Victim’s Compensation in India

Declaration of Basic Principles of Justice for Victims of

Crime and Abuse of Power, 1985

Millions of people - Suffer harm as a result of

crime & the abuse of power

Victims Rights - Not adequately recognized

Subjected to – Loss - Damage - Injury &

Suffer hardship when assisting in the
prosecution of offenders
 National and international measures
 Rights of suspects or offenders
 Secure justice & assistance for victims of crime
& victims of abuse of power
 To implement
 To promote
 To review periodically
 To establish and strengthen
 To promote disclosure of relevant information
 To promote the observance of codes of conduct
& ethical norms
• To prohibit practices & procedures - conducive
to abuse
• To co-operate with other States
• To promote training activities
• To sponsor collaborative action-research
• To render direct aid to requesting Governments
• To develop ways & means of providing recourse
for victims where national channels may be
insufficient
• To report, to assist, to cooperate – Victims ?
 A. Victims of Crime
Definition of victim
Regardless of identification of perpetrator
Immediate family members or dependent
Application of the provision
B. Access to Justice & Fair Treatment
Compassion & respect for their dignity
Expeditious, fair, inexpensive & accessible
Informing victims
Allowing the views & concerns of victims to be presented
Proper assistance to victims
 Minimize inconvenience to victims, protect their privacy,
when necessary, & ensure their safety
 Avoiding unnecessary delay
 Informal mechanism
 C. Restitution
a.
Return of property
Payment for the harm
Loss suffered
Reimbursement of expenses incurred as a result of
the victimization
Sentencing option
 b.
Restoration of the environment
Reconstruction of the infrastructure
Replacement of community facilities &
Reimbursement of the expenses of relocation
 c.
Restitution from the State
D D. Compensation
Strengthening & expansion of national funds for
compensation to victims should be encouraged

E. Assistance
 Victims should receive the
 Necessary material
 Medical
 Psychological & social assistance
 Through – Governmental – Voluntary – Community
-based & indigenous means
 Sensitize the Personnel
 Legal Provisions Related to Compensation
in India

Compensation Under Compensation Under

General Laws Special Laws
Code of Criminal
Constitution Procedure, 1973

1. Probation of Offenders Act, 1958

2. Motor Vehicle Act, 1988
3. The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989
4. Protection of Human Rights Act, 1993
5. Employees Compensation Act, 1923
6. Protection of Women Against Domestic Violence Act,
2005
7. Railways Act, 1989
 Constitution - CASES
Rudal Shah v State of Bihar, AIR 1983 SC 1086

Sebastian M. Hongray v Union of India, AIR 1984 SC 1026

CERC v Union of India, AIR 1995 SC 941

Bodhisattwa Gautama v Subhra Chakraborty, AIR 1996 SC 922

Chairman, Railway Board v Chandrima Das, AIR 2000 SC 988

Bhim Singh v State of Jammu & Kashmir, AIR 1986 SC 494

D.K. Basu v State of West Bengal, AIR 1997 SC 610

Nilabati Behra v State of Orissa, AIR 1993 SC 1203

Paschim Banga Khet Mazdoor Samity v State of West Bengal, AIR
1996 SC 2426
Bachahan Devi and Anr. v Nagar Nigam, Relevancy of ‘May’
Gorakhpur and Anr., AIR 2008 SC 1282
Mangi Lal v State of MP., 2004 Cr L J 880 SC Analysis of Sec. 357 of Cr. P. C

Hari Singh & State of Haryana v Sukhbir Compensation to be paid to the

Singh, AIR 1988 SC 2127 victim only
Sarup Singh v State of Haryana, AIR 1995 Nature of injury to victim is a
SC 2452 relevant factor
Person entitled to get compensation
State of Karnataka v Bhadrayya, 2004 Cri. State Liability to pay
L J NOC 111 (Kant - DB) compensation
Dilip S. Dahanukar v Kotak Mahindra Co. Capacity of offender to pay
Ltd. and Anr, (2007) 6 SCC 528 compensation
State of Punjab v Prem Sagar & Ors, Reasons- Application of mind
(2008) 7 SCC 550
R. Vijayan v Baby, AIR 2012 SC 528 Limit of compensation
Vijagan v Sadanandan, 2009 (6) SCC 652 In cases where accused is not
convicted
 Name, Section & Minimum amount of relief
Offense
1 Drink or eat inedible or Rs. 25,000 or more depending upon the nature
obnoxious substance [Sec.3 (1) & gravity of the offense to each victim & also
(i)] commensurate with the indignity, insult &
2 Causing injury insult or defamation suffered by the victim.
annoyance [Sec.3(1)(ii)] Payment to be made as follows: 25% when the
charge sheet is sent to the court, 75% when accused
3 Derogatory Act [Sec.3(1)(iii)] are convicted by the lower court.
4 Wrongful occupation or At least Rs. 25,000 or more depending upon the
cultivation of land etc. nature & gravity of the offense. The
[Sec.3(1)(iv)] land/premises/water supply shall be restored where
5 Relating to land, premises & necessary at Government cost.
water [Sec.3(1)(v)] Full payment to be made when charge sheet is
sent to the Court.
6 Beggar or forced of bonded At least Rs. 25,000 to each victim.
labour [Sec.3(1)(vi)] Payment: 25% at FIR stage & 75% on conviction
in the lower court.
7 Relating to right to franchise Up to Rs. 20,000 to each victim depending upon
[Sec.3(1)(vii)] the nature & gravity of offence.
8 False, malicious or Rs. 25,000 or reimbursement of
vexatious legal proceedings actual legal expenses & damages
[Sec.3(1)(viii)]
whichever is less after conclusion of
9 False & Frivolous the trail of the accused.
information
[Sec.3(1)(ix)]

