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Report No. 268

J. Public Prosecutor and the Victim

11.28 In the Indian Criminal Justice System Public Prosecutor is given an opportunity to be heard through the fourth proviso to s. 437 Cr.P.C. Similarly, the victim in certain cases where the offence is punishable with seven years or more must be given an opportunity of being heard. The provisions may be made for intimating the victim of the outcome of the bail proceedings and in particular, if any condition imposed to protect the victim from the alleged offender.285

One of the principles that should govern bail is 'the treatment of victims' especially where a victim who is known to have expressed concern about the need for protection from an offender should be told about the offender's impending release from custody286. Thus, it is suggested that in certain heinous and grave offences the Prosecutor may be required, after consulting the victim, submit a 'Victim Impact Assessment' report wherein any concerns of the victim along with the information on physical, mental, social impact of the crime and the impact bail may have on the victim may be briefly stated.

11. 29 Further, the checklist model followed in the UK should be adopted by the Indian Prosecutorial Department. The system provides categorically, all the relevant details necessary for exercising prosecutorial discretion in granting bail. It enlists distinct data such as the history of the arrestee, intention, evidence of violence and other relevant factors. The system would not only prove efficient in the proceeding itself but also would enhance the performance of duties promoting the intention of balancing the interests of the person accused of an offence and the State.

Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back

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