Menu
header photo

LegalSeva

Service in the interest of Justice

Victim Compensation Scheme for Criminal Cases

The provisions of Section 357A of the Code of Criminal Procedure govern the compensation for the rehabilitation of victims. This section states that the State Government in co-operation with the Central Government will have to provide compensation to the victim of crime.

This Victim Compensation Scheme has been formulated in 24 states and 7 UTs till now.The initial amount of Central Victim Compensation Fund (CVCF) has the initial amount of Rs 200 Crores for the support to victims of acid attacks, human trafficking, rape, and women killed or injured in the cross border firing.

There is also the provision for the civilian victims of cross border firing. The compensation extends to Rs 5 lakhs. This amount is given to the near relation of the victim. This compensatory amount is based on the condition that the family member of the victim is not provided with the employment by the government.

Also Read- PROTEST PETITION TO CHALLENGE POLICE REPORT

Objectives of the Scheme:

  • It supports the existing Victim Compensation Schemes which were notified by the States/UT Administrations.
  • It helps to reduce the differences in the compensation amount for the victims of similar crimes.
  • At the same time, it encourages the states to efficiently implement the Victim Compensation Schemes (VCS).

Victim Compensation Scheme 357A

Also Read- GROUNDS FOR QUASHING OF FIR

Eligibility for the Compensation:

Following criteria needs to be followed to be eligible to claim the compensation under this scheme:

  • There should not be any previous receipt of compensation by the victim for loss or injury from the Government authorities or any other scheme of the Central/ State Government.To claim that compensation, an applicant or the dependents will have to file a declaration along with the application form.
  • There should be a substantial loss to the income or injury to the victim or his dependents of the family. This loss might have been making it difficult to overcome the expenditure of medical treatment of the victim.
  • When the offender of crime cannot be identified and the victim is identifiable, then the victim or his dependents can apply for the compensation under section 357 A.

 

Also Read- REINVESTIGATION BY POLICE

Section 357-A of CrPCdefines the provisions of Victim Compensation Scheme:

  1. Every State Government in coordination with the Central Government shall prepare a scheme for providing 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.
  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 a 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 an 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 inquiry award adequate compensation by completing the inquiry 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 incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

Also Read- FIR IN CHANDIGARH PANCHKULA MOHALI ZIRAKPUR

 

The minimum amount of compensation for the victim acid attack and rape is Rs. 3 lakhs, physical abuse of a minor, permanent disability, death, burns affecting greater than 25% of the body, or women victims of cross border firing is Rs. 2 lakhs, rehabilitation of victim of human trafficking, partial disability is Rs. 1 lakh.

This post is written by Damini Aggarwal of Punjab University (2020 batch). For more info on subject, please dial 99888-17966.

Go Back