SEMINAR COURSE- Criminology and Justice Administration

SEMESTER & PROGRAM- VII SEM & B.A. LLB (Constitutional Law)

CRITICAL ANALYSIS OF VICTIM COMPENSATION SCHEMES IN INDIA

Name of the Student(s)- Divyansh Bhargava R154216042, 500052812

Submitted under the guidance of- Mrs. Bharti Nair Khan

School of Law

University of Petroleum and Energy Studies

Dehradun

(October, 2019)

INTRODUCTION
The condition of the victim in the whole world is not better. From the last many years for
traditional criminology victim was not a subject concerned.

Krishna Iyer J more than 4 decades back says that it is weakness of our jurisprudence that
victims of crime and the distress of their dependents of the victim do not attract the attention of
law. For our criminal law still victim compensation is vanishing point. This is deficit in the
system, which has to be revised by the legislature.

The motive of the criminal justice is to protect the rights of the individuals, society and state
from the criminals by punishing the accused for violating the law. 1 The infringement of his/her
privileges, the infringement of his/her nobility, the real misfortunes brought about by him/her
don't comprise matters of worry for anybody, however himself/herself.2

The current rise of the possibility of pay for casualties of wrongdoing started uniquely in 1950s
by the British Magistrate and social reformer, Margery Fry. In her works, Fry pushed the fuse of
pay as an element of the criminal equity framework.3

The framework of justice in India has been largely oblivious to what would constitute true
vindication to the victim. The ambit of justice has fixated to merely mean the conviction of the
accused. This has excused systemic failures in terms of blotchy investigation, poor efforts of the
prosecution, and questionable integrity of those who are involved in the process. Further, there is
a lack of infrastructure to support or accommodate development in the process. This in turn
affects the quality of justice offered to the victim.

WHO IS VICTIM ?

In United Nations General Assembly (UNGA) 1985 by adopting a ‘Declaration of The Basic
Principles of Justice for The Victims of Crime and Abuse of Power’ Victim protection
jurisprudence has developed, which was revised by a adequate number of countries including
India, which was landmark in raising the pro victim movement. In that vast definition of victim
was given and it included, the family members of the victim as well as it applied to everyone

1
Gaur, K. D. (2015). Criminal Law and Criminology (3rd ed.).
2
Dube, D. (2008). Compensating Victims- Need for Legislative Intervention. Indian Journal of Criminology &
Criminalistics, XXIX (2).
3
Davies, I. T. (1991). Compensation for criminal injuries in Australia: A proposal for change in Queensland. Bond
L. Rev., 3.
despite of race, religion, nationality, language, age, colour, cultural belief and programs for
victims of crime to protect and abuse of power.4

Definition of victim was accepted first time as an aid to unjustly subjected to loss, damage or
injury. National and international rules in order to secure universal and effective opinion of and
respect for the rights of victims of crimes and abuse of power were adopted by the Assembly.
The phrase ‘Victim’ defined in Section 2 (wa) of the Criminal Procedure Code (Cr.P.C.), 1973.
The word ‘Victim’ means that any person, group or entity who has suffered loss, harm or injury
due to illegal act of others. Harm or loss may be mentally, economically, or physical. In simple
means any person who has suffered loss due to breach of criminal law is a victim. It is not a
matter offender is identified or prosecuted person who suffered loss will be considered as a
victim. Individuals who help the victims in danger or to prevent victimization has suffered loss
also includes a victim. In some cases, nearest of victims i.e. family members are also the victim
who has not suffered any loss or harm from any other person.

The term “any loss or harm” is an broad term, means a person who suffers directly and
proximately outcome of the crime and includes the person who is near and dear killed or whose
property is destroyed. Victim’s wife, children, or parents also suffer some financially and some
mental pain and may even suffer pain but the actual victim is that person who has the owner of
the property and that property was destroyed. The anguish/hurt was imposed on the person was a
victim and it comes under a grievous hurt, though family members and friends of the victiom
also indirectly suffered the loss.

