Chapter-3 Victim Impact Report
- Victim impact report may be submitted: (1) The victim may, if he or she so desires, submit a victim impact report to the prosecuting authority in such format and setting out such descriptions as prescribed, mentioning the damage or impact directly caused to or upon him or her from the offence, prior to the filing of the charge sheet of the offence in the court.
(2) Where the victim himself or herself is not able to submit the report referred to in sub-section (1) because of the victim being a minor or a person who needs guardianship legally or for any other reasonable reason, his or her guardian or the representative under law may submit such a report on behalf of the victim.
(3) Notwithstanding anything contained in sub-section (1), where the victim is not able to submit the victim impact report prior to the filing of the charge sheet in the court, due to a force majeure event, such a report, such a report, accompanied by the evidence of the occurrence of such an event, may be submitted to the authority filing the charge sheet within one month from the date on of filing of the charge sheet in the court.
(4) Where the victim wishes to keep confidential the victim impact report referred to in sub-section (1) or (2), he or she shall also set out in the report the content that he or she intends to keep confidential and the reason for it.
(5) The prosecuting authority shall submit to the concerned court the victim impact report submitted pursuant to sub-section (1) along with the charge sheet, and the victim impact report submitted pursuant to sub-section (3), within three days from the date of receipt.
- Duplicate copy may be demanded: (1) The accused or offender who desires to receive a duplicate copy of the victim impact report submitted to the court pursuant to sub-section (5) of Section 25 may get the duplicate copy of such a report from the court.
(2) Notwithstanding anything contained in sub-section (1), the court may refuse to issue a duplicate copy of the victim impact report in following conditions:
(a) Where the accused is absconding,
(b) Where the issuance of the duplicate copy would be prejudicial to the safety and privacy of the victim,
(c) Where the victim desires to keep the victim impact report confidential.
- Victim impact report may be taken as the basis: (1) The court may also take the victim impact report as the basis while determining the sentence for the offender.
(2) Notwithstanding anything contained in sub-section (1), while determining the sentence punishment, the court shall not take as the basis that part of which duplicate copy has been refused to be issued or that part of the report which has been kept confidential.
- Not to make presumption that less damage has been caused from the offence: No presumption shall, by the sole reason that the victim has not submitted the victim impact report pursuant to this Chapter, be made that less damage or impact has been caused from the offence to or upon the victim.