MATS UNIVERSITY

MATS Law School

LL.M. One Year Programme
1st Semester (July – December 2004)

A Comprehensive Assignment on -
Victim Compensation In India
Subject –Victomology

Assignment submitted by – Priya Kanakria

Date of Submission - 8/01/2024
 Table of Contents

1. Compensation of Victim of crime in India

2. Who is a victim of crime
3. Can a Victim of Crime get Compensation in India
4. How can the compensation be sought
5. History Of Victim Compensation In India
6. The Malimath Committee Report on Victim’s right to
Compensation
7. The provision was incorporated on the recommendation
of the 154th Report of the Law Commission.
8. Victim compensation: Definition, nature & scope
Compensation purpose
9. Laws governing compensation of victims of crime in
India
10. Compensatory Provision Under The Code Of Criminal
Procedure, 1973
11. Central victim compensation scheme
12. Other legal provision in relation of victim
13. Compensation under various law in India
14. Where conviction and fine is part of the sentence
15. Compensation where fine is not a part of the sentence
16. Victim compensation scheme
17. Treatment of victim of crime
18. What to do in case of inadequate compensation
19. Central victim compensation fund scheme
20. Compensatory relief to victim-judicial trend (on the
violation of provisions of constitution)
21. Case laws on victim compensation
22. Suggestions & recommendations
23. Conclusion

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 Compensation of Victim of crime in India

Who is a victim of crime

 Any person, group, or entity who have suffered harm, injury or
loss due to illegal activities of others. The harm may be
economical, mental, or physical.
 Thus any person who has suffered harm because of violation of
criminal law is a victim.
 A person will be considered as a victim even when the offender is
not identified or prosecuted. Term victim also includes
individuals who have suffered harm as a result of assisting
victims in distress or to prevent victimization.
 Not only the person who suffered loss or injury are the victim,
but in some cases, the near and dear of victims (family members)
are also the victims.

Can a Victim of Crime get Compensation in India

Yes, A victim of the offence can get compensation in India.

But there is a procedure which needs to be followed. We will discuss the
procedure at length in the later part of this article.

How can the compensation be sought

The compensation has to be ordered by the court.
Compensation can be sought through the procedure established by the
court. Compensation is awarded for material as well as non-material
damages.

Material damages include medical expenses, loss of

livelihood, etc. Non-material damages include pain, suffering, mental
trauma, etc. In criminal cases, the victims can directly apply for the
compensation, and it is the duty of the lawyer representing the victim to
demand such compensation.

History Of Victim Compensation In India

The ancient Indian History is a witness to the fact that the victims of
crimes have sufficient provisions of restitution by way of compensation
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to injuries. Author of the book, General Principle of Hindu
Jurisprudence Dr. Priyanath Sen has observed:
“It is, however, remarkable that in as much as it was concerned to be the
duty of the King to protect the property of his people, if the King could
not restore the stolen articles or recover their price for the owner by
apprehending the thief, it was deemed to be his duty to pay the price to
the owner out of his own treasury, and in his turn he could recover the
same from the village officers who by reason of their negligence, were
accountable for the thief escape.”

Reparation or compensation as a form of punishment is

found to be recognized from ancient time in India. In ancient Hindu law,
during Sutra period, awarding of compensation was treated as a royal
right. The law of Manu, requires the offender to pay compensation and
pay the expenses of cure in case of injuries to the sufferer and satisfaction
to the owner where goods were damaged. In all cases of cutting of a limb,
wounding or fetching blood, the assailant shall pay the expenses of a
perfect cure or in his failure, both full damages and a fine.
It shows that the victim compensation was never an alien
concept in the justice delivery systems of the country. The edifice of the
law in our present day legal systems relating to the victim compensation
are provisions contained in the Criminal Procedure Code, 1973 and
various judgments of the Honble Supreme Court. The question that
arises for consideration is that despite having laws for victim
compensation are these laws being satisfactorily used by those on who
lies the duty of the execution of these laws and to give beneficial effects to
it.

The reasons are many. Some more prominent are like the
12th century distinction of English law of wrongs into civil wrongs and
criminal wrongs which leads to misconception that the area of
compensation is something exclusively belonging to the domain of civil
law and others less obvious like the ignorance of those who can give
effect to these benefactions. The present criminal justice system is based
on the assumption that the claims of a victim of crime are sufficiently
satisfied by the conviction of the perpetrator.