In Balasaheb Rangnath Khade v The State of Maharashtra,5 court held that at the center stage
with the state criminal justice system has been make. State’s primary duty to maintain law and
order. Welfare state citizens are expecting to have their basic human rights. These basic human
rights are rarely violated. The law and order is breached. The rule of law says that welfare state
prevail on prosper.

In crime a person is injured, harmed or even killed. In criminal justice system ‘offence’ is and act
by which the victim has suffered. Victim’s demand to take support of law and justice. With the

4
Groenhuijsen, M. (2014). The development of international policy in relation to victims of crime. International
Review of Victimology, 20(1).
5
2012 (3) Bom.C.R.(Cri.) 632 6.
support of the rule of law justice is given to victim. Western countries/states in victimology has
gone far ahead.

In all stages of the criminal prosecution like in bail, release, evidence, sentence and parole
victim’s have a right to be heard and to be tell. The state embarks and grants the victims of crime
their human rights.

EVOLUTION OF THE CONCEPT OF VICTIM COMPENSATION

In early Hebrews the existence of a reparation system disclose by the Old Testament. Offender
who cause the harm to the person he (offender) has to compensate to the victim (person) who
suffer harm from his wrongful act.

People of Ancient German, Greek and Roman also found the Compensation. Homer in the 9 th
book of the ILLIAD tell about the Ajax and Achillies conversation in which he said that accused
who cause the death of other person should be compensate to the person’s dependant. Inancient
time of the Germany Tacitus reported that the compensation is given in the form of cattle or ship
and family of victim accept as compensation.

State’s criminal law were now replaced from the past systems of compensation nowhere, victims
were only get civil remedies for suffering the harm or loss.

When Jeremy Bentham writing the plight of crime victims in 19th century he suggested a public
obligation to see the victims after suffered harm or loss.

Many times at international level talk about victim compensation. In 1895 at the Paris
International Prison meeting were held in which following resolution was passed.

"The Congress accepts that there is motivation to take into genuine thought the suggestions
which have been submitted to it concerning permitting the harmed party a segment of the income
acknowledged by crafted by the detainee over the span of his confinement, or with respect to
comprising an extraordinary store got from fines from which help ought to be conceded to the
casualties of reformatory offenses; however figuring it doesn't have at present the components
which are vital for the arrangement of these inquiries, the Congress chooses to allude them to the
more significant investigation of the following International Penal Congress".
Article 3 of the Hague Convention 1907 defined the compensation payment with respect to war
crimes and crimes against humanity. In 1960 for the British Home Office Stephen Schafer done a
survey and found very limited schemes which give financial aid to the victims of the crime.

New Zealand was the first country in the world which started the schemes for the victims of the
crime. In 1963 ‘The New Zealand Criminal Injury Compensation Act, 1963’ was passed, this act
provide the compensation to the victims of crime. From 1 st January 1964 Criminal Injuries
Compensation Tribunal was come into in force.

In August 1964 Britain started the Victim Compensation Programme after following the New
Zealand and then, Victim Compensation programme of the Britain became largest and oldest in
the world.

In Jerusalem 1st International Symposium/Seminar on Victimology was held in which it was

proposed that all states in viewing the matter urgent compensate the victims of crime.

Victim Compensation Schemes were started by the various countries as follows:-

1963 New Zealand

1964 Great Britain
1966 California
1967 Georgia, Hawaii, New York, New South Wales.
1968 Maryland, Massachusetts, Queens Land
1969 Italy – Fund of Guarantee for road victims, Nevada, South Australia.
1970 Western Australia.
1971 Sweden, New Jersey.
1976 Federal Republic of Germany, Netherlands, Norway, Kentucky, Michigan,
Pennsylvania, Rhod Island, Tennessee, Virginia, Wisconsin.
1977 France, Oregon, Montana.
1984 Philippines
The world Society of Victimology in 1979 produced a draft bill for the protection of victims of
crime.

In Novemebr,1985 United Nations General Assembly adopted the “Declaration of basic

principles of justice for victims of crime and abuse of power” which gave global acceptance to
the crusade against the victimization. After the declaration, victims got compensation for
suffering the harm or loss due to abuse of power, violation of Fundamental Rights or causing
other injury through illegal or wrongful act which were violation of International accept rules to
human rights.

