UNIT 4

1. Restitution [3 times]

Restitution, an ancient legal concept originating from the Middle Ages and prevalent in Germanic
Common laws, involves restoring benefits to their rightful recipients when obtained wrongly due to a
court's erroneous decree or order. Although not explicitly defined in the Civil Procedure Code, it entails
returning unfairly taken items to their rightful owners. This principle is recognized in Sections 144 and
11 of the CPC, which uphold the doctrine of res judicata, preventing matters already adjudged from
being revisited. In essence, restitution aims to restore items lost or stolen to their rightful owners,
serving as a legal action to restore a previous state.

Evolution - Restitution, rooted in the principle of preventing unjust enrichment, has ancient origins
dating back to the Middle Ages, particularly in Germanic Common laws. The Oxford English Dictionary
defines it as the act of returning something to its rightful owner. Etymologically, it signifies restoring to
a party what was lost due to a modification, variation, or reversal of a court decree or order. Black's Law
Dictionary elaborates on three senses of the term: the return or restoration of specific property,
compensation for benefits obtained from wrongdoing, and reparation for losses caused to another. While
the Indian Code of Civil Procedure does not explicitly define "restitution," it finds statutory recognition
in Section 144.

Doctrine of restitution - The doctrine of restitution implies to brings the aggrieved party to the original
position where the benefit of the erroneous judgment of the court is received by the other party who was
not entitled to such benefit. Restitution is not a new concept and Section 144 merely gives statutory
recognition of this principle. Section 144 of CPC deals with the application for restitution.
Section 144 states that: - When a decree or order of the Court has been:

● varied/reversed in any appeal, revision or other proceedings;

● is set aside/ modified in any suit instituted for that purpose.

The Court that passed the decree/order will grant restitution on receiving an application of the
party entitled to the benefit.

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The scope of restitution under Section 144 - The scope of restitution under Section 144 of the Civil
Procedure Code is broad and expansive, extending beyond the specific provisions outlined within the
section itself. While Section 144 does not establish new substantive rights, it regulates the court's
authority to grant restitutionary relief. This ensures that litigants are not unjustly deprived of their rights
and allows for the swift dispensation of justice.

Moreover, the discretionary power vested in the court enables it to grant restitution even in cases that do
not strictly meet the criteria laid out in Section 144. The overarching goal of the doctrine is to expedite
litigation and provide timely relief to affected parties, thus advocating for a liberal interpretation of the
provision.

Supreme Court rulings, such as Kavita Trehan v. Balsara Hygiene Products Ltd., highlight the
expansive application of restitution, encompassing claims of unjust enrichment under any law or
equity.

Additionally, Section 151 of the CPC supplements the provisions of Section 144 by granting courts
inherent power to order restitution. This has been exemplified in cases like Ram Rattan v. Banarsi Lal,
where the court ordered restitution under Section 151 despite the inapplicability of Section 144.

Furthermore, the Allahabad High Court, in Jogendra Nath Singh v. Hira Shahu, has expanded the
scope of Section 144 to cover situations where a decree is set aside in a separate suit or by the court
itself, a position reaffirmed by the 1976 Amendment Act.

In summary, Section 144 operates within the framework of equity and serves as a mechanism to ensure
justice for all parties involved in litigation. The court's authority to grant restitution, coupled with its
inherent powers and the expansive interpretation of the provision, underscores the importance of
restitution in the civil justice system.

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2. Explain briefly the criminal injuries compensation schemes with reference to United Kingdom
[6 times] (CHATGPT)

Introduction: The Criminal Injuries Compensation Scheme (CICS) is a crucial component of the UK's
legal framework, providing support and compensation to individuals who have suffered injuries due to
violent crimes. Established with the aim of alleviating the financial and emotional burdens faced by
victims, the scheme has evolved over time to better address the needs of those affected by criminal acts.

Built on the principle of collective responsibility, the CICS recognizes that victims of crime should not
bear the full weight of the aftermath alone. Instead, it endeavors to ensure that individuals receive the
assistance they require to recover and seek justice, irrespective of their background or circumstances.
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Eligibility Criteria:

● Injury Requirement: Victims must have sustained injuries directly resulting from a violent crime.
This includes physical harm, such as assault injuries, as well as psychological trauma resulting
from incidents like domestic violence or sexual assault.
● Reporting to Authorities: Timely reporting of the crime to the police is crucial for eligibility.
Victims must cooperate with law enforcement agencies during the investigation process.
● Geographical Coverage: The scheme applies to victims of violent crimes reported to the police in
England, Scotland, or Wales.
● Nationality and Immigration Status: Eligibility extends to victims regardless of their nationality
or immigration status.