It is a truth that in our present day adversarial legal system

between the state and the accused, the victim is not only neglected but is

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lost in silence. The role of the victim is limited to report the offence and
depose in the court on behalf of prosecuting party, which is the State.

The Malimath Committee Report on Victim’s right to

Compensation

The Malimath Committee reflected on the present criminal

justice system that not only the victim’s right to compensation was
ignored except as token provision under the Criminal Procedure Code
but also the right to participate as the dominant stakeholder in criminal
proceedings was taken away from him. He has no right to lead evidence,
he cannot challenge the evidence through cross-examination of witnesses
nor can he advance arguments to influence decision-making.

The Malimath Committee Report

In order to revisit the machinery of criminal justice in India,
in 2003, the Committee on Reforms of Criminal Justice System was
constituted under the Chairmanship of Justice V.S. Malimath. The
Malimath Committee Report made observations regarding the history of
the criminal justice system and how it was apparent that it mostly
protected the power, the privilege and the values of the elite sections in
society
The State is believed to actualize this by depriving individuals
of the power to take law into their own hands and using its power to
satisfy the sense of revenge through appropriate sanctions. The
Committee Report argued that the State itself becomes a victim when a
citizen commits a crime, and as a consequence undermines its authority
and contravenes norms in society.

It is this victimization that shifted the focus of attention from

the real victim who suffered the actual injury to the offender and how he
is handled by the State. It was this failure of the State to adequately
protect the interests of its citizens that led to the transformation of torts
to crimes. With respect to the criminal, the Report noted that criminal
justice has matured to comprehend the intricacies of the vehicle of crime:
the criminal and the process of ascertaining his guilt, proving it in a court
of law and punishing him. Since victims were marginalized and
vulnerable, the State stood forth in the shoes of the victim to prosecute

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and punish the perpetrator. With respect to the rights of the victim, the
Report pondered –

What happens to the right of victim to get justice to the harm

suffered? Well, he can be satisfied if the State successfully gets the
criminal punished to death, a prison sentence or fine. How does he get
justice if the State does not succeed in so doing?

Can he ask the State to compensate him for the injury? In

principle, that should be the logical consequence in such a situation; but
the State which makes the law absolves itself. The principle of
compensating victims has been recognized more often as a token relief
than as a punishment to the offender, or substantial remedy to the victim
offered by law.

The provision incorporated on the recommendation of the

154th Report of the Law Commission.

However, provisions in the procedural law of crime in India

provides for sentence of fine imposed both as a sole punishment and as
an additional punishment according to the wisdom of the court.
However, this provision is only invited when the perpetrator is convicted
of the charges he is accused of. In 2008, significant amendments were
made to the CrPC that focused on the rights of victims in criminal trial,
particularly relating to sexual offences.

Although the amendments left Section 357 unaffected, they

introduced Section 357-A which empowers the court to direct the State to
pay compensation to the victim in cases where 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. Section 357A subtly recognizes compensation as one of the
methods to protect the interest of victims.

The focus of the provision is on the rehabilitation of the

victim even if the accused is not tried. In such instances, the victim is
required to make an application to the State or District Legal Service
Authorities as the case may be, for the purpose of Sec. 357, CrPC.
Inserted by Code of Criminal Procedure Amendment Act (2008). Sec.
357A,CrPC.

The jurisprudence of this provision and the obligation of

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courts have been defined by the Honble Supreme Court:
While the award or refusal of compensation under Section 357 of Code of
Criminal Procedure, in a particular case may be within the court's
discretion, there exists a mandatory duty on the court to apply its mind
to the question in every criminal case. Application of mind to the
question is best disclosed by recording reasons for awarding/refusing
compensation.
Victim compensation: Definition, nature & scope

In today’s era the victimology is not only limited about

studying penal relation. But compensation to victim is also gaining
importance. Any person who has suffered damage he or his dependants
are entitled to get compensation. In the medieval era criminal or his kin
used to give compensation for any wrongful act. If the accused is not in
the capacity to pay the compensation, then the state is duty bound to pay
the compensation.