HISTORY

The first case after independence was State of Rajasthan v. Vidyawati,6 Supreme Court held that
India is a state where person was vicarious liable for the commitment of torts. The issues which
was raised in this case is that a driver of a government jeep hit the respondent’s husband by
which respondent’s husband was dead. Widow of dead person(respondent) file a suit in the trial
court against the driver, in which trial court punished the driver not the state, then High Court
amended the decision of the trial court and in his decision High Court decreed the suit also
against the State. State Government argument was that they are not liable for the accident which
was by his driver because state was not liable in similar situation for such an accident (act) of the
said driver, and state also take a defense that state is a sovereign protection. In this case CJ B.P.
Sinha said that it is noticeable from the EIC time in contract or tort, common law in India
remedy never conducted/directed.

In Kasturilal Ralia Ram Jain v. State of U.P.,7 Chief Justice Gajendragadkar of the Supreme
Court accepted the distinction between sovereign and non sovereign function of the state in
which Gajendragadkar C.J. after seeing the records in the matter of safe custody of gold there is
gross negligence on the part of police authorities. Many legal experts said this case not clear the
meaning of sovereign function of the state. Sir Barnes Peacock said that this case was not rightly
interpreted the ‘act of state’. Under the Section 244(1) of UP Municipalities Act Supreme Court
not decide the case and wrongly held liable the state for paying the damages to the opposite party
for the illegal act of his servants.

In Rudal Sah v. State of Bihar,8 compensation was given to the petitioner for illegal detention by
viewing the case Khatri v. State of Bihar,9 which was historic case for awarding the
compensation to the victim. In Bhim Singh v. State of J & K,10 Court observed that the public
authorities misuse the power and with the life and liberty of the citizen arbitrary interfere and

6
AIR 1962 SC 933
7
AIR 1965 SC 1039
8
AIR 1983 SC 1086
9
AIR 1981 SC 928
10
1984 Supp SCC 504
then court said that this arbitrary interference of the public authorities violates the fundamental
rights of the citizen of the state, so that state has to compensate the victims. Supreme Court and
High Courts to provide the justice to the victims constitute new remedies under Article 32 and
226 of the Constitution of the India.

IN INDIA VICTIM COMPENSATION UNDER VARIOUS ACTS

Legislature and Judiciary of the Country take successive steps to provide compensation to the
victims of crime and their dependents,

Legislature enacted the Special Laws also to provide compensation to the Victims. At the time
when the Court deciding the matter if the Court think that law is not properly providing the
remedy to the victim of crime which he has to received according to the principles which
provided the compensation to the victims of crime.

Code of Criminal Procedure, 1973 is the common law in India which provide the compensation
to the victims of crime. There are some Special Laws also which provide the Compensation to
the Victims of Crime like Protection of Human Rights Act, 1993, Personal Injuries (Emergency
Provisions) Act, 1962, The Probation of Offenders Act, 1958, The Workmen Compensation Act,
1923, The Scheduled Castes and Scheduled Tribes Atrocities (Prevention) Act, 1988, Personal
Injuries ( Compensation Insurance) Act, 1963, Motor Vehicles Act, 1988, The Fatal Accidents
Act,1855, Indian Railway Act, 1989, Carriage by Air Act, 1972, Protection of Women Against
Domestic Violence Act, 2005.

Probation of Offenders Act, 1958

In Section 5 of the Probation of Offenders Act, 1958 Court has a limited discretionary power to
provide reasonable compensation to the victim in cases where accused is abandon with release n
probation for cause harm or injury to the victim. Victim must be entitled for recovering the
amount which was ordered by the Court to accused as a fine.

Compensation under the Probation of Offenders Act, 1958 also depend on the Court’s discretion
as like Section 357 in Cr.P.C.
Indian Railway Act, 1989

Section 124 of the Indian Railways Act, 1989 give the compensation to the Victim due to
collision of trains, derailment, and accident was caused or other accident to a train if passenger
cause a death due to the accident and for injury and loss, damage, destruction or deterioration of
goods owned by the passenger and accompanying him in his compartment or on the train, due to
such accident. Section 124A of the Act gave compensation for untoward accident.

