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Showing posts with the label Victim Rights

Supreme Court Expands Scope of ‘Victim’ Under Criminal Law

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Introduction: A Shift Towards Victim-Centric Criminal Justice In a significant ruling reinforcing victim rights in India’s criminal justice system, the Supreme Court has held that criminal revision proceedings do not automatically abate upon the death of the person who initiated them . The Court clarified that legal heirs or children of a deceased victim can continue such proceedings , provided they fall within the statutory definition of a “victim”. This judgment strengthens the victim-centric approach in criminal law and prevents substantive justice from being defeated by procedural technicalities. Factual Background of the Case The ruling arose from appeals filed by Syed Shahnawaz Ali , whose father had initiated criminal proceedings alleging that the accused had fabricated a sale deed to illegally claim ownership of his property . Key Facts: The trial court discharged the accused of several serious offences. The trial was permitted to continue only for the offence of cheating. Ag...

RIGHTS UNDER SC/ST ACT SHOULD NOT BE MISUSED: ALLAHABAD HIGH COURT OBSERVATION

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The Allahabad High Court has delivered an important order addressing the balance between the protection granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the need to prevent its misuse. While granting bail to two accused in a rape case, the Court underscored that the Act’s victim-centric provisions must not be abused. CASE BACKGROUND: NINE-YEAR DELAY IN FIR In the case before the Allahabad High Court, Justice Anil Kumar heard the bail applications of two appellants, Aznan Khan and Furkan Ilahi, accused of rape and offences under the SC/ST Act. The victim lodged an FIR in 2025 alleging offences that occurred in 2016. According to her statement, Furkan met her in 2016, took her to a hotel and then to the residence of co-accused Aznan Khan, where the alleged assault occurred. She stated that she remained silent for nearly nine years based on Furkan’s assurance that he would marry her. She further alleged continued physical r...

Indian-Origin Couple Penalised for Enslaving Domestic Worker in Australia: A Legal Analysis

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Background of the Case In a shocking case of modern-day slavery, an Indian-origin couple — Kandasamy Kannan (61) and Kumuthini Kannan (58) — has been ordered by an Australian court to forfeit the proceeds from the sale of their home and pay AUD 140,000 in combined penalties to the state. This fresh penalty comes in addition to their 2021 conviction for enslaving a woman from India for eight years . The case has drawn widespread attention for highlighting ongoing concerns about human trafficking, domestic servitude, and migrant worker exploitation under the guise of informal employment. Case History: Eight Years of Exploitation According to the Australian Federal Police (AFP) , the couple enslaved a woman who had entered Australia in 2007 on a one-month tourist visa. The victim, a domestic worker from Tamil Nadu , was promised a better life but instead endured eight years of severe physical and emotional abuse . Upon arrival in Melbourne, the couple took the woman’s passpor...

Delhi High Court: Video Recording of Bail Proceedings Mandatory Under SC/ST Act, Even in Sexual Offence Cases

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Delhi High Court: Video Recording of Bail Proceedings Mandatory Under SC/ST Act, Even in Sexual Offence Cases In a landmark ruling, the Delhi High Court held that video recording of bail proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is mandatory, even in cases involving sexual offences. The ruling was issued by Justice Vikas Mahajan while hearing the bail application of Laxmi Narayan, the accused in a highly sensitive Delhi minor rape and murder case. The case involved provisions from the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the SC/ST Act. Section 15A(10) of the SC/ST (Prevention of Atrocities) Act, 1989 The primary focus of the judgment was on Section 15A(10) of the SC/ST Act, which mandates that all proceedings under the Act, including bail hearings, must be video recorded. This provision is in place to protect the rights of victims, especially those belonging to marginalized commu...