“Ubi jus ibi remedium is a principle in the of torts which

says that states that there is no wrong without a remedy and the rule of
law demands that one should not be disturbed by wrongdoing.
Compensation is a mandatory measure in tort law and the principles
governing the compensation and determination of damages are very well
acknowledged in the tort law. The term “Compensation” in the current
scenario means repayment for the loss suffered. Anything that is given to
make things equal is called compensation, a thing that is given to make
reparation for the loss, repay, recompense or pay. It can be seen as a
liability of the society which is of civil. Compensation, is different from
damages is used for any unlawful act, which cause the damage or loss to
any person. The meaning of compensation is the money is given for
compensating any damage or loss.

The main objective behind the compensation is to make the

loss bearable to the victim either the person has suffered financial loss or
not. The crux of providing compensation is to provide some sort of help
to the victim who has suffered the damage either it be physical,
psychological or emotional and supports the victim to recover from the
trauma as soon as possible and works as a helping hand.

Need for victim compensation: The Hon’ble Supreme Court stated

the importance of victim compensation in Maru Ram v. Union of India

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“ ... A victim of crime cannot be a ‘forgotten man’ in the criminal justice
system. He is the one who suffered the most. His family is devastated,
especially in terms of death and physical injuries. This is in addition to
factors such as loss of honor and humiliation. An honor that is lost or a
life lost cannot be regained but then the currency compensation will at
least give some comfort. ”

Compensation purpose

When a victims gets compensation for any crime he has

suffered it becomes very important to the person because it symbolizes
justice towards the victim and it can be seen as a financial help for the
victim.

 In the society when compensation is awarded its shows that there is

something wrong that is done to the victim.
 The compensation would work as a step towards helping the victim
to overcome the trauma and the damages that is suffered by the
victim at individual level.
 The compensation helps victims in transforming their lives.

Funds to Provide Compensation to the Victims Compensation can be

provided by both offender as well as the state as the case may be. In some
state there are programs which are state administered in cases of violent
crimes. In some cases it is not necessary that the offender is caught or
known in those cases it is helpful if there is a state funded program to
give compensation to the victims. basically state programs are biased un
formal than any other civil proceeding. There may be different sources
from which the victim compensation funding can be done these sources
are confiscated property, fines , tax revenues and other funding of the
state or any private institution.

Laws governing compensation of victims of crime in

India
 The provisions relating to compensation to victims of crime are
contained in sections 357, 357(1), 357 (2), 357 (3), 357A, 358, 359
and 250 of the Code of Criminal Procedure, 1973.

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  Constitution of India also provides for certain safeguards to
the victim of crime. Article 14 and 21 of the Constitution supports
the argument.

Compensatory Provision Under The Code Of Criminal

Procedure, 1973

Section 357:Order to Pay Compensation

The extent and application of Section 357 extend to any order in relation
to compensation which is passed by the trial court, a court of the session
or any appellant or High court while applying their revision jurisdiction.
The Apex court is also empowered under this section to order
compensation. The implementation of this Section is restricted in the
application under four specific instances.

These compensations can be claimed by the complainant to satisfy and

meet the expenses that were incurred during prosecution. A person who
has suffered damage or injury by the offence can also recover the amount
in these competent courts. These courts are empowered to provide such
compensations to the individual who is entitled to recover damages
under the Fatal Accidents Act, where there has been a conviction in
relation to causing death or abatement.

Section 357 also extends to cases where there has been injury done to a
property. In such cases, courts can order compensation to the authentic
purchaser of the property, which has been the subject of theft, criminal
breach of trust, cheating, misappropriation or acquiring or retaining or
disposing of the stolen property and which is ordered to be restored to
the genuine owner. Section 357, Subsection empowers the court to order
payment of compensation, even in cases where the punishment Section
357, Subsection mentioned does not comprise of payment of any fine.

Section 357A: Victim Compensation Scheme

In the 154th amendment, it was observed by the Law Commission that

the earlier recommendations have not been considered or given effect by
the government. In order to achieve the practical application of the
previous provision of Section 357, an additional provision of Section
357A was added. Earlier in the absence of 357A, there was no duty

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towards the victim and compensation could be availed only after the
accused was convicted.

Section 357A was formulated in the year 2009, where the Central and the
State Governments made Victim Compensation Schemes (VCS). The
scheme was in order to provide compensation to the victim and his/her
dependents for the losses and damage caused by the offender; the
responsibility to generate and sustain the fund is upon the State
Government. In cases, where the Victim Compensation Scheme can be
availed is when there is inadequate compensation paid by the accused or
discharged of the accusations or offender not traceable or identifiable, in
addition to compensation pay.