Carriage by Air Act, 1972

Section 346 of the Carriage by Air Act, 1972 gave damages to the passengers provision said that
any person on board a ship suffered a injury or loss the life due to fault of that ship and of any
other ship or ships, owners of the ship are liable to pay damages to the victim jointly and several.

Protection of Human Rights Act, 1993

If there is violation of human rights National Human Rights Commission (NHRC) under
Protection of Human Rights Act, 1993 enquires the violation of Human Rights and negligence of
the State for preventing the violation of Human Rights. The State Human Rights Commission
(SHRC) has also right to enquire violation of Human Rights in the respective states.

National Human Right Commission and State Human Right Commission have power to enjoy
like Civil Court at the time of enquiring the Complaints under the Act.

Workmen’s Compensation Act, 1923

If workman caused personal injury by accident in the course of employment, his employer shall
be liable to pay compensation to person who causes injury due to which he totally or partially
disabled for the period of more than 7 days and death caused due to accident.

Process of determination of payment of compensation also given in this Act and the Act also
gives the list of injuries by which person who permanently or partially disabled, the occupational
diseases and the what compensation has to pay to that affected person.
Protection of Women Against Domestic Violence Act, 2005

Under this Act if any harm, injury to health, safety, limb, or well being or any other act of
threatening or coercion do by any adult member of the family comes under Domestic Violence.

Aggrieved woman has right to take monetary relief under this Act, Protection of Women Against
Domestic Violence Act, 2005 also provide compensation and damages to the aggrieved woman
for suffering the injuries like mental torture and emotional distress, due to the acts of domestic
violence.

CURRENT PROCEDURE IN CODE OF CRIMINAL PROCEDURE, 1973

The following provisions in Criminal Procedure Code (Cr.P.C.) related to Victims and for their
compensation:-

Section 250 empowers the Magistrate to provide compensation to people accused by from
Complainants or informants without reasonable cause.

Section 357 authorizes the Court to provide the compensation to victim while imposing sentence
in criminal proceedings and also order to pay cost for prosecution.

If any person wrongfully arrested by the police officer he has right to take compensation. Section
358 authorizes the court to provide compensation to the person for wrongful arrest.

Section 359 empowers the court to grant compensation to the victim wile imposing a sentence in
non cognizance cases and section also said that cost which incurred in prosecution also pay to the
victim.

In Section 482 victim can approach to the Higher Court for claiming the compensation this
section authorizes the Higher Court to use its inherent power in the interest of justice.

Section 357 of Cr.P.C.

Sub section (1) of Section 357 talks about when the court passes a judgment order and the court
may imposes a fine or a sentence of which fine forms a part. It is on the discretion of court to
recovered fine wholly or partly. It is a legal necessity for file an application for compensation in
this section that court imposes a fine on the accused; if fine is not imposed by the court on
opposite party then sub section (1) of section 357 has not applied. Sub section (3) of section 357
talks about those cases where the fine is not given in the law or it is not part of the judgment then
court have the power to order the offender to pay some amount to the victim as a compensation
for his loss or injury which is suffered by the victim and such amount may be specified in the
judgment. The normal difference between sub section (1) and sub section (3) of the Section 357
is that in sub section (1) fine which is imposed on the accused is basic and necessary requirement
whereas sub section (2) of Section 357 says that court has power to provide compensation to
victim from offender even after there is no provision of fine in law. When Appellate Court or the
High Court or Session Court exercising revisional power they have power to provide
compensation under sub section (2) of Section 357. When the court awarded the compensation
to the victim in any subsequent civil suit which is relating to the same matter, the court will
monitor the amount which is given to the victim as compensation under this section.

If the person is acquitted or discharge and fine is not imposed on him then, Section 357 not gives
power to court to award compensation to the victims of crime. It is legitimate liability on the
accused to pay compensation and this section not directed the state to pay compensation.
Accused capacity to pay an compensation has also an important thing. In Section 357 there is not
prescribed a limit to pay compensation, but at time of awarding the compensation the court has
to decide what would be the reasonable amount to pay compensation.

