a small ppt on victim compensation in India

1. “Law should not sit limply, while those who defy it go free and
those who seek its protection lose hope”.
[Jennison v Baker, (1972) 1 All ER 997]
VICTIM COMPENSATION IN
INDIA

2. HISTORY
 Historically, restitution has been employed as a punitive measure.
Ancient societies mechanically required the offender to reimburse the
victim and/or the family for any loss caused by the commission of the
offence. But, the main objective behind restitution was misplaced due
to the fact that more focus was put on protecting the offender from
violent retaliation by society than to rehabilitate the victim.
 With the passage of time, principles of law gradually demarcated the
allocation of punishment in the case of civil tort and criminal offences.
Compensation was then incorporated as a victim’s right in civil law as
opposed to a remedy in the case of a crime.

3.  The onus to compensate the victim was mainly on the offender. This had
two limitations-:
 The factum of compensation depended on the conviction of theaccused
by the Court.
 There was no provision for interim compensation to the victim to fend
for immediate medical or other rehabilitative expenses of the victims or
their dependants.
 The quantum of compensation was dependant on the financial capacity
of the accused.

4. DEVELOPMENT
1. The 41st Report of the Law Commission of India, 1969
 It led to inclusion of Section 357 in CrPC, 1973 which
was “intended to provide relief to the poorer sections of
the community.”
2. The 154th Law Commission Report on the Code of
Criminal Procedure, 1996
 It devoted an entire chapter on “victimology” and noted
that various constitutional provisions such as Article 21,
38, 41 and 51-A can be interpreted to form principles of
victimology in India.
 It noted that even though Section 357 of the CrPC
incorporates victim supportive jurisprudence by
empowering courts, the scope for victim compensation
afforded in Indian criminal law is limited.
 Section 357A was incorporated in CRPC after the
recommendation in this Report.

5. PROVISIONS FOR
COMPENSATION UNDER CRPC
1. Section 357
 On the conviction of the accused, the Court can levy
fine out of which some portion has to be utilized to
compensate the victim.
 The compensation can be granted to the victim for
following purposes-
 the expenses incurred during litigation
 loss or injury to be recovered by the civil court
 in case of death, to the family members of the
deceased.
 in offences like theft, cheating, criminal breach of
trust etc., the Court may either recover the goods or
order compensation equal to the amount of the

6. 2. Section 358
 Compensation to anyone who would be a victim of
an arrest that is without reason.
 The Magistrate may award compensation to the
extent of ₹1,000/- to the person who is a victim of
such an arrest.
 There must exist a direct connection between the
arrest and the complainant.
 The arrest must have been caused by the
informant without any sufficient grounds.

7. 3. Section 359
 Section 359 deals with instances where a
complaint for a non-cognizable offence is made to
a court, and the accused is convicted by the court.
It provides that a Court of Session, an Appellate
Court, or the High Court while exercising their
revisional jurisdiction can order payment of costs in
such situations.
 The court may also order the accused to pay to the
complainant, either in whole or in part, the cost
which is incurred by the complainant in the
prosecution.

8. 4. Section 237
 The court may order compensation in case of false
allegations against a person.
 If the court should consider that there is a lack of
reasonable ground for the allegation, it is
empowered to order the complainant to pay
compensation of an amount not exceeding
₹1,000/- to the victim of false accusation, after
recording reasons for the same

9. 5. Section 357-A
 It obligates State Governments to draw up victim
compensation schemes.
 It defines the role of the District Legal Services
Authority [hereinafter: DLSA] to decide the quantum to
be awarded every time either a recommendation is
made by the court for compensation or an application is
made under the state scheme by the victim.
 It also provides for compensation and measures of
rehabilitation where the order of compensation passed
by the courts is inadequate.
 An application for compensation under Section 357A
can be made even when the offender has not been
traced or identified or in the absence of a trial.
 In terms of interim assistance, the DLSA is obligated
under Section 357A to make provisions for immediate
medical assistance, and such other relief, as the
appropriate authority deems fit.

10. THE VICTIM COMPENSATION
SCHEME
 The Victim Compensation Scheme shall be
viewed by taking the example of Delhi Victim
Compensation Scheme 2018.
 Pursuant to the directions dated 7th July, 2008
contained in Criminal appeal No. 5/2000 titled
Khem Chand and other Honorable Division bench
of Delhi High Court, Delhi State Legal Services
Authority is granting interim compensation to the
victims under the Delhi Victims Compensation
Scheme 2011 at initial stage for their rehabilitation
on the recommendations of SHO of the case
concerned and also by the court concerned while
disposing the matter.

11. ELIGIBILITY FOR GRANT OF
COMPENSATION
 The person should be a VICTIM or his
DEPENDANT.
 LOSS or INJURY must have been caused.
 Person requires REHABILITATION.
 NOT have been compensated under other
SCHEMES.

12. ACID ATTACK CASES
 Interim Relief is given to the victims under Part I-
Clause 13 within 15 days upto Rs. 1 lakh.
 The order for granting compensation is also
passed within 7 days by DSLSA/DSLA.
 Additionally, 2 Lakhs shall be paid expeditiously
within 2 months.

13. ADDITIONAL INTERIM
COMPENSATION FOR ACID
ATTACK VICTIMS
 Under Part II- Clause 12 of the scheme.
 Rs. 1 lakh shall be paid within 15 days.
 Additionally, Rs. 2 lakh shall be paid within 2
months.
 Additionally, special financial assistance upto 5
lakh for the treatment expenses over and above
the compensation paid by the State/ UT I terms of
CVCF guidelines 2016.

14. VICTIM COMPENSATION FUND
 VICTIM COMPENSATION
FUND
 PART I- CLAUSE 3(2) (e) and
(f)
 Includes donations,
contributions from
International/ National/
Philanthropist/ Charitable
institutions/ Organizations/
Individuals and contributions
from Companies from CSR
etc.
 WOMEN VICTIM
COMPENSATION FUND
 CLAUSE 3(2)
 Includes donations,
contributions from
International/ National/
Philanthropist/ Charitable
institutions/ Organizations/
Individuals and contributions
from Companies from CSR
etc.

15. THANK YOU
Made by
Amrapalli Sharma