Section 358: Compensation to persons groundlessly arrested

This section provides for compensation to any individual, who without
any reason has become a victim of an arrest. In order to apply this
section, there needs to exist a direct connection between the complainant
and the arrest. The arrest must be caused by a certain piece of
information in the absence of any sufficient ground. It has been stated
that in such a situation, the Magistrate may provide compensation to the
extent of Rs 1,000 to the individual who has been the victim for the same.

Section 359: Order to pay costs in non-cognizable cases

This section deals with situations where there exists a complaint for a
non-cognizable offence, made to a court and the accused is convicted.
The section propounds that the Court of Session, an appellant court or
High Court while applying their revision jurisdiction can order for
payment of costs. In addition to the penalty imposed, the court can also
order the accused to pay in whole or in part, to the complainant, the cost
incurred during the prosecution. The court along with this also possesses
the power to sentence the accused to imprisonment for a time span not
more than 30 days in cases where he fails to make the payment.

Right to life under Article 21 of the Indian Constitution

Victim compensation was a unique concept formulated by the Indian

Judiciary in order to secure justice. The modern concept of justice has
shown immense concern by providing relief mechanisms to compensate
victims. Hence, provisions and legislations catering to victim

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compensation have been evolving ever since the formulation of the
Indian Constitution.

The genesis of rights of the victims started fostering during the last few
decades following the UN Declaration of Basic Principles of Crime and
Abuse of Power, 1985. Since then, the acknowledgement that the victim
comes under the under the centre of the criminal justice system arose,
and consistent efforts were made in order to improve their conditions.

Central Victim Compensation Scheme

The Ministry of Home Affairs introduced the Central Victim

Compensation Scheme (with effect from August 2015) in addition to the
existing Victim Compensation Scheme which further increased the
quantum of compensation in cases of rape and sexual assaults. In
addition to this, women of cross border suffering partial or permanent
disability were also addressed.

Uniform compensation was determined for all states,

including Rs. 3 lakes for acid attack and rape victims, Rs. 1 lakes for
rehabilitation for victims of human trafficking etc. Cases where the
victim was below 14 years of age, the compensation had to be increased
by 50% over the amount specified. Various states have amended the
scheme in analogy to the directions given by the centre except for
Arunachal Pradesh, Assam, Chhattisgarh, Himachal Pradesh, Karnataka,
Tamil Nadu, and Uttar Pradesh

Other Legal Provision In Relation Of Victim Compensation

Under Verious Law In India

The Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 has been a
massive success in relation to the revolution of women rights, towards
victims who were suffering from domestic violence after 16 years of
struggle. The definition of domestic violence includes physical, sexual,
verbal and emotional abuse.

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The aspect of trauma arising out of physical abuse in the absence of any
medical reports was addressed and compensated for, in the recent case
of Smt. Haimanti Mal v. The State of West Bengal (2019). The
Calcutta High Court awarded a compensation of Rs. 1,00,000 for mental
torture and emotional distress on the basis of Section 22 of the
Protection of Women from Domestic Violence Act, 2005.

The unique feature of this Act is that the victim can get continued access
to the facilities or resources which the victim is entitled to use or enjoy as
a result of an existence of a domestic relationship, which would be
inclusive of the access to the shared householder. The police officer or
magistrate who acquires the complaint has an obligation to inform the
victim about her right to obtain a protection order or order of monetary
relief, custody order, residence order, compensation order or more than
one such order. This Act deals with the protection of the rights of the
women which is guaranteed under the constitution.

Prevention of Caste-Based Victimization and Protection for

Victims: The Scheduled Castes and the Scheduled
Tribes(Prevention of Atrocities) Act, 1989

This Act is formulated to eradicate the atrocities against the members of

the Scheduled Castes and Scheduled Tribes. Under this Act,
compensation of victim is mandatory, apart from several other reliefs
which depend upon the condition and kind of atrocity caused. Monetary
compensation varying from Rs. 25,000 to 2,00,000 is determined
according to the severity of the offence.

The Maintenance and Welfare of Parents and Senior Citizens

Act, 2007

This unique law is targeted towards the protection of elders and the
prevention of any kind of elder abuse and victimization, which is a
growing concern in many countries including India. Under this Act, there
is a duty instilled among the children or adult legal heirs for maintaining
their parents, or senior citizens above the age of 60 years, who are
incompetent to maintain themselves from their own earnings, in order to
allow them to lead a normal life. In cases where the children or legal
heirs disregard to maintain the senior citizen, it gives the power to the

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Tribunal to pass an order to ask the children or legal heirs to supply
monthly allowance.

