Delhi HC Shows Reformative Approach, Quashes FIR Against Man in Lieu of Traffic Assistance The honourable High Court of Delhi took a reformative stance in a recent judgement in the case Vikas Bohsat VS State of NCT & ANR where the court quashed the First Information Report FIR on the accused under sections 354 (assault or criminal force to woman with intent to outrage her modesty) 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code and provides a restorative solution to the situation by ordering the accused to assist the traffic police for a period of 30 days.
The FIR was quashed on the grounds that both parties had amicably solved the dispute in a civil setting and entered into a settlement agreement. The complainant was present during the hearing virtually through a video call and reaffirmed the settlement. She submitted before the court that the dispute had been solved amicably and in her free will, without any coercion.
“Accordingly the petition is allowed FIR under section 354/ 506/ 509 of the Indian penal code and all consequential proceeding imminating their form against the petitioner are crossed subject to the condition that the petitioner shall assist the traffic police at a traffic signal where he may be deputed by DCP traffic East district for a period of 30 days” the judgement read.
The judge also added that, “At the end of the aforesaid period of 30 days the DCP traffic shall issue a certificate to the petitioner which the petitioner shall their after file before this court within a period of 2 months from today if such a certificate is not filed the registration place this matter before the court for further directions.”
Justice Naveen Chawla through his decision set a clear example of restorative justice in the society. Restorative justice simply seeks to amend the relationship between the victim, the offender and the community by acknowledging the issue at hand and involving the relevant stakeholders in the process. Judgements like these help further the discourse of human security in the country and help usher in a new era of measures to restore the ties of the society that gets broken whenever a crime is committed.
Img source: Collumn of Curea.
Reformative Justice
The advantages of Restorative Justice lies in the fact that it provides an opportunity for the offender to take active responsibility and make amends directly, rather than just serving prison time. For victims, it allows more involvement, voice and potential healing compared to a regular court process.
However the application of restorative principles becomes tricky as it requires well-trained facilitators to guide the dialogue process effectively, Victims must have adequate support systems and not feel pressured to participate, There need to be clear guidelines on which cases are appropriate for restorative pathways, buy-in from all criminal justice stakeholders like prosecutors, judges, police is crucial, Monitoring and impact evaluation frameworks must be established.
While a balanced approach, the judgement points to the potential of institutionalising restorative justice models as a complementary pathway in suitable cases in India. However, safeguards and systematic implementation are vital for such programs to be impactful and sustainable in achieving their reformative goals.
