Victims of Acid Attack are entitled to compensation before Cr.P.C. amendment was introduced

Victims of acid attack are entitled to claim compensation under Section 357A of Code Criminal Procedure Code, 1973 even if the crime was committed before the introduction of this section. In the present case, the court was hearing a petition filed by an acid attack victim, Ms. Pyalli Dutta who had sought compensation under Section 357A of the Cr.PC. despite the fact that the provision was not in place in 2005 when she was attacked. She also made a reference to West Bengal Compensation Scheme and the Compensation Scheme, 2012. She claimed benefit under these schemes on the ground that there is no cut-off date, making her eligible to ask for compensation. However, the state contended that since the incident was prior to the introduction of the requisite provisions as well the victims' compensation scheme. The Calcutta High Court held that Section 357A is a beneficial piece of legislation introduced for the benefit of victims of the crime. It does not prescribe a time limit. It does not say a crime occurring to a prior date is not covered thereunder. As noted above, it is not introducing a criminal liability. It is time neutral, that is to say, it does not distinguish between victims of crime happening prior to the introduction of the section to the statute with those incidents of crime happening post its introduction to the statute book.The Section itself not making any distinction between victims on the basis of the time of occurrence of the crime, the same cannot be read into it. Hence, the state in the instant matter while accepting Ms. Dutta plea granted her compensation under the scheme.