Compensation under Probation of Offenders Act, 1958

The Probation of Offender Act, 1958 also contains provision for
compensatory relief to Victim of crime under Section 5(1) of the Act. The
Section provides that the court directing the release of an offender under
Section 3 or Section 4 of the Act, may if it deems fit, further direct the
accused to pay such compensation to the victim, as the court think
reasonable for the loss or injury caused to the latter, as also the cost of
the proceedings.

Compensation of Victim under Motor Vehicle Act 1988

The victim of vascular accidents or their legal representative in case of
death of victim are entitled to claim compensation from the offender
under section 5 of the Motor Vehicle Act, 1988. However, the power in
this regard is vested only with the court and non else.

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. The fine
imposed is utilised to compensate the victim of fine in the following
ways.

#1 Compensating for the expenses incurred during litigation

(357 1 a)

 This is the essential relief which a victim of a crime must get.

Litigation costs in India are very arbitrary. The lawyer charges
hefty amount. Getting justice at times adds to the burden of the
victim itself. Instead of getting justice, the victim is trapped in
the honeycomb of justice delivery system.
 The court knows this fact and thus, compensate victim by
providing them the expenses incurred during litigation.

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#2 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.
 In the payment to any person of compensation for any loss or
injury caused by the offence, when compensation is, in the
opinion of the Court, recoverable by such person in a Civil Court.

#3 Compensation in case of death

 One might question the fact that, who is the victim where death
has been caused? As the victim is already dead, who should be
compensated for the crime?
 It is the family of the victim. Think of the mental trauma they
might have gone through. Medical expenses incurred, expenses
during last rites. What if the victim who died was the sole bread
earner of the family?
 The Court is well aware of such situation. Therefore, the
legislature and the judiciary tied their hands to do complete
justice.
 Victims are entitled to recover damages from the person
sentenced for the loss resulting to them from such death. When
any person is convicted of any offence for having caused the lives
of another person or of having abetted the commission of such a
crime.
The following people can exercise a victim’s rights if the victim
is dead or not able to act on his or her own behalf:

A victim’s spouse

A common law partner who has lived with the victim for at least one year
prior to the victim’s death

A relative or dependant of the victim

Anyone who has custody of the victim or of the victims dependant

A person who has been charged, convicted, or found not criminally

responsible due to a mental disorder for the offence that resulted in the
victimization is not defined as a victim.
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For example, if a parent has been charged with abuse of a child, that
parent will not be allowed to exercise the child victims rights or their own
rights as a parent.

 Within the Indian legal framework, the term victim is defined

under Section 2(wa) of the CrPC[8], 1973 as a person who has
suffered any loss or injury caused by reason of the act or omission
for which the accused person has been charged and the expression
victim includes his or her guardian or legal heir.

#4 Compensation of victim of crime in offences like theft,

cheating, criminal breach of trust, etc
In cases of crime such as theft, cheating, criminal breach of trust,
criminal misappropriation, 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.

Compensation where fine is not a part of the sentence

The accused person in such case may be ordered by the court to pay a
certain sum as compensation to the victim of crime who suffered loss or
injury. Indian legal system is victim friendly. Victim’s rights are kept at
the top of the priority list.

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.

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.

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Quantum of compensation under the scheme
It is the court which orders that the victim who suffered loss needs to get
compensated. 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.

Compensation in cases where the accused is not found guilty

or the culprits are not traced
Where the cases end in acquittal or are discharged, and the victim has to
be rehabilitated, the court may make a recommendation for
compensation.

Where the offender is not traced or identified, but the victim is identified,
and where no trial takes place, the victim or his dependents may make an
application to the State or the District Legal Services Authority for
an award of compensation.

Who is to provide compensation in the above case

 The State or the District Legal Services Authority shall, after due
enquiry-award adequate compensation by completing the inquiry
within two months.
 Also, it is the duty of the State or the district legal service
authority to provide an immediate first-aid facility or medical
benefits to the victim free of cost on the certificate of the police.

