"CHAPTERNA RIGHTS OF VICTIMS AND WITNESSES
15A. (f) It simi I be the dUly and responsibility of the State tOll1lake alT,mgcmems for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violeneo or threats of jOlenee.
(2) A victim shall be treated wi(h fairness. respect and d nity and with due regard to any specjal need that arises because of the victim" age or gender or educational disadvantage or poverry.
(3) A victim or his dependent shall have the right to reaso able, accurate, and timely notice of any Court prm.:eeding including any bail procee ing and the Special Publ ic Proseculor or the State Government shall inform the victlm a out any proceedings under this Act.
(4) A victim or his dcpendcIll shall have the righllo apply to he Special Cour! or the Exclusive Special Court, as the case may be. to summon parti s for production of allY documents or material. witnesses or examine the persons pI' sent.
SEC. IJ HE GAZETTE OF lNDlAEXTRAORDINARY 9 2 of 1974.
(5) A vieti or his dependent shall be entitled to be heard at any proceeding under this Act i respect of baiL discharge, release, parole, conviction or sentence of an accused or a y connected proceedings Of arguments and file written submission 011 conviction, a quitta] or sentencing.
(6) Notwi hstanding anything contained 111 the Code of Criminal Procedure, 1973, the Specia Court or the Exclusive Special Coun trying a case under this Act shall provide to a viet 111, his dependent, infonnant or witnesses-
(a) t e complete protection to secure the ends of justice;
(b) t e travelling and maintenance expenses during investigation, inquiry and trial:
(c) t e social-economic rehabilitatlon durjng investigation. inquiry and trial; and
(d) r location.
(7) The St te shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependenLinformant or witnesses and Sl ch Court shall periodically review the protection being offered and pass appropriar· orders.
(8) Vlitho t prejudice to the generality of the provisions of sub-section (6), the concemed Sped Court or the Exclusive Special Court may, on an application made by a victim or his d pendent, informant or witness in any proceedings before it or by the Special Public P osecutor in relation to such victim, informant or witness oron its O\vn motion, take su 1 measures inc!uding-
(a) oncealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public;
(b) i ··su.ing directions for non-disclosure of the identity and addresses of the witne ses:
(c) t ke immediate action ill respect of any complaint relating to harassment of a victim intOll11ant or witness 3.nd on the same day, i rnecessary, pass appropJiate orders for protection:
Pro ided that inquiry or investigation into the complaint received undef clause (c) shall be tried separately from the main case by such Court and concluded within a period of two months from the date ofreceipt of the complaint:
Pro ided further that \vhere the complaint under clause (c) is against any public ser 'ant, the Court shall restrain such public servant from interfering with the victim informant or witness, as the case may be, in any matter related or unrelated 0 the pending case, except with the pennission of the Court.
(9) It shall be the duty of the Investigating Officer and the Station House Officer to record the COl laint of victim. informant or wilnesses against any kind of intimidation, coercion or indu 'ement or violence or threats of violence, whether given orally or in writing, and a ph tocopy of the First Information Report shaU be immediately given to them at free of c st.
ccedings relating to oflCnces under this Act shall be video recorded.
(II) it shu I be the duty of the concerned State to specify an appropliate scheme to ensure imple llelllation of the following fights and entitlements of victims and witnesses in ac essing justic~ so as-
(a) provide a copy of the recorded First Information Report at free of cost;
to THE GAZETTE OF INDlAEXTRAORDlNARY IPARTU- Insertion of new Schedule.
(b) to provide immediate relief in cash or in kind to atr ity victims or their dependents:
(c) to provide necessary protection to the atroci y victims or their dependents, and witnesses:
(d) to provide relief in respect of death or injury or d mage to propcny;
(e) to arrange food or water or clothing or shelter or m ical aid or Inmsport facilities or daily allowances 10 victims;
(j) to provide the maintenance expenses to the alroc·t")' victims and their dependents:
(g) to provide the information about the rights of atl city victims at the time of making complaints and registeling the First Inform, tion Report;
(11) to provide the protection to atrocity victims or t1 eir dependents and witnesses from intimidation and harassment;
(i) to provide the information to atrocity victims or hcir dependents or associated organisations or individuals. on the status of inve "ligation and charge sheet ami to provick copy of the chJrge sheet at free of c ·t;
(J) to take necessary precautions at the time of medic I examination;
(k) to provide information lo atrocity victims or t eir dependents or associated organisations or individuals, regarding the relie amount;
(I) to provide information to atrocity victims or I eir dependents or associated organis<.lliuns or individuals. in advance abuut th dates and place of investigation and trial:
(m) to give adequate bJiefing on the CJse and prepaf'dti 11 for t1iallO atrocity victims or their dependents or associated organisations 0 individuals and to provide the legal aid for the said purpose:
(11) to execute the rights of atrocity victims or II eir dependents or associated organisations or individuals at every stage of th proceedings under this Act and to provide the necessary assistance for the exe utian of the rights.
(12) It shall be the right of the atrocity victims or their ependents, to lake assistance from the Non-Government Organisations, social work rs or ad\'ucates.. ·.
12. After section 23 of the principal Act, the following Schedu e shall be inserted.
nall1ely:~ 'THE SCHEDULE [See seclion 3(2) (va)] Section under fhc Indian Penal Code 120A 120B 141 142 Name of offcnce and punishment Definition uf criminal conspiracy.
Punishment of criminal conspiracy.
Unlav,!ful assembly.
Being member of unlaw rut assembly.
12 GAZETIE OFINDfA EXTRAORDINARY [PARTH-SEC.II Repeal and saving.
13. (1) The Seh uled CaSles and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 is hereby repealed. Ort!
I or 2014.
(2) Notwi[hstand 19 such repeal, anything done or any action taken under the principal ACl, as amended by th· said Ordinance, shall bc deemed to have been done or taken under the corresponding pruv sions of the plincipal Act, as amended by this Act.
DR. G. NARAYANA RAJU.
SeCreUlf)! to the Go\'!. of india.
PRINTED BY TIlE GE!\'E \L r.fANAGER. GOVERl\"MENT OF J1\'DIA PRESS, Mll\o'TO ROAD. NEW DELHI AND PUBL SHED BY THE CO!\""TROI.LER OF PUBLICATIONS. DELHI-2016.
GMGtPMRND-3979GI( 3)-02-01-2016.