guidelines for permitting victims to take part in criminal prosecution
1.On a consideration of the above said principles and after analysing the provisions vis-a-vis the various judgments, the following conclusions are arrived at:
i.Section 301 Cr.P.C. is not a bar for entertaining an application to intervene in an application filed under Section 437 or 438 Cr.P.C. ii.Section 301 and proviso under section 24(8) are mutually complimentary and not conflicting with each other and therefore there is no bar for engaging a lawyer to assist the prosecution.
iii.The discretion of the Court in invoking proviso under Section 24(8) is a judicial discretion.
iv.The judicial discretion of the Court will have to be exercised keeping in mind the objects and reasons for the introduction of proviso to sub-section 24(8) which is to provide an adequate opportunity to the victim to take part in the criminal proceeding.
v.Engaging a lawyer in accordance with proviso under section 24(8) would mean permitting him to argue along with the Public Prosecutor and also in a given case even to examine a witness, of-course with the permission of the Court. vi.The Court shall not allow any plea contrary to the case of the prosecution at the instance of the victim while assisting the prosecution. vii.The Court can reject a request for engaging a lawyer by the victim if it is of the opinion that it lacks bonafides.
viii.While considering the application, the Court has to keep in mind, the nature of the offence, the injuries suffered by the victim, the position of the victim as well as the accused and the circumstances under which the offence has been committed.
ix.The word 'victim' would also include a legitimate and genuine person representing a victim.
x.When an application is filed by any other person other than the guardian seeking to represent the victim, the Court has to consider the bonafides, legitimacy and genuineness of the representative capacity while deciding such anapplication.
xi.In a given case the trial Court can also call upon a victim to engage a lawyer if in its opinion the same is required for the proper conduct of the case.
xii.In a given case the Court can on its own appoint a lawyer if it is of the opinion the same is required for the proper conduct of case. xiii.When an application is made seeking permission under proviso to Section 24(8) the same cannot be rejected without even numbering the same but should be considered on merits.
xiv.An order rejecting an application seeking permission to assist the prosecution must be supported by reasons.
Madras High Court
Sathyavani Ponrani vs Samuel Raj on 7 July, 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
https://www.lawweb.in/2012/10/guidelines-for-permitting-victims-to.html