Treatment of victim of crime

All hospitals, public or private, whether run by the Central Government,
the State Government, local bodies or any other person, shall
immediately, provide the first-aid or medical treatment, free of cost, to
the victims of any offence covered under the following of the Indian
Penal Code,

 376 (Rape)
 376A (intercourse by a man with his wife during separation)
 376 B (intercourse by a public servant with a woman in his
custody), 376 C (Intercourse by superintendent of jail or a
remand home), 376 D (intercourse by any member of the staff of

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 a hospital with any woman in that hospital) of the Indian Penal
Code.
 376 C (Intercourse by superintendent of jail or a remand home),
 376 D (intercourse by any member of the staff of a hospital with
any woman in that hospital) of the Indian Penal Code

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.

When is the compensation to be provided

 Along with the duty of the offender, it is the duty of the state too,
to compensate the victim. Compensation to the victim of crime
can be provided:
 At the conclusion of the trial. That is on the orders of the court.
 When inadequate compensation is granted by the lower court to
the victim of crime, the Appellate Court might increase the
compensation.
 Where accused is not traceable, it becomes the duty of the state
to compensate the victim of the crime.
Central victim compensation fund scheme

The Central government in 2015 formulated the CVCF scheme to

compensate the determined. Every state has their own guidelines which
decide the procedure.

Step 1 Making an application before the District/State Legal Service

Authority

 An application can be made for temporary or final compensation.

It can be filed by the Victims or their dependents or the SHO of
the area.
 The application must be submitted along with a copy of the First
Information Report (FIR), medical report, death certificate, if
available, copy of judgment/ recommendation of court if the trial
is over, to the State or District Legal Services Authority
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Step 2 The scrutiny stage.
District Legal Service Authority of every state first verify the content of
the claim. Specific loss, injury, rehabilitation is taken into consideration.

Step 3 Deciding the quantum of compensation to be given to victim of

crime
The quantum of compensation to be granted is decided on the following
factors,

 The gravity of the offence and the loss suffered by the victim.
 Medical expenditure incurred during treatment.
 Loss of livelihood as a result of injury or trauma.
 Whether the crime was a single isolated event (Example Theft) or
whether it took place over an extended period of time (Example
multiple times, Rape with a woman who has been locked in a
house)
 Whether the victim became pregnant as a result of such offence.
 In the case of death, the age of deceased, his monthly income, the
number of dependents, life expectancy, future
promotional/growth prospects etc.
 Or any other factor which the Legal Service Authority might
deem fit.

Step 4 Method of disbursement of compensation

 The amount of compensation so awarded shall be disbursed by

the respective Legal Service Authority by depositing the same in
a Nationalized Bank in the joint or single name of the
victim/dependent(s).
 Out of the amount so deposited, 75% (seventy-five percent) of the
same shall be put in a fixed deposit for a minimum period of
three years.
 The remaining 25% (twenty-five percent) shall be available for
utilization and initial expenses by the victim/dependent(s), as
the case may be.
 In the case of a minor, 80% of the amount of compensation so
awarded, shall be deposited in the fixed deposit account and shall

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 be drawn only on attainment of the age of majority, but not
before three years of the deposit

Where to complain when the compensation is released by

the authority, but the same has not reached in the hands of
the victim

 This is an unforeseen situation which can further worsen the

condition of the victim.
 Where the funds are released, but the allotted fund has not
reached to the victim, it is preferred to go in person to the
District/Legal Service Authority and complain the same. The
Legal Service Authority might ask you to inquiry the same with
the bank authorities. Do as advised by the Legal Service
Authority.
 District/Legal Service Authority is designed to help the people,
and they are performing their duty well. But if the issue is not
redressed yet, there is no other option left than to fight another
legal battle.
 It is advised to file a writ petition in the High Court under Article
226 of the Indian Constitution.

Compensatory Relief To Victim-Judicial Trend (on the violation

of provisions of Constitution)

The Indian Constitution, the supreme law of the land,

enunciates no specific provision for victims. However, Part IV, Directive
Principle of State Policy, Art 41 and Part V, Fundamental Duties, Art 51A
lay down the duty of the state to secure the right to public assistance in
cases of disablement and in other cases of undeserved want and to have
compassion for living creatures and to develop humanism respectively.
These articles have been interpreted in an expansive manner to find
support for victims of crimes . The right to compensation has also been
interpreted as an integral part of right to life and liberty under Art. 21 of
the Constitution.

