Amendment status not verified — confirm the current text below against the official source.
Rights of Persons exercising their rights under section 3 and victims of any offence under this Act.- Any person exercising their rights under section 3 or being a victim under this Act shall have the right,- (1) to seek protection for themselves, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence. (2) to be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victims age or gender or educational disadvantage or poverty. (3) to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding; the Public Prosecutor or the State Government shall inform such person about any proceedings under this Act. (4) to be heard in 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 appeal against acquittal, written submission on conviction, acquittal or sentencing and for this purpose to engage a legal counsel of their choice. (5) Without prejudice to anything contained in the Bharathiya Nagarik Suraksha Sanhitha, 2023(Central Act 46 of 2023), the Court trying a case under this Act shall provide to a victim, his/her dependents, informant or witnesses, complete protection to secure the ends of justice; (6) without prejudice to the generality of the provisions of sub-section (5), the concerned Special Court may, on an application made by a victim or his/her dependent, informant or witness in any proceedings before it or by the Special Public 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 of receipt 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, informant or witness, as the case may be, in any matter related or unrelated to the pending case. (7) the Court shall periodically review the protection being offered to victims and witnesses and pass appropriate orders to modify any protection measures if necessary.