10 Insult, intimidation & Up to Rs. 25,000 to each victim

humiliation [Sec.3(1)(x)] depending upon the nature of the
offense.
Payment: 25% when charge sheet
is sent to the court & the rest on
conviction.
11 Outraging the modesty of a Rs. 50,000 to each victim of the
woman [Sec.3(1)(xi)] offense,
12 Sexual exploitation of a Payment: 50% of the amount may
Woman [Sec.3(1)(xii)] be paid after medical examination &
remaining 50% at the conclusion of
the trail.
13 Fouling of water [Sec.3(1) Up to Rs. 1,00,000 or full cost of
(xiii)] restoration of normal facility, including
cleaning when the water is fouled.
Payment: Made at the stage as deemed fit
by District Administration.

14 Denial of customary rights Up to Rs. 1,00,000 or full cost of

of passage restoration of right of passage and full
[Sec.3(1)(xiv)] compensation of the loss suffered, if any.
Payment: 50% when charge sheet is sent
to the court & 50% on conviction in lower
court.

15 Deserting one from their Restoration of the site/right to stay &

place of residence compensation of Rs. 25,000 to each victim
[Sec.3(1)(xiv)] and reconstruction of the house at Govt. cost,
if destroyed. To be paid in full when charge
sheet is sent to lower court.
16 Giving false At least Rs. 1,00,000 or full
evidence [Sec.3(2)(i) compensation of the loss or harm
& (ii)] sustained.
Payment: 50% to be paid when
charge sheet is sent to Court & 50%
on conviction by the lower court.
17 Committing offenses At least Rs. 50,000 depending upon
under the IPC the nature & gravity of the offense to
punishable with each victim and or his dependents.
imprisonment for a Amount would vary if specifically
term of 10 years or provided for otherwise in the schedule.
more [Sec.3(2)]
18 Victimization at the Full compensation on account of
hands public servant damages or loss or harm sustained.
[Sec.3(2)] Payment: 50% to be paid when
charge sheet is sent in the Court &
50% on conviction by lower court.
19 Disability At least Rs. 1,00,000 to each victim of
(a) 100% incapacitation. offense. 50% on FIR and 25% at charge
(i) Non earning member of sheet & 25% on conviction by the lower
a family court.
(ii) Earning member of a - At least Rs. 2,00,000 to each victim of
family offense.
Payment: 50% to be paid on FIR/ medical
(b) Where incapacitation is
less than 100%. examination stage, 25% when charge sheet
sent to court & 25% at conviction in lower
court.
Rates are laid down in (i) & (ii) above
shall be reduced in the same proportion, the
stages of payment also being the same.
However, not less than Rs. 15,000 to a non
earning member & not less than Rs. 30,000
to an earning member of the family.
20 Murder / Death At least Rs. 2,00,000 to each case.
(i) Non earning member of Payment: 75% after post mortem & 25%
a family on conviction by the lower court.
(ii) Earning member of a
family
21 Victim of murder, In addition to relief amount paid under
death, massacre, rape, above items, relief may be arranged within
three months of date of atrocity as follows:-
mass rape & gang (i) Pension to each widow & / or other
rape, permanent dependents of deceased SC/ST at Rs.
incapacitation & 1,000 per month, or employment to one
dacoity. member of the family of the deceased or
provision of agricultural land, a house,
if necessary by outright purchase.
(ii) Full cost of the education &
maintenance of the children of the
victims. Children may be admitted to
the Ashram Schools/ residential schools.
(iii)Provision of utensils, rice, wheat, dals,
pulses etc. for a period of three months.

22 Complete destruction/ Brick/stone masonry house to be

burnt houses constructed or provided at
Government cost where it has been
burnt or destroyed.
WE, THE PEOPLE OF INDIA, having solemnly resolved
to constitute India into a _1[SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC] and to secure to
all its citizens:
• JUSTICE, social, economic and political;
• LIBERTY of thought, expression, belief, faith and
worship;
• EQUALITY of status and of opportunity;
• and to promote among them all
• FRATERNITY assuring the dignity of the individual
and the_2[unity and integrity of the Nation];
• IN OUR CONSTITUENT ASSEMBLY this twenty-sixth
day of November, 1949, do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.