Victim Compensation

Scheme
Introduction
◦ “Crime victim” is a person who has been physically, financially or
emotionally injured and/or had their property taken or damaged by
someone committing a crime.
◦ The UN Declaration on Basic Principles of Justice for Victims of
Crime and Abuse of Power was unanimously adopted by the
General Assembly in 1985 (Groenhuijsen, 2014).
◦ The UN Declaration defines the victims in Article 1 as
◦ (1) ‘Victims’ means natural persons who, individually or collectively, have
suffered harm, including physical or mental injury, emotional suffering or
economic loss or violations of fundamental rights in relation to victimizations
◦ In Section 2 (wa) of the Code of Criminal Procedure, 1973, “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.”
Legislative Measures
◦ Victims’ Compensation in the Criminal Procedure Code, 1973 u/s 357-59
◦ Section 357(1) concerns itself with the grant of compensation out of the fine
imposed on the offender at the time of sentencing the convict.
◦ Sub-clause 1(a) of Section 357 empowers a criminal court to indemnify the
prosecuting agency against expenses incurred in the prosecution by way of
fine imposed on the convict.
◦ Sub-Clause 1(b) of Section 357 entitles the court to award compensation for
any loss or injury caused by the offence to the victim but this is subject to the
condition that compensation must be recoverable by the victim in a civil court.
◦ This condition i.e. the word “recoverable” may be construed in two ways:
◦ 1) That the victim is entitled to sue the offender for damages in a civil court
and that the offender is liable to pay,
◦ 2) That the offender had the capacity to pay the compensation.
◦ Section-358 of the Criminal Procedure Code, 1973 provides for payment of
compensation up to Rs. 100/- to persons groundlessly arrested.
◦ While sub-clause of Section 359 of the criminal procedure code, 1973
empowers a court to award costs in non-cognizable cases to the
complainant who is generally a victim of the crime, from the offender,
providing further that if the offender did not pay costs as ordered, he shall
suffer simple imprisonment up to 30 days.
◦ As per recent amendment in CrPC the victims can engage an advocate of his
choice with the permission of the court to assess the prosecution (Section-24).
◦ This lawyer will also be authorised to present separate arguments, examine
witnesses and produced evidence if permitted by the court. This aside, the
victim may file an appeal against an acquittal of the accused, conviction for a
lesser offence or the award of an inadequate sentence (Section-372).
Victim Compensation Scheme

◦ 1. “Section 357A. (1) Every State Government in co-ordination with the

Central Government shall prepare a scheme for providing funds for the
purpose over compensation to the victim or his dependents who have
suffered loss or injury as a result of the crime and who require rehabilitation.
◦ 2. 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, shall decide the quantum of compensation to be awarded under
the scheme referred to in sub-section (1).
◦ 3. If the trial Court, at the conclusion of the trial, 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 recommendation for
compensation
◦ 4. 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 award
of compensation.
◦ 5. On receipt of such recommendations or on the application under sub-section
(4) the State or the District Legal Services Authority shall, after due enquiry
award adequate compensation by completing the enquiry within two
months.
◦ 6. The State or the District Legal Services Authority, as the case may be, to
alleviate the suffering of the victim, may order for immediate first-aid
facility or medical benefits to be made available free of cost on the certificate
of the police officer not below the rank of the officer in charge of the police
station or a Magistrate of the area concerned, or any other interim relief as the
appropriate authority deems fit.”