CHENNAI: The Madras High Court has urged the Tamil Nadu government to increase the compensation paid to victims for criminal offences since the current amount was fixed in 2013.
Justice D Bharatha Chakravarthy made the appeal to the government while disposing of a petition filed by a 75-year-old woman seeking an order to the Tiruvallur Police to file the charge sheet on the FIR filed in 2018 in a case of con men duping her of gold jewellery and cash disguised as policemen.
“The amount of Rs 1 lakh was fixed 12 years ago, in 2013. I am of the view that in cases involving senior citizens above 60 years of age, where they lose valuables such as money, jewels, or other articles in incidents like conning outside banks, ATMs, markets, hospitals, etc., and the case remains unsolved or untraceable, a minimum of 30% of their loss value or Rs.5 lakhs, whichever is lesser, should be considered,” the judge said.
He stated, “It would be open for the State of Tamil Nadu to fix higher compensation, and what is indicated above is only the barest minimum.”
Justice Chakravarthy directed the Home Secretary to frame additional clauses in respect of the victim compensation scheme vide the 2013 GO to indicate the quantum of compensation in conning cases relating to senior citizens that remain untraceable in accordance with the law.
The petitioner Krishnanveni, 68 years old, and her husband, were going to a lab in Tiruvallur town on August 6, 2018. While trying to cross the road, some conmen approached them, instilled fear by fictitiously alerting them of the movement of robbers, asked them to pack the jewellery and then made off with it.
The elderly couple lodged a complaint with the Tiruvallur Town Police. An FIR was registered in 2018 but the accused were not yet traced.
However, the police told the court that a charge sheet was filed stating it is untraceable and the case can be reopened.
Stating that the total value comes around Rs. 13.12 lakh by taking into account the current value, the judge ordered that Rs. 4 lakh-30%- shall be paid as compensation. He held that if the accused are traced and the lost jewellery recovered, then the petitioner shall have to refund the compensation at that time.
Referring to incidents of conning of elderly persons, the judge said each of us involved in the system must put ourselves in the shoes of these senior citizens and handle the matter.
“There are various ways in which these unconscionable creatures deceive and defraud these helpless souls. Even the value of the property may sometimes be within their capability to withstand. But that is not the main issue. Even if they lose a few hundred rupees, it mentally affects them, shatters their psyche, and instill fear in them about the entire world.” Justice Chakravarthy said.
He further stated that only to remedy these situations, the victim-centric approach in criminal jurisprudence is to be adopted by society. The object has been categorically elevated from "Criminal Procedure" to "Nagarik Suraksha". The primary aim of criminal jurisprudence is to protect these senior citizens who are in a hapless situation.