RAJASTHAN STATE LEGAL SERVICES AUTHORITY,

RAJASTHAN HIGH COURT CAMPUS, JAIPUR BENCH, JAIPUR.

(Phone: 0141-2227481, 2227555, 2227602 FAX)

No. RSLSA/Guidelines/compensation Scheme/ 2012 Date: 25.7.2012

General guidelines for effective implementation of Rajasthan Victim

Compensation Scheme, 2011 in addition to the guidelines issued by
Home (Prosecution) Department and additional Chief Secretary
(Home)’s Office.

As we are aware that Government has notified Rajasthan Victim

Compensation Scheme 2011 (in short Scheme 2011) and as per Scheme
responsibility of its implementation has been shouldered on the Rajasthan
State Legal Services Authority and District Legal Services Authority.

To maintain uniformity in its implementation in the State, clarification

from the State Government on certain issues were called for by this
Authority vide its letter No. 20074 dated 14-3-2012 which are made
available vide letter No. 90 dated 20-6-2012 by the department of law. Copy
of the said relevant letter of this office and clarification made available by
the Law Department has already been sent to all District Authorities.

In addition to above I am also directed to provide you further more

procedural clarification to make the process simplify in this regard as under:-

1. This Scheme 2011 is framed under the amended provisions of 357-A

Cr.P.C. so in implementing the Scheme the provisions of Sec. 357-A
Cr.P.C. keeps much relevancy and needs to be looked into as and
when required.

2. Factum of eligibility under the Scheme: - For granting the

compensation to victim or to his dependent, eligibility criteria’s are
laid- down in clause-4 of the Scheme. Here much emphasis is given
on the words “who have suffered loss or injury as a result of crime
and who require rehabilitation” under the provision 357-A Cr.P.C. and
object of the Scheme. Therefore, for testing the eligibility of the
victim or his dependents for grant of compensation, provisions

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 mentioned in clause-4 (a) to (f) keeps much significance. Here word
“or” in between clause (a) to (f) is not used. In brief (i) claimant
should not have been compensated for such loss or injury under any
scheme of the government or any institution (ii) such loss or injury
should have caused loss of income of the family making it difficult to
meet their both ends without the financial aid or has to spend beyond
his means medical treatment (iii) in cases where perpetrator of
heinous crime is not traceable or goes unpunished after trial and
victim has to incur expenses on physical and mental rehabilitation
under sub-section (4) of 357-A. (iv) where no trial take place and
offender is not traced or identify but victim is indentify such victim
may also apply under sub-section 4 of 357-A Cr.P.C. (v) the
victim/claimant cooperate with the police and prosecution during
the investigation and the trial of the case. Here it is made clear that
on turning the victim/claimant hostile or non-cooperating with the
police and prosecution as above, he or she would not be eligible to get
compensation under this Scheme. (vi) report of the crime without
unreasonable delay to the Judicial Magistrate to the area by the victim.

3. Procedure and stages for grant of compensation:- The procedure

is prescribed under clause-5 of the Scheme which revels as under--
(i) Whenever a recommendation is made by the Court under sub-
section 2 of 357-A Cr.P.C.
(ii) As per sub-section 3 of 357-A Cr.P.C., if the trial Court at the
conclusion of the trial, is satisfied that the compensation
awarded under Sec. 357-A 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
recommendation for compensation.
(iii) As per sub-section 4 of Section 357-A Cr.P.C., where the
offender not traced or indentified but victim is identified and
where no trial takes place.
(iv) Provision of immediate Aid or interim relief:- As per sub-
section 6 of Section 357-A Cr.P.C. and sub-clause-7 of clause-
5 of the Scheme, State Authority and District Authority are
empowered to pass an order for the immediate first Aid facility

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 or medical benefits to be made available free of cost in the
government hospital on the certificate of S.H.O. or the
Magistrate of area concerned.
So also any other interim relief as it may deem fit, may
be passed in this regard by the Authorities as per provisions.
This provision is made to alleviate the suffering of the victim,
therefore, in appropriate cases, it may also be a stage for
submitting and consideration the application .
(v) The provisions of examining, verify the contents of claim and
inquiry as well as the calling of any relevant information to
determine genuineness loss injury caused to victim are
prescribed in sub-clause-1 of clause-5 of the Scheme. Whereas
the basis of determining the quantum of compensation,
elements to be taken into consideration are laid down in sub-
cluase-2 of clause- 5, in which medical expenses incurred on
the treatment, minimum amount required for rehabilitation
including such incidental charges as funeral expenses etc.
Therefore, the compensation may vary from case to case
depending on the facts of each case. Here the provision of sub-
cluase-5 of clause -5 of the Scheme is also to be looked into in
which compensation received by the victim from the State or
other Institution or under any Act will also be taken into
consideration as per the sprit of the Scheme.
(vi) Motor Accident Claim Tribunal jurisdictional cases will not be
covered under the scheme.
(vii) In no case, quantum of compensation will exceed from the
maximum limit as per Schedule.
(viii) The provision of limitation as per clause-7 of the Scheme shall
also be taken into consideration before entertaining the
application.

4. Undertaking and format for information:- An undertaking with

regard to following contents in a specific form prepared by District
Authorities will also be taken along with the application.
(i) That he or she has not been compensated for the loss or injury
under any other scheme of the Central/ State Government or
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 under any other Act or from any other Institution as per sub-
clause of clause-4 and sub-cluase-5 of clause-5.
(ii) If applicant has received the compensation as per sub-clause-5
of clause-5 in this regard, he will have to disclose the facts
truly.
(iii) Contents of sub-clause-(b), (c) and (d) of clause-4 of Scheme
2011 as the case may be, will also be disclosed in application.
(iv) Undertaking of the contents of sub-clause-3 and 5 of clause-5
along with the repayment, (if the Authority after inquiry deems
it fit to pass an order of repayment) shall also be taken with the
application.

5. A copy of order of compensation passed under this Scheme shall be

sent to trial court.

6. Each District Authority shall maintain proper record and register

along with the budget received and utilized. For this monthly
statement shall be sent to this Authority in the Performa enclosed
herewith.

Member Secretary,
Rajasthan State Legal Services Authority,
Jaipur.
No. Date: 25.7.2012
Copy forwarded to following for information and necessary action:-
1- Registrar-cum-Principal Secretary to Hon’ble the Chief Justice,
Rajasthan High Court & Patron-in-Chief, Rajasthan State Legal
Services Authority, Jaipur.
2- Registrar General, Rajasthan High Court, Jodhpur
3- Principal Secretary, Law and Legal Affairs Department, Government
Secretariat, Jaipur.
4- Addl. Chief Secretary (Home), Government Secretariat, Jaipur
5- Principal Secretary, Medical & Health, Government Secretariat,
Jaipur.
6- Director General of Police, Rajasthan, Jaipur with request to kindly
circulate these guidelines to all S.H.Os of Rajasthan.
7- All Chairman, District Legal Services Authorities, Rajasthan
8- All Judicial Officer, Rajasthan

Member Secretary,
Rajasthan State Legal Services Authority,
Jaipur.
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