NEW DELHI: To put an end to the constant threats on victims by accused involved in heinous crimes, the Ministry of Law and Justice is mulling a proposal wherein the prosecution agency will first prepare a Victim Impact Assessment report prior to granting bail to accused.
The idea of introducing such a provision is taken from United Kingdom. The report would enlist all minute details about the accused before s/he gets bail. The report will sum up the history of the arrestee, intention, evidence and other relevant factors.
“Such a system would not only prove to be beneficial during the courts proceedings, but will also enhance the performance of duties of courts, thus, promoting the intention of balancing the interests between the accused of an offence and the state,” a law ministry official said.
At present, the victim is given an opportunity of being heard in certain cases where the accused charged with punishment entailing up to seven years or more.Under the new plan, the principles of granting bail is ‘the treatment of victims’—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 release from the custody.
“We have planned that in some crimes the prosecutor may be required, after due consultation with the victim, to submit a Victim Impact Assessment report, wherein any concern raised by the victim may be briefly stated,” the official added.
The proposal also has a separate pre-trial assessment to determine the qualitative value of the risk related to a pre-trial defendant and his specific circumstances. This assessment will include factors such as danger of absconding, gravity of offence, danger the witnesses face, evidence-tampering, accused community ties and prior convictions.
Victim Impact Assessment Report will have
■ Character, means and standing of the accused
■ Danger of the alleged offence continuing or being repeated if granted bail
■ Prior convictions
■ Community ties
■ The danger of absconding