Section 357A Cr.P.C.

In 2008 Government do an amendment in Section 357 of Code of Criminal Procedure, 1973 by

accepting the Code of Criminal Procedure, 1973 in which provision relating to the Victim
Compensation was introduced in India first time.

By adding the Section 357 A in the Criminal Procedure Code, 1973 definition of Victim was
introduced. ‘Victim’ said to be a person who has suffered loss or injury due to illegal or wrongful
act or omission of the accused person for which he has been charged and term ‘victim’ also
include his or her guardian or legal heir of the affected person.

Sub Section (1) of Section 357A says that every State Government shall make a scheme with a
co ordination with the Central Government for Victim or his dependents who have suffered loss
or injury from the offence for providing funds to pay the compensation.
The District Legal Service Authority (DLSA) or State Legal Service Authority (SLSA) shall
decide the amount of compensation on the request of the Court for compensation which to be
awarded under the scheme which was given in sub section (1) of Section 357A.

Compensation which were awarded under Section 357 is not satisfactory for rehabilitation of
victim or in cases where the accused is acquitted or discharge but the victim has to be
rehabilitated , if the court thinks then court may suggest for compensation to victim.

Sub Section (4) says in cases where the victim is identified but the offender is not identified and
in case where trial is not happen in those cases victim or his dependents has right to file an
application for warding compensation in State Legal Service Authority (SLSA) or in District
Legal Service Authority (DLSA).

The State Legal Service Authority (SLSA) or District Legal Service Authority (DLSA) On
receiving the recommendation/request or on the application which was filed under sub section
(4), after completing the enquiry within 2 months award to the victims or his dependents.

State Legal Service Authority or District Legal Service Authority can be order for immediate
first aid vantage or for medical profit to be given to victim at free of cost on the certificate of
Magistrate of the concerned area or on the certificate of officer in charge of concerned Police
Station or can be order for any other relief as the appropriate authority deems fit to decrease the
victim burden.

MALIMATH COMMITTEE REPORT

Justice V.S. Malimath who was a former Chief Justice of Karnataka High Court submitted a
report on “Reforms of the Criminal Justice System” a committee is made by the Central
Government.

The committee observed and recommended the following things on justice to victims are:-
(a) In present Victims play role as a only part in criminal proceedings, they not get proper
legal rights and protection so that interest was not taken by any one in criminal
proceedings and then ultimately in criminal justice administration deformation was there,
(b) Until at the central point of criminal proceedings victim were not keep, the framework is
probably not going to reestablish the equalization as a reasonable methodology in the
quest for truth and co-activity of observers won't be expected except if their status is
extensively improved alongside equity to unfortunate casualties.
(c) Rape victims and domestic violence victims etc, other than legal help they need a
psychiatric, trauma counseling and rehabilitative. To neglect lateral victimization our
object is to provide expectation in the criminal justice system. If the society has to prove
its faithfulness then Victims support services required to be properly organized at the
police station level with or without the aid of voluntary organization s
(d) A counsel of the victim has a limited role in the proceeding which is also with the
permission of the court. Public prosecutor directs the Counsel of the victim for doing a
work.
(e) Victim can file an application under section 439(2) for cancelling the bail of offender but
it is all depends upon the action which is taken by the prosecution side.
(f) Section 321 of the Criminal Procedure Code says only after consult with the victim at any
time during the trial withdrawal the case should be done.
(g) A officer is required who care the victim interest in investigation and in trial who is equal
to Probation Officer that officer can called as Victim Support Service Co-coordinator
which he work with the police and the court to look the case for providing the justice as
soon as possible.
(h) The Criminal Justice System should observe the standards of Indian Constitution and
ought to enact regarding the matter of Victim Compensation reasonably.
(i) In every criminal proceeding where the punishment is given 7 years imprisonment or
more, the Victim and his Legal Representative shall have the right to prosecute the case
as party.
(j) Victim has to give right to choice to represent his Counsel in Court and if the Victim has
not capacity to afford the Counsel fees then State has to pay the Counsel fees.
 (k) Against the unfavorable order of Court in which the Court acquitted the accused, convict
the accused for lesser offence, granting insufficient sentence or imposing insufficient
compensation, Victim shall have a right to file an appeal in appellate Court and that
appeal files where the appeal was filed against the order of conviction of court.
(l) In all serious crimes whether offender is arrested or not, convicted or not Victim
Compensation is a State obligation by making the separate Law.

