Victim compensation under the Indian criminal system aims to financially assist victims of crimes and their families. The Code of Criminal Procedure outlines provisions for compensation in various situations. When a fine is part of the sentence, the court can order it be paid to the victim. When a fine is not part of the sentence, the court can order the accused to pay compensation. If compensation is inadequate, the court can recommend higher amounts. Each state also has a Victim Compensation Scheme to provide funds based on court recommendations. The legal system aims to liberally interpret compensation provisions to rehabilitate and lessen the suffering of victims.

1. VICTIM COMPENSATION UNDER
INDIAN CRIMINAL SYSTEM
SCHOOL OF LAW
SUBMITTED BY SUBMITTED TO
AYUSH CHOPRA DR. SANGEETA
SHARMA
ROLL NO. – 2020/9
SEMISTER-
LLM 2 SEM

2. Meaning and Concept of Victim
Compensation
 Victim compensation is a government initiative that makes reparations or
payments to victims of violent crimes, such as rape, assault, and homicide, to help
compensate them for out-of-pocket expenses.
 This also includes reimbursing their families. Each state has its own program and
specific coverage and eligibility requirements.
 Victim compensation exists to help relieve some of that financial burden. It usually
pays for medical expenses, counselling, funeral expenses, and lost wages.
 A victim of the offence can get compensation in India. But there is a procedure
which needs to be followed.

3. Laws governing compensation of victims of crime in India
 The provisions relating to compensation to victims of crime are contained in sections
357, 357A, of the Code of Criminal Procedure, 1973.
 Constitution of India also provides for certain safeguards to the victim of crime. Under
Article 14 and 21

4. Victim compensation under The Code of Criminal
Procedure, 1973
1. WHERE CONVICTION AND FINE IS PART OF THE SENTENCE –
When an accused is proven guilty, and the court passes an order which contains a fine of any
denomination, the court can order such fine or any part of it to be paid to the victim of crime. following
ways.
A. Expenses of prosecution
This is the essential relief which a victim of a crime must get. Litigation costs in India are very
arbitrary.
B. Compensation in case of death
 It is the family of the victim, entitled to recover damages from the person sentenced for the loss
resulting to them from such death.
C. Compensation of victim of crime in offences like theft, cheating, criminal breach of trust, etc.
the Court either tries for recovery of goods and in the case where recovery is not possible court
orders for compensation for the price of such goods.

5. 2. COMPENSATION WHERE FINE IS NOT A PART OF THE SENTENCE
 When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing
judgment, order the accused person to pay, by way of compensation, such amount as may be
specified in the order to the person who has suffered any loss or injury by reason of the act for
which the accused person has been so sentenced.
3. Compensation for loss or injury to be recovered by the civil court
If the court is of the view that, the compensation sought is beyond the jurisdiction of the court, the court
itself orders the appropriate court to look into the matter.
4. Payment of Compensation subject to Appeal
If the fine is imposed in a case, which is subject to appeal, no such payment shall be made before the
period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the
decision of the appeal.

6. VICTIM COMPENSATION SCHEME
 In 2009, the central government gave directions to every state to prepare a scheme which has to
be in agreement with the center’s scheme for victim compensation.
 The primary purpose of the scheme is to provide funds for the purpose of compensation to the
victim or his dependents who have suffered loss or injury as a result of the crime and who require
rehabilitation.
Quantum of compensation under the scheme
Under the scheme, whenever a recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, as the case may be, decides the quantum
of compensation to be awarded.
What to do in case of inadequate compensation
If the trial Court, at the conclusion of the hearing, is satisfied, that the compensation awarded under
section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge
and the victim has to be rehabilitated, it may make a recommendation for compensation.

7. Compensation when Offender is Untraceable:
Where the offender is not traced or identified, but the victim is identified, and where no trial
place, the victim or his dependents may make an application to the State or the District Legal
Services Authority for award of compensation which shall be decided after due enquiry award
adequate compensation by completing the enquiry within two months.
Collateral Relief to Victim:
The State or the District Legal Services Authority, as the case may be, to lessen the suffering of
victim, may order for immediate first-aid facility or medical benefits to be made available free of
cost on the certificate of the police officer not below the rank of the officer in charge of the
station or a Magistrate of the area concerned, or any other interim relief as the appropriate
authority deems fit.

8. Precedents
The judicial response has always been positive in dealing with the benevolent provisions of
compensation. In Hari Krishna & State of Haryana v. Sukhbir Singh, Supreme Court
judgment mandated courts to exercise Section 357 liberally and award adequate
compensation, particularly in cases where the accused is released on admonition, probation
or when the parties enter into a compromise.
Recently again the Supreme Court in Ankush Shivaji Gaikwads while considering the
amended provision of Code of Criminal Procedure reiterated its view and further impressed
that now the courts have to give reasons for not compensating the victim while deciding
the case. The court observed that the amendments to the Code of Criminal Procedure
brought about in 2008 focused heavily on the rights of victims in a criminal trial, particularly
in trials relating to sexual offences.

9. Conclusions
There are provisions for compensation to the victims of crime in CrPC.
• The compensation is to be provided by Legal Service Authorities on the recommendation
Courts.
• The compensation can be interim that is during investigation or trial or can be final at the
conclusion of the trial.
• The compensation is payable according to the ‘Victim Compensation Schemes’ of
States.
• The courts have to give reasons in case it is not recommending compensation to the
of crime at the conclusion of the trial.

10. THANK YOU