, Section 3 of the Contempt of Courts Act, and 228A of the IPC, as well as the submissions on the Victim Compensation Scheme.
Finding of the Court:
The court directed the finalization of the Victim Compensation Scheme for Women and children, considered an application filed by the People’s Movement against Sexual Assault, and instructed the Committee to make necessary changes. The Witness Protection Scheme prepared by NALSA will also be considered on the next date of hearing.
Issues: Interpretation of Section 23 of the POCSO Act, Section 3 of the Contempt of Courts Act, and 228A of the IPC, and finalization of the Victim Compensation Scheme.
Ratio Decidendi: The court emphasized the need for finalizing the Victim Compensation Scheme for Women and children and considering the Witness Protection Scheme prepared by NALSA.
Final Decision: The matters were listed for arguments on the interpretation of specific legal provisions, and directions were given for the finalization of the Victim Compensation Scheme and consideration of the Witness Protection Scheme.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
Ms. Indira Jaising, Sr. Adv. (A.C.) Mr. P.S. Tripathi, AOR Ms. Ajita Sharma, Adv. Ms. Aanchal Singh, Adv. Ms. Sangeeta Madan, Adv.
Advocate Appeared:
Ms. Indira Jaising, Sr. Adv. (A.C.) Mr. P.S. Tripathi, AOR Ms. Ajita Sharma, Adv. Ms. Aanchal Singh, Adv. Ms. Sangeeta Madan, Adv.
Table of Contents
2. Guidelines for compensation for sexual assault on children should be prepared in alignment with the existing Victim Compensation Scheme for Women. (Para 2 )
3. Matters listed for arguments on statutory interpretations — Committee directed to review and align victim compensation guidelines — Witness Protection Scheme to be considered. (Para 1 , 2 , 3 , 4 )
ORDER :
1. List the matters on 05.09.2018 for arguments on the written submissions submitted by the learned Amicus on the interpretation of Section 23 of the POCSO Act, Section 3 of the Contempt of Courts Act and 228A of the IPC as well as the submissions on the reasons for the Victim Compensation Scheme that has been framed.
2. As far as finalization of the Victim Compensation Scheme for Women and children is concerned, there is an application filed by the People’s Movement against Sexual Assault. The Committee may look into this and make changes, if necessary. The Committee should also prepare guidelines for compensation for sexual assault on children in line with the scheme prepared under Victim Compensation Scheme for Women.
3. The Witness Protection Scheme prepared by NALSA in consultation with the Ministry of Home Affairs will also be considered on the next date of hearing.
4. Liberty to file written submissions.
