Rights of Victim in Criminal

Justice administration
Sec. 2(wa) – “victim” (vide 2009 amendment)
[(wa) “victim” means
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;]
Order to pay compensation Section 357
• Section 357 provides for the award of expenses or compensation to prosecution
or other person out of the fine levied on the accused or to the victim by the
accused.
• If the fine is imposed in a case which is subject to appeal, no such payment shall
be made before the period allowed for presenting the appeal has elapsed, or if
an appeal be presented, before the decision of the appeal.
• Order under this section can also be made by an Appellate court or by the High
Court or Court of Session when exercising the powers of revision.
• In Manish Jalan v. State of Karmataka, (2008) CrLJ 3941 (SC) Supreme Court
observed that the quantum of compensation is to be determined by taking into
account the nature of crime, injury suffered and the capacity of convict to pay
the compensation. Nevertheless, the amount of compensation should be
reasonable.
Victim compensation scheme

Sec.357A,357B,357C CRPC
• Section 357-A was inserted by the Cr.P.C. (Amendment) Act, 2008 (w.e.f. 31-12:2009).
• It provides that every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for compensating victims or their dependents who
have suffered loss or injury and require rehabilitation.
• If the trial court is satisfied that compensation awarded under Section 357 is not adequate
for such rehabilitation or where the case ends in acquittal or discharge and the victim has
to be rehabilitated, the court may make recommendation for compensation.
• When a recommendation is made by the court, the District Legal Service Authority or State
Legal Service Authority shall decide the quantum of compensation to be awarded, under
the scheme.
• Where the offender is not traced or identified or no trial takes place, the victim or his
dependents may apply to the State or District Legal Services Authority for award of
compensation.
• After due inquiry such authorities shall award adequate compensation by completing the
inquiry within 2 months.
• Such compensation can be awarded even in the case of acquittal or discharge of the
accused.
• Section 357B provides that the compensation payable by the State Government
under Section 357A shall be in addition to the payment of fine to the victim under
Section 326A, 376AB, 376D, 376DA and 376DB of Indian Penal Code.
• Section 357C provides that all hospitals, public or private, whether run by
Central government, 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 Section 326A, 376, 376A, 376AB, 376B, 376C, 376D,
376DA, 376DB or Section 376E of Indian Penal Code and shall immediately inform
the police of such incident.
• Section 357B and Section 357C were inserted by Act 13 of 2013
Witness Protection
Sec. 195A. Procedure for witnesses in case of threatening, etc.
[inserted vide 2009 amendment act)
• A witness or any other person may file a complaint in relation to an
offence under section 195A of the Indian Penal Code (45 of 1860).]
• Refer to witness protection scheme 2018 available at
https://www.mha.gov.in/sites/default/files/2022-08/Documents_Pol
NGuide_finalWPS_08072019%5B1%5D.pdf
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