The contribution or judiciary to redress the claim of victim of

crime is no less significant. The higher courts have played a dominant
role in assuring compensatory justice to the victim of crime. While
awarding such compensatory relief, they have exercised due care and
caution to ensure that people�s faith in judicial process in not shattered

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and the victim protective rights are not denied to them. Some of the
landmark judgement of the Supreme court ensuring restorative justice to
victim of crime reflect the growing concern of judiciary to protect the
right of victims.

The principle of payment of compensation to the victim of

crime was evolved by Hon'ble S.C. on the ground that it is duty of the
welfare state to protect the fundamental rights of the citizens not only
against the actions of its agencies but is also responsible for hardships on
the victims on the grounds of humanitarianism and obligation of social
welfare, duty to protect its subject, equitable Justice etc.

Case Laws on Victim Compensation

King can do no Wrong" and clearly stated in the case of Nilabati

Behra v State of Orissa (AIR 1993), that doctrine of sovereign
immunity is only applicable in the case of tortuous act of government
servant and not where there is violation of fundamental rights and hence
in a way stated that in criminal matters (of course if there is violation of
fundamental rights) this doctrine is not applicable.

Rudal Sah v State of Bihar (AIR 1983) is the most celebrated case
where the Hon'ble S.C. directed the state to pay compensation of Rs
35,000 to Rudal Sah who was kept in jail for 14 years even after his
acquittal on the ground of insanity and held that it is violation of Article
21 done by the State of Bihar.

The case of Bhim Singh v State of J&K(1986) is another important case

where Bhim Singh an MLA was arrested by the police only to prevent
him to attended the Legislative Assembly, the Hon'ble Court not only
entertained the writ petition of his wife but also awarded the
compensation of Rs 50,000 to be paid by the state.

The case of Meja Singh v SHO Police Station Zira is another

unfortunate case where this time High Court of P&H took the cause of
victim and awarded the compensation of Rs 25,000 for illegal detention
of son of the petitioner. This time it was High Court Bombay, which took
the cause of the victim in the case of Ravikant Patil v DG Police,
State of Maharashtra where the petitioner was taken handcuffed to
court in clear violation of Judgment of Hon'ble S.C. that is law, as
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decided in the case of Prem Shanker Shukla v Delhi
Administration. Custodial Death is another burning issue where
the courts have awarded compensation to the victims of crime and the
most important case under this heading is of Mrs. Cardino v
UOI where although the accuse was arrested on the charge of
misappropriation of some plastic ware and hospital; utensils worth
Rs1500 but tortured like hard core criminal and hence he succumbed to
the torture. Here when the matter was brought before the Hon'ble High
Court of Bombay which gave the compensation of Rs 2,00,000 to be paid
by the state.

On the issue of brutal use of force and misuse of authority by the police
outside the police station case of SAHELI v Commissioner of
Police (AIR 1990) is land mark where the son of Kamlesh Kumari died
due to ill treatment by a S.I. of Delhi Police, the Hon'ble S.C. directed the
Delhi Adm. to pay the compensation of Rs 75,000.

Suggestions & recommendations

After making a comparative analysis, it can be seen in last decades the

scenario of victim compensation has changed drastically. If we compare
other countries position with India we can see that other countries are
more developed to improve india’s stand there are some suggestions
given below

1. In India there is a need of extensive legislation on victim

compensation.

2. As the upcoming concepts in America such as statement of victim

compensation which helps in increasing the contribution of victim. Such
concepts are required in India to increase the involvement of victims in
justice system.

3. The statement for victim impact would contain: i) The bodily,

psychological or emotional impact of the crime. ii) It would cover the loss
done to the family such as guardians and caretaker. iii) The need for
restoration.

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4. India should adopt other significant measures to provide
compensation as a statutory right, and a special provision that mandates
judges to record the reason of not providing compensation.

5. Funds created by state for victim assistance can be taken as ready for
anytime relief which can further prevent victimization.

6. On the basis American system acts like victim of crime should be built
to give assistance to “victim assistance efforts” or “state victim
compensation programs” it provides subsidy etc. it is a good step that
india should adopt.

Conclusion

Victim compensation is now an important side of giving justice to the

victims. Beside the traditional punishment system reparation to victim
has reduced the accused leaning approach in justice system but in the
case of India despite some emergent developments in this direction,
there are multiple defects and problem in this area for that coordinated
effort from all the organization is required in the justice system. After the
synchronized work efforts, lucidity and liability in every part of criminal
justice system is another important need to make the successful
implementation of pre-existing provisions possible.

The End

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