FORMS OF COMPENSATION

Reparation

Reparation means to repair or given compensation for any damage so under victim
compensation, Reparation is given under different conditions the first condition is that any injury
which is suffered by the victim due to the act of the offender and secondly to satisfy the victim
for non reputing the crime in the society under victim compensation there are 5 forms of
Reparation (i) Restitution (ii) Compensation (iii) Rehabilitation (iv) Satisfaction (v) Guarantees
of Non Repetition which are explained in further

Restitution- In restitution victim restore to the original situation in which he/she was there
before the incident by which he/she suffer loss or damage. Examples-:enjoyment of human
rights, identify, citizenship, restitution of liberty, family life, return of property, return to one’s
place of residence and restoration of employment.

Parties have to take responsibility for providing restitution to victim’s, victim’s family or
victim’s dependents that are responsible for the illegal act by which victim has to suffer loss or
damage. Restitution like be pay the compensation to the victim for the loss or damage which
he/she suffered, reimbursement the expenses for the proceedings to the victim and the restoration
of rights. As available provision in present scenario Government has to review the provision,
rules and regulations for restitution of a victim

In cases of environment cause harm and due to such harm community has to shift to other place
restitution also include which extend to the reconstruction of the infrastructure, reimbursement of
the expenses of relocation, restoration of the environment, replacement of community facilities.
Victims has to get a restitution from the Government who suffer harm or damage due to violation
of the law by the public officials or by the quasi official of the Government.

Compensation- Compensation is the convenient and proportional economically decidable

damage to the victim suffering the loss or harm as per the circumstances of the case. Damages
can be compensate for the mental or physical harm, for lost the chance like education,
employment and social benefits, moral damage, for legal or expert aid, medicine and medical
services and for psychological and for social services costs occurred.

When from accused or from other sources fully compensation is not provided to the victim, there
should be states responsibility to provide compensation to:-

(i) Victims who cause serious bodily injury or loss mental or physical health due to
serious guilt of the accused.
(ii) The family of the person who has died or became physical or mentally incapable due
to the wrongful act of the accused and on that person family was depend.

Rehabilitation- In Rehabilitation the expenses which is incurred under the medical and
psychological care, and also the amount which is paid by the victim for the Legal aid and any
other expenses related to his case.

Satisfaction- Satisfaction has a broad term means facts of the case were verified and verification
of the pubic discovery of the truth, dignity was restored by the decision of the judiciary or the
official, rights and reputation of the victim means judicial and administrative approval,
commemoration, public apologies.

Guarantees of Non Repetition- under this scheme the government focus on the control on the
military and any other security force which and they aim to improve the independence of
judiciary and they also work in the protection of human right and try to promote the right of
human.

COMPARE VICTIM COMPENSATION PROGRAMMES WITH OTHER COUNTRIES

United States of America (USA)

