LLM Notes: Victim Compensation in India: Statutory Provisions and Landmark Judgments

Victim compensation is a critical aspect of the criminal justice system, aimed at providing financial relief and rehabilitation to individuals who suffer harm due to criminal acts. Over the years, the Indian legal framework has evolved to recognize the rights of victims and ensure their access to justice through statutory provisions and judicial pronouncements. This article explores the concept of victim compensation in India, its statutory basis, and landmark judgments that have shaped its application.

The Code of Criminal Procedure (CrPC), 1973, provides the primary legal framework for victim compensation in India. Key provisions include:

1.

• Courts may order compensation to victims from fines imposed on offenders.

• Compensation can be directed for:

  • Litigation expenses (Section 357(1)(a)),

  • Medical expenses or damages caused by the offence (Section 357(1)(b)).

• This provision applies only when the offender is convicted.

2.

• Introduced in 2008, this mandates State Governments to establish a Victim Compensation Scheme.

• Compensation is awarded by the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) based on court recommendations or direct applications by victims.

• It covers cases where:

  • The accused is acquitted or discharged,

  • The offender is untraceable.

3.

• Ensures that compensation under Section 357A is in addition to fines imposed on offenders for specific offences such as acid attacks and sexual violence.

4.

• Mandates free medical treatment for victims of crimes such as rape or acid attacks at both private and public hospitals.

5.

• : Compensation for wrongful arrest.

• : Compensation for litigation costs paid by the accused.

• : Recognizes the right to life and dignity, forming the constitutional basis for victim compensation.

To address disparities in state-level schemes, the Central Government established the Central Victim Compensation Fund (CVCF) with an initial corpus of ₹200 crores. This fund supplements state schemes and ensures uniformity in compensation amounts across India.

Indian courts have played a pivotal role in interpreting victim compensation laws and ensuring their effective implementation. Some significant judgments include:

1.

The Supreme Court awarded compensation for custodial death under Article 21, emphasizing state liability for protecting fundamental rights.

2.

The Court held that it is mandatory for criminal courts to consider awarding compensation under Section 357 CrPC in every case and record reasons for granting or refusing it.

3.

In this landmark case involving an acid attack survivor, the Supreme Court directed a minimum compensation of ₹3 lakhs under Section 357A CrPC and emphasized free medical treatment under Section 357C.

4.

The Court directed NALSA to create a model victim compensation scheme specifically for victims of sexual offences, ensuring uniformity across states.

5.

The Delhi High Court introduced the concept of a Victim Impact Report to determine compensation based on harm suffered by victims and the paying capacity of offenders.

6.

The Supreme Court stressed that victim compensation is not just a discretionary relief but an integral part of justice delivery.

Despite progressive laws and judicial interventions, several challenges persist:

1. : Bureaucratic hurdles often delay payment of compensation.

2. : Many victims remain unaware of their rights under these provisions.

3. : State governments sometimes fail to allocate sufficient resources for victim compensation schemes.

Victim compensation in India has evolved into a robust legal framework aimed at ensuring justice and rehabilitation for crime victims. While statutory provisions under the CrPC provide a comprehensive mechanism, judicial pronouncements have reinforced their application and expanded their scope. However, effective implementation remains key to achieving equitable relief for victims across the country. Strengthening awareness, streamlining processes, and ensuring adequate funding are essential steps toward realizing the full potential of victim-centric justice in India.

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