" I 5 (/) For every Special Court, the State Government sh al I, by not i Ii cat ion in the Official Gazette, specify a Public Prosecutor or appoint an advocale who has been in practice as an advocate for not less than seven years, as a Special Publi_c Prosecutor for the purpose of conducting cases in that Court.
(2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Srecial Public Prosecutor for the purpose of conducting cases in that Court.".
I 1. After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:- "CHAPTER !VA RIGHTS OF VICTIMS AND WITNESSES I SA.(/) It shall be the duty and responsibili ty of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.
(2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age or gender or educational disadvantage or poverty.
(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.
( 4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may be, to summon parties for production of any documents or matcn.:.i, witnesses or examine the persons present.
2 of 1974.
(5) A victim or his dependent shall be entitled to be heard at. any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.
(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Special Court or the Exclusive Special Court trying a case under this Act shall provide to a victim, his dependent, informant or witnesses-
(a) the complete protection to secure the ends of justice;
(b) the travelling and maintenance expenses during investigation, inquiry and trial;
(c) the social-economic rehabilitation during investigation, inquiry and trial; and
(d) relocation.
(7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependent, infom1ant or witnesses and such Court shall periodically review the protection being offered and pass appropriate orders.
(8) Without prejudice to the generality of the provisions of sub-section (6), the concerned Special Court or the Exclusive Speciai Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special Pub! ic Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including-
(a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public;
(b) issuing directions for non-disclosure of the identity and addresses of the witnesses;
( c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection:
Provided that inquiry or investigation into the complaint received under 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:
Provided further that where the complaint under clause (c) is against any public servant, the Court shall restrain such public servant from interfering with the victim, infonnant or witness,_ as the case may be, in any matter related or unrelated to the pending case, except with the permission of the Court.
(9) It shall be the duty of the Investigating Of1icer and the Station House Officer to record the complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing, and a photocopy of the First Information Report shall be immediate ly given to them at free of cost.
( I 0) All proceedings relating to offences under this Act shall be video recorded.
(I I) It shall be the duty of the concerned State to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as-
(a) to provide a copy of the recorded First Information Repon at free of cost;
128(11) 128 (12) Insertion of new Schedule.
(b) to provide immediate relief in cash or in kind to atrocity victims or their dependents;
(c) to provide necessary protection to the atrocity victims or their dependents, and witnesses;
(d) to provide relief in respect of death or injury or damage to property;
(e) to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims;
(j) to provide the maintenance expenses to the atrocity victims and their dependen ts;
(g) to provide the information about the rights of atrocity victims at the time of making complaints and registering the First Information Report;
(h) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment;
(i) to provide the information to atrocity victims or their dependents or associated organis~tions or individuals, on the status of investigation and charge sheet and to provide copy of the charge sheet at free of cost;
(j) to take necessary precautions at the time of medical examination;
(k) to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the relief amount;
(/) to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance about the dates and place of investigation and trial;
(m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated organisations or individuals and to provide the legal aid for the said purpose;
(n) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of the proceedings under this Act and to provide the necessary assistance for the execution of the rights.
(I 2) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Government Organisations, social workers or advocates." .
12. After section 23 of the principal Act, the fol lowing Schedule shall be inse11ed.
namely:- Section under the Indian Penal Code 120A 1208 141 142 "THE SCHEDULE [See section 3(2) (va)] Name of offence and punishment Definition of criminal conspiracy.
Punishment of criminal conspiracy.
Unlawful assembly.
Being member of unlawful assembly.
Section under the Name of offence and punishment Indian Penal Code 143 Punishment for unlawful assembly.
144 Joining unlawful assembly armed with deadly weapon.
145 Joining or continuing in unlawful assembly, knowing it has been • commanded to disperse.
146 Rioting.
147 Punishment for rioting.
148 Rioting, armed with deadly weapon.
217 Public servant disobeying direction oflaw with intent to save person from punishment or property from forfeiture.
319 320 323 324 325 3268 332 341 354 354A 3548 354C 354D 359 363 365 3768 376C 447 506 509 Hurt.
Grievous hurt.
Punishment for voluntarily causing hurt.
Voluntarily causing hurt by dangerous weapons or means.
Punishment for voluntarily causing grievous hurt.
Voluntarily throwing or attempting to throw acid.
Voluntarily causing hurt to deter public servant from his duty.
Punishment for wrongful restraint.
Assault or criminal force to woman with intent to outrage her modesty.
Sexual harassment and punishment for sexual harassment.
Assault or use of criminal force to woman with intent to disrobe.
Voyeurism.
Stalking.
Kidnapping.
Punishment for kidnapping.
Kidnapping or abducting with intent secretly and wrongfully tb confine person.
Sexual intercourse by husband upon his wife during separation.
Sexual intercourse by a person in authority.
Punishment for criminal trespass.
Punishment for criminal intimidation.
Word, gesture or act intended to insult the modesty of a woman." .
128 (13) 12S(I4) Repeal and saving.
13. (/) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 20 14 is hereby repealed. Ord.
I of 2014.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.