 For every state of the United States Victim Compensation is the main object. In 1965
Victim Compensation programme was introduced in California and till 1982, 36 states of
the United States introduced the Victim Compensation programmes in their states.
 In 1984 Victims of Crime Act (VOCA) was established a Crime Victims Fund to victims
of crime which is administered by the Office for Victims of Crime which works under
US Department of Justice. From state funds $100 as compensation is gives to victims,
from the Crime Victims fund grant of $40 will be give to the Victims of Crime.
 All 50 states and 3 territories have victim compensation programmes at completing the
1999.
 Around $250 million is paid annually to more than 110,000 victims in the country under
these programmes.
 The office for Victims notwithstanding giving government financing to state
remuneration projects gives financing to an inside and out assessment of remuneration
and injured individual help programs, for four "Exploited people Services 2000' programs
intended to build up a complete and facilitated arrangement of administrations for
casualties of wrongdoing which will fill in as models for other networks to follow in the
21st century and set up a Community Crisis Reaction program to improve injured
individual administrations in networks which have experienced violations.
 From special fines and penalties which is given by the federal criminal offenders funds
are come for all this activity. In fact largely funds are come from corporate offenders by
imposing a fine.
 In United States of America there are some laws relating to Victim Compensation such
as:-
(a) The Crime Victims Reparations Act, 1974
(b) The Victim and Witness Protection Act, 1982
(c) The Crime Victims Bill of Rights, 1983
(d) The Victims of Crime Act (VOCA), 1984
(e) The Victim and Witness Protection Act, 1994
 For medical expenses, lost wages and mental health counseling all states of the US
compensate to the Victims. In all states for funeral expenses states may be compensate
 the legal heir of deceased victim. Drunk driving and domestic violence are in the list of
some states of the US for compensating the victim.
 Local or State Departments of Health or Human Services which is non criminal justice
agencies Victim/Witness services may also provided. Many private organizations in US
make programmes for victim like rape crisis sentence.

United Kingdom (UK)

 In United Kingdom for Victims support there is an independent organization which is

separate from the police, courts or any criminal justice agency.
 It is not a matter whether crime has been reported or not and also it is not a matter when
crime s happened, Victim support services is available to everyone at free of cost.
 Those people who effect from crime helps is done by the Victim Support Charity which
is independent. Charity work is to promote and aware the rights of victims and witnesses.
Victim Support charity works in the England, Scotland, Wales and Northern Ireland.
 Victim Support Charity covers the whole of England and Wales with the help of local
branches. For Scotland, Northern Ireland and the Republic of Ireland Victim Support
have separate organizations.
 With Victim Support anyone who affected by crime can directly contact for help. If
affected person report a crime in police they can also helped by the Victim Support if
they contact with the Victim Support.
 For Witnesses they operate separate services in England and Wales in every criminal
Case for giving information and when victims, witnesses their families and friends go to
Court Victim Support Charity support them.
 Witnesses who help in providing the evidence which also cover defence witnesses also
help them and if victims of crime and their families and friends has to go for Court for
any reasons they also helped by the Victim Support.
 People can directly contact with the local witness service. Witness Service is also a free
and independent of the police and Courts same as Victim Support.

Australia
  In Australia Schemes related to Crime Victim Compensation based on State Wise. Every
state has its own schemes according to State Law.
 In the State where the crime is committed claimant has to file an application for taking
the Compensation in the Compensation Agency or in Court.
 Many States provide a maximum compensation between $ AUS 15,000 and $ AUS
60,000. Loss of enjoyment of Life, funeral, Medical expenses, lost wages, travel
expenses, mental health counseling any incidental charges etc included in the awarded
compensation.
 A few States give crisis grants or speed up handling for unfortunate casualties looked
with additional standard money related hardship. In Australia the compensation which is
given under compensation scheme is come from consolidated revenue.

Canada

 In Canada financial compensation is provide to victims of violent or victims of personal

crimes. The schemes are governed by the States of Canada according to their own norms.
 In Canada compensation is to provide victims of crime, if a person is dead then their legal
heir and foreign citizens and generally within one year claimant is has to report to the
Police and in some states of the Canada claimant has right to report in Police within two
years from the date of incident and within one year claimant has to file an application for
compensation and in some states within two years claimant has to file an application fr
compensation.
 A petitioner may acquire an application by reaching the Program inside the territory in
which the wrongdoing happened and the application ought to be sent legitimately to the
Program Office.
 Between one to five years after receiving the application decision is come and the
claimant received the compensation approximately within four from the date of decision.
 Medical expenses, lost wages for incapacitated or disabled victims, funeral expenses,
mental health expenses, rehabilitation for disabled victims and lost support for
dependents of victims and administrations to replace work in the home recently
performed by the person in question,
  Award ranges in Canada was between $ 5,000 and $ 25,000 Canadian Dollars. For aged
and terminally ill victims urgent compensation is also offered.
 Each state provides compensation either from consolidated revenue of the state,
surcharge revenue, general tax revenue or a mixture of these.