Types of Compensation:- Under the Criminal Injuries Compensation Scheme (CICS) in the United
Kingdom, several remedies are available to victims who have suffered injuries as a result of violent
crimes:
● Financial Compensation: Victims may receive financial compensation to cover various losses
and expenses incurred as a result of the injury, including medical expenses, loss of earnings, and

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 pain and suffering. The amount of compensation awarded depends on the severity of the injury
and its impact on the victim's life.
● Special Damages: In addition to general compensation for pain and suffering, victims may also
receive special damages to cover specific financial losses, such as medical bills, rehabilitation
costs, and funeral expenses in cases of death.
● Loss of Earnings: Victims who are unable to work due to their injuries may receive
compensation for loss of earnings, including both past and future loss of income. This aims to
alleviate the financial strain caused by the inability to work and support oneself or one's family.
● Rehabilitation Support: The scheme may provide funding for rehabilitation services aimed at
helping victims recover from their injuries and regain independence. This could include
physiotherapy, counseling, or vocational training to assist victims in returning to work.
● Bereavement Payments: In cases where a victim dies as a result of a violent crime, their
dependents may be entitled to bereavement payments to help alleviate the financial hardship
caused by the loss of a loved one.
● Travel Expenses: Victims may be reimbursed for reasonable travel expenses incurred as a result
of the injury, such as transportation to medical appointments or court hearings related to their
case.
● Special Needs: Victims with special needs or disabilities may receive additional support and
compensation to accommodate their unique circumstances and ensure they have access to the
resources they require for recovery.

These remedies are designed to provide comprehensive support to victims of violent crimes, addressing
both their immediate and long-term needs while striving to alleviate the physical, emotional, and
financial burdens caused by their injuries.

Application Process:

● Submission of Application: Victims apply for compensation through the Criminal Injuries
Compensation Authority (CICA) by completing detailed application forms available online or
through postal services.

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 ● Supporting Documentation: Applicants must provide supporting documentation, including
medical records, police reports, witness statements, and any other relevant evidence.
● Evaluation and Decision Making: The CICA assesses each application individually,
considering the circumstances of the crime and the injuries sustained by the victim. The decision
to award compensation and the amount awarded are based on the evidence provided and the
scheme's eligibility criteria.
● Appeals Process: Dissatisfied applicants have the right to appeal CICA decisions within a
specified timeframe. Appeals are reviewed by independent tribunals or panels, which reconsider
the case and make final determinations.

Payment of Compensation:

● Direct Payments: If compensation is awarded, the CICA arranges direct payments to the victim.
● Special Arrangements: Special arrangements are made for victims who are unable to manage
their own affairs, such as minors or individuals lacking mental capacity.

Conclusion: - The Criminal Injuries Compensation Scheme serves as a vital mechanism for supporting
victims of violent crime in the UK. Through a thorough application process, fair assessment procedures,
and avenues for appeal, the scheme aims to alleviate financial burdens and aid in the recovery of
individuals affected by criminal acts.

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3. Explain the remedies available to victims in North America. [3 times] (CHATGPT)

In North America, victims of crime have access to a range of remedies aimed at addressing the harm
they have suffered. These remedies are crucial in providing support, compensation, and a sense of
justice to victims. Let's explore each of these remedies in detail:

● Victim Compensation Programs: Many states and provinces across North America have
established victim compensation programs. These programs are designed to provide financial
assistance to victims of violent crimes who have suffered physical, emotional, or financial harm.
Victims can apply for compensation to cover expenses such as medical bills, counseling services,
funeral costs, lost wages, and rehabilitation expenses. The eligibility criteria for these programs
vary by jurisdiction, but they generally require victims to report the crime to law enforcement
and cooperate with the criminal justice process.

● Restitution Orders: Courts in North America have the authority to order offenders to pay
restitution to their victims as part of their sentencing. Restitution is intended to compensate
victims for the financial losses they have incurred as a direct result of the crime. This can include
expenses such as property damage, medical bills, counseling services, and lost income.
Restitution orders are based on the actual financial harm suffered by the victim and are separate
from any fines or penalties imposed on the offender.

● Victim Impact Statements: In many jurisdictions in North America, victims have the right to
submit victim impact statements to the court during the sentencing phase of criminal
proceedings. These statements allow victims to describe the physical, emotional, and financial
impact of the crime on their lives and the lives of their loved ones. Victim impact statements
provide an opportunity for victims to be heard and for the court to understand the full extent of
the harm caused by the crime. They can also influence sentencing decisions by helping judges
understand the consequences of the offender's actions.

