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17. Based on the aforesaid recommendations, the Code of Criminal Procedure Amendment Act, 2008 (No.5/2009) was brought into effect. Apart from introducing a definition for the term 'victim' in Section 2(wa), the amendment, inter-alia inserted a new provision as Section 357A to the Cr.P.C. For

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reference 'Section 2(wa)' and Section 357A Cr.P.C. are extracted as below:

"2. Definitions In this Code, unless the context otherwise requires,-

20. Adopting the aforesaid principle of interpretation, if the word "victim" in Section 357A(4) Cr.P.C., is given the same meaning as defined in Section 2(wa), then the accused must have been charged. If the accused is charged, then the offender is already identified and the trial should also carry on. If the word victim in Section 357A(4) Cr.P.C, is interpreted based on the definition in Section 2(wa), it will render the provision in Section 357A(4) and 357A(5) nugatory and redundant. To add meaning and life to Section 357A(4) Cr.P.C., it is necessary that the offender under the said sub clause is not

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traced or identified and not charged. In that perspective, the word 'victim' as appearing in Section 357A(4) Cr.P.C., ought to be given a different meaning. The context of Section 357A(4) Cr.P.C., requires a different meaning to be adopted for the word 'victim'. To add meaning and life to Section 357A(4) Cr.P.C, it is necessary that the word 'victim' in Section 357A(4) is meant as a person who suffers any loss or injury by reason of the act or omission of another in which the offender has not been traced or identified and against whom a trial has not taken place. Such an interpretation alone would make Section 357A(4) Cr.P.C., workable, and have meaning.

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27. As a substantive law, the aforesaid statutory provision will have only prospective application. However, in the case of Section 357A(1)(4)&(5) Cr.P.C., there is a difference. Rehabilitation of the victim is the scope, purport and import of Section 357A(4) Cr.P.C., when read along with Section 357A (1) Cr.P.C. This is more explicit when understood in the background of the recommendation of the 154th report of the Law Commission of India. Rehabilitation of the victim was a remedial measure. It remedied the weakness in the then existing provisions for compensating the crime victims, especially to those victims, whose perpetrators had not been traced. The provision is remedial. Remedial statutes or provisions are also known as welfare, beneficent or social justice oriented legislation.