Observing a concerning trend of false complaints in sexual assault and other criminal cases driven by the prospect of financial gain, the Calcutta High Court has proposed a phased disbursement of victim compensation to discourage fraudulent claims.
A division bench of the high court proposed the changes while acquitting a professor of the charge of raping a girl, and ordered a compensation of Rs 10 lakh to him, holding that his conviction in the trial court and incarceration caused irreparable damage to his reputation.
Making a policy recommendation to the West Bengal government for preventing the misuse of compensation, the high court said, 'While the victim compensation scheme is a noble instrument for rehabilitation, the court observes a concerning trend where the prospect of financial gain incentivises unscrupulous individuals to lodge false complaints.'
'To balance the necessity of victim support with the protection of innocent citizens, a more rigorous disbursement structure is required,' the division bench comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray observed, passing the judgment on May 22.
The court proposed a framework where an interim payment would be made to the victim, which would amount to an initial disbursement of 25 per cent of the compensation amount.
It said the remaining 75 per cent would be 'deposited into an interest-bearing account in the name of the victim (or next of kin) upon conviction at the trial level and these funds would...
Observing a concerning trend of false complaints in sexual assault and other criminal cases driven by the prospect of financial gain, the Calcutta High Court has proposed a phased disbursement of ...