● Victim Services Programs: Victim services programs are available in many communities across
North America to provide support and assistance to victims of crime. These programs offer a

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 wide range of services, including crisis intervention, counseling, court accompaniment,
information and referrals, and assistance with applying for victim compensation. Victim
advocates work closely with victims to ensure their rights are protected throughout the criminal
justice process and to provide ongoing support as needed.

● Protection Orders: Victims of domestic violence, stalking, or harassment can seek protection
orders from the court to prevent further harm. These orders, also known as restraining orders or
no-contact orders, legally require the offender to stay away from the victim and cease all contact.
Protection orders can include provisions such as prohibiting the offender from contacting the
victim in person, by phone, or through electronic means, as well as requiring the offender to stay
a certain distance away from the victim's home, workplace, or school. Violating a protection
order is a criminal offense punishable by fines, imprisonment, or both.

● Restorative Justice Programs: Restorative justice programs offer an alternative approach to

addressing the harm caused by crime. These programs bring together victims, offenders, and
community members in a facilitated dialogue to discuss the impact of the crime, repair the harm
done, and find ways to hold the offender accountable while promoting healing and reconciliation.
Restorative justice emphasizes repairing relationships, addressing the underlying causes of
criminal behavior, and empowering victims to play an active role in the resolution process. These
programs can take various forms, including victim-offender mediation, community conferencing,
and restorative circles.

Overall, the remedies available to victims in North America are aimed at addressing their immediate
needs, providing financial compensation, ensuring their voices are heard in the criminal justice process,
and promoting healing and restoration. These remedies play a crucial role in supporting victims on their
journey toward recovery and justice.

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4. Role of victims in crime.

It was the impact of the UN Declaration of Justice for Victims of Crime and efforts of the Malimath
Committee that after so long in 2008 the Code has introduced the definition of ‘victim’. Section 2
(wa) of the Code defines ‘victim’ as a person who has suffered any loss or injury caused by reason of
the act or omission for which the accused person has been charged and the expression ‘victim’
includes his or her guardian or legal heir.

Role of victim in Pre Trial Process:

In the pre-trial process, the role of the victim is pivotal in initiating legal proceedings and seeking
justice for the crime they have endured.

Firstly, after being victimized, the initial encounter of the victim is typically with the police, which
significantly shapes their perception of the entire criminal justice system. According to Clause 4 of
the UN Declaration, victims are entitled to be treated with compassion and have their dignity
respected. They should also have prompt access to state machinery to report their grievances.

Under the Code of Criminal Procedure, victims or informants of cognizable offenses have the right
to provide information to the police, which must be reduced to writing as per Section 154. The
victim or informant is required to sign the report and obtain a copy of the First Information Report
(FIR).

However, challenges arise as the police often lack the necessary sensitivity to understand the trauma
experienced by victims of crime. Additionally, there are instances where the police show reluctance
in lodging the FIR, further exacerbating the victim's plight.

To address these issues, legislative measures such as Section 166A(c) in the Indian Penal Code have
been introduced, making it obligatory for police officers to register FIRs in offenses against women.
Failure to comply can result in punishment, including imprisonment and fines. Similar provisions

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exist in special legislation like the Protection of Children against Sexual Offenses Act, 2012
(POCSO Act).

Moreover, the Supreme Court's ruling in Lalita Kumari v. Govt. of U.P. mandates the mandatory
registration of FIRs in all cognizable cases. Departmental action must be taken against officers who
fail to register FIRs. Alternatively, victims or complainants have the option to directly approach the
Magistrate and file a complaint, initiating proceedings on such complaints.

In essence, the victim's role in the pre-trial process is crucial in ensuring that their rights are upheld,
grievances are addressed promptly, and justice is pursued effectively within the criminal justice
system.

Special reporting procedure for victims of sexual offences:

The special reporting procedure for victims of sexual offenses, particularly women who are victims
of offenses like acid attacks, sexual harassment, or rape, aims to ensure their comfort, security, and
access to justice. Here's how the procedure works:

● Recording by Woman Police Officer: If a woman alleges that she has been a victim of one of
the specified offenses, the information she provides under section 154 of the Code of Criminal
Procedure is recorded by a woman police officer or any woman officer. This provision is made to
create a more comfortable environment for the victim to report the crime, considering the
sensitive nature of the offenses involved.
● Recording for Mentally or Physically Disabled Victims: In cases where the victim is
temporarily or permanently mentally or physically disabled, the information is recorded by a
police officer, but at the residence of the woman or at a place of her choice that is convenient for
her. This provision is crucial to accommodate the specific needs and challenges faced by
disabled victims, ensuring they can report the crime in a manner that is accessible and
comfortable for them.
● Presence of Interpreter or Special Educator: During the recording of information from
mentally or physically disabled victims, the procedure mandates the presence of an interpreter or

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 a special educator. This is to facilitate effective communication and ensure that the victim's
account is accurately understood and documented.
● Videographing of the Recording: To further enhance transparency and accountability, the
recording of information from victims of sexual offenses, particularly those who are disabled, is
videographed. This measure helps preserve the integrity of the recording process and can serve
as valuable evidence in subsequent legal proceedings.