Japan

 Under the Office for Victims of Crime, Pay and Welfare Section, National Police Agency
National Public Safety Commission is operate the Victim Compensation Programme in
Japan.
 Victims who suffer serious injuries, legal heirs who residing in Japan Legally and foreign
citizens when the crime occurred the victim was residing in Japan Legally are eligible for
claiming compensation.
 Victim of crime has report to the police and police has to investigate the case. In any
police station or in prefectural police department claimant can file an application for
claiming the compensation. Claimant must have to send an application to the prefectural
public safety commission through the police station or the prefectural police department
under the jurisdiction where the claimant resides.
 Around 5 months time is taken by the authority for announcing its decision on application
of claimant and approximately 2 or more weeks is taken by the authority to provide
compensation after announcing the decision n application of claimant for claiming the
compensation.
 In Japan maximum compensation are given- for Bereaved family benefit 10,790,000 Yen
and for incapacity benefit 12,730,000 Yen.
 National expenditure is funded the programme in Japan.

Switzerland

 At the state level Federal Law on Crime Victims Assistance was enacted by the
Switzerland Government in October 1991. The government law sets forward general
rules for wrongdoing exploited people help and requires the foundation of nearby guiding
focuses.
  In the state where the crime was occurred with the help of counseling center the victim
must ask for the compensation and assistance. For awarding the compensation to the
victim every states has its own guidelines.
 Swiss Federal Bureau of Justice operates the Crime Victim Compensation Programme in
Switzerland. Within 2 years from the date of filing a report before the police about the
incident victim has right for claiming the compensation.
 Victims of crime, legal heir of deceased victims, foreign citizens have a right to claim
compensation and citizens of Switzerland who suffered loss or damage in other country
has not right to claim compensation.
 Every state has different amount of compensation.
 Medical expenses, Psychological Care, Lost Wages and Funeral expenses are come under
compensation costs.
 If the crime victim needs immediate aid then he/she has right to receive compensation in
advance.

CONCLUSION AND SUGGESTIONS

In 2008 Central Government do a important amendment in Cr.P.C.,1973 by adding the section

2(wa) and Section 357A in Code. Section 2(wa) defines the term ‘Victim’ it means that who
have suffered loss or damage in his/her life, whereas under section 357 A the victim or his/her
dependents can claim the compensation from the court or they can also apply under District
Legal Service Authority where District Legal Service Authority also provide help for the victim
which suffered by the child sexual abuse., human trafficking, and Rape and the compensation us
should be given under months without any delay. Under this section the victim have not wait for
the compensation till the final verdict or criminal is identified or traced because the victim easily
identifies so the victim cam claim compensation before the final verdict for this compensation
they have to write a letter or application to District Legal Service Authority for the compensation
same law is also apply to the victim legal representative that they can claim the compensation
under District Legal Service Authority and because of this amendment each state have its own
Victim Compensation Scheme.
But there is inequality in the Section 357A that every state has its own compensation scheme.
For example in Orissa maximum amount is paid to Rape Victims is Rs. 10 thousand as
compensation whereas in Goa the maximum amount is paid to Rape Victims is Rs. 10 Lakhs as
compensation. After viewing these 2 states scheme it can be said that there is lack of uniform
Victim Compensation scheme which means that rape victims fail to get compensation.

As after viewing the Victim Compensation Scheme of various countries it can be said that in
India there is a lot of improvement required for improving the conditions of crime victim. First
that, the amount of compensation is to be increased because the harm which is suffered by the
victim is critical and the expenses of the treatment are very expensive so there should increase
the amount of compensation. Secondly, the remedy or compensation which is given to the victim
should be provided as soon as possible. Thirdly, the protection should also given to the witness
because they also play major role in the case and we have seen many cases where witness have
threatened many times by the offender so because of this the protection should be given to the
victim and lastly Government has to make a separate Law for the Victims which talks about the
Rights of Victim in which also incurred right to receive compensation. There should be a
uniform scheme in the country for the victims.