Overall, these special reporting procedures are designed to empower victims of sexual offenses,
particularly women and those with disabilities, by providing them with a supportive and accessible
environment to report crimes and seek justice. By addressing the unique needs and challenges faced
by these victims, the criminal justice system aims to ensure that their voices are heard and their
rights are upheld effectively.

Victim’s role in investigation process:

In the investigation process of a crime, the role of the victim is not as active or defined as one might
expect. Here's a breakdown of the victim's role in the investigation process:

● Exclusivity of Police Function: The investigation process is solely the responsibility of the
police, and there is no legal requirement for them to involve victims in this process. Whether
victims are included in the investigation depends entirely on the discretion and judgment of the
investigating authorities.
● Limited Participation: Victims do not have an inherent right to seek information about the
progress of the investigation until the charge sheet is filed. They are also not allowed to offer
suggestions regarding the investigation process. Essentially, victims have little to no input or
influence on how the investigation is conducted.
● Lack of Recognition: The stage between the filing of the First Information Report (FIR) and the
submission of the police report or charge sheet does not recognize the participation of crime
victims at all. This period is often when victims require the most assistance, but unfortunately,
the law does not address this need.

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● Notification of Decisions: If a police officer decides not to investigate a case for any reason,
they are required to notify the informant (usually the victim) of their decision. This notification
ensures transparency in the process and allows victims to understand why their case may not be
pursued further by the authorities.
● Right to Receive Notice: In cases where the police file a closure report under section 169 or
where the Magistrate decides not to take cognizance of the offense based on a police report
submitted under section 173, the victim has the right to receive notice. This notification ensures
that victims are informed of significant developments in their case and have the opportunity to
take appropriate action.
● Protest Petition: If the investigating officer files a closure report and the victim disagrees with
it, they have the option to file a protest petition before the Magistrate. The Magistrate may then
take cognizance of the case based on this petition, allowing victims to challenge the closure of
their case if they believe it is unjust.

Overall, while victims have certain rights in the investigation process, such as receiving notice of
key decisions and the opportunity to challenge closure reports, their role is largely passive, and they
have limited influence on how their case is investigated and prosecuted.

The role of the victim in participating in the trial process

The role of the victim in participating in the trial process is unfortunately quite limited compared to
the fundamental rights afforded to the accused. Here's an explanation of the victim's rights and
limitations in the trial process:

● Limited Participation: Unlike accused persons who have the fundamental right to legal
representation, victims are not allowed direct participation in the trial. They are primarily seen as
informants who initiate the criminal justice process.
● Role as Prosecution Witness: Victims' roles are mainly confined to that of prosecution
witnesses. The prosecution is conducted by a state-appointed prosecutor, and victims have no
authority over the prosecution's conduct.

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● Role of Victim's Pleader: While victims can appoint a pleader (lawyer) to represent them, the
pleader's role is limited. They must act under the directions of the public prosecutor and require
prior permission from the court. The pleader may submit written arguments after the closure of
evidence in the trial.
● No Right to Lead Evidence: Victims do not have the right to lead evidence, cross-examine
witnesses, or advance arguments to influence decision-making during the trial. Their
participation is primarily passive.
● Notification of Proceedings: Victims have the right to receive notice in certain instances, such
as when the police file a closure report or when the Magistrate decides not to take cognizance of
the offense. They may also challenge closure reports by filing a protest petition before the
Magistrate.
● Scope of Prosecution by Private Individuals: In Sessions Court, prosecution is conducted by a
Public Prosecutor, and private individuals are generally not allowed to conduct prosecution. This
ensures fairness to the accused and prevents the trial from becoming a contest between the
private party and the accused.
● Provisions for Plea Bargaining: Victims have the right to participate in plea bargaining
proceedings and must be served with notice to participate in meetings to work out a mutually
satisfactory disposition of the case, including payment of compensation.
● Limited Role in Bail Proceedings: While victims have substantial interests in bail proceedings,
they are not required to be heard by the court. They may invoke section 439(2) for the
cancellation of bail but must move through the public prosecutor.
● Limited Say in Prosecution Withdrawal: Victims have no say in cases where the prosecutor
decides to withdraw from prosecution. Section 321 of the Code allows the prosecutor to
withdraw from prosecution generally or in respect of any one or more offenses without the
victim's right to challenge the decision at the trial stage.

Overall, the victim's role in the trial process is mainly passive, and their rights are often not as
extensive or enforceable as those of the accused.

The victim's right to appeal

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The victim's right to appeal has evolved over time, with significant amendments made to the Code of
Criminal Procedure in 2008. Here's an explanation of the victim's right to appeal and the associated
issues:

● Expansion of Rights: Prior to 2008, only the State and complainants could challenge
acquittals or convictions in appeals. However, an amendment introduced a proviso to section
372 of the Code, granting victims the right to appeal under certain circumstances:

○ Against the acquittal of the accused.

○ Against conviction for a lesser offense.
○ For inadequate compensation.

● Limitations of the Proviso: Notably, victims do not have the right to appeal for the
enhancement of a sentence, which remains the prerogative of the State under section 377 of
the Code. Appeals by victims are directed to the court where an appeal ordinarily lies against
the order of conviction.

● Unresolved Issues: Despite the amendment, several issues regarding the application of the
victim's right to appeal remain unanswered, leading to judicial scrutiny:

○ Requirement of leave for appeal under section 378 of the Code.

○ Independence or subservience of the victim's right to the State's right in matters of
appeal.
○ Procedure for victims who are also complainants, regarding the need for special
leave under section 378(4) or direct filing of an appeal under the proviso to
section 372.

● Judicial Interpretation: Various High Courts have attempted to clarify these doubts. The
Delhi High Court, for instance, concluded that the proviso is not an exception but a
stand-alone provision, dispensing with the requirement of leave if the victim is appealing.

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 Additionally, if the victim is unable to appeal due to trauma or disability, others affected by
the harm can appeal on their behalf.

● Supreme Court Decision: However, the Supreme Court, in the case of Satya Pal Singh v.
State of M.P., disagreed with the interpretation of the Delhi High Court. It emphasized that
the proviso to section 372 must be read in conjunction with the main enactment and other
relevant provisions.

● Current Status: As a result of the Supreme Court's decision, victims seeking to appeal must
obtain leave from the High Court before proceeding with their appeal.

Overall, while the 2008 amendment expanded the victim's right to appeal, unresolved issues and
conflicting judicial interpretations highlight the need for further clarity and consistency in the
application of these provisions.

Victim Compensation Scheme

Victim’s right to compensation is governed by Sections 357, 357A, and 357B of the Code of
Criminal Procedure, which aim to provide relief to victims of crime. Here's an explanation of these
provisions and their implications:

Section 357 and its Limitations:

● Section 357(1)(b) grants courts discretion to divert fines imposed on the accused as
compensation for victims' losses or injuries.
● Compensation can only be awarded upon conviction and sentencing of the offender.
● The court may order compensation even when fine is not part of the sentence.
● However, courts often view compensation as token relief rather than substantial
restitution.

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 ● Limitations include the requirement for the offender to have financial resources to meet
the compensation and the suspension of payment during the appeal period.

Introduction of Section 357A:

● Section 357A, introduced in 2008, addresses the shortcomings of Section 357.

● It allows for compensation from the State fund, even if the accused is not identified or
convicted.
● Courts can recommend compensation when it's deemed inadequate under Section 357 or
in cases of acquittal/discharge where victim rehabilitation is needed.

Victim Compensation Scheme:

● Each state government is mandated to prepare a victim compensation scheme in

coordination with the Central Government.
● The scheme is administered by the District/State Legal Services Authority.
● Analysis shows that compensation amounts vary based on the nature of the offense, but
they're often insufficient.

Judicial Interventions:

● The Supreme Court, in cases like Laxmi vs. Union of India, has criticized the inadequacy
of compensation amounts, particularly for victims of acid attacks.
● The court has directed states to provide more substantial compensation, such as
immediate payments for medical expenses.

Section 357B and Enhanced Protection:

● Section 357B enhances monetary protection for victims of sexual offenses.

● It stipulates that compensation payable by the State Government under Section 357A is in
addition to any fine paid to the victim under specific sections of the Indian Penal Code.

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Criteria for Fixing Compensation:

● Courts should consider various factors, including the nature of the crime, extent of injury,
justness of the claim, and the accused's capacity to pay, when determining compensation.
● Courts must ensure that fines imposed do not exceed the compensation awarded to
victims or their dependents.
● In summary, while the legal framework provides for victim compensation, there are
challenges such as inadequate amounts, which courts and authorities must address to
ensure meaningful relief for victims of crime.

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