LLM Notes: What factors the court must consider while granting compensation to victim of crime?

 Courts in India must consider various factors when granting compensation to victims of crime to ensure justice and rehabilitation. These factors are derived from statutory provisions, judicial guidelines, and victim compensation schemes. Below is an explanation of these factors along with landmark judgments.

1. :

   • The seriousness of the crime and its impact on the victim are key considerations. Heinous crimes such as rape, acid attacks, or custodial deaths often warrant higher compensation.

2. :

   • Physical and mental harm suffered by the victim, including trauma or permanent disability, is evaluated. For example, acid attack survivors often require substantial compensation for medical treatment and rehabilitation.

3. :

   • Costs incurred for medical treatment, psychological counseling, and rehabilitation are factored in.

4. :

   • If the victim loses employment or educational opportunities due to the crime, courts consider compensating for these losses.

5. :

   • The nature of the relationship may influence compensation, especially in cases involving domestic violence or abuse within familial settings.

6. :

   • Courts assess whether the victim requires financial assistance for rehabilitation based on their economic status.

7. :

   • In cases of death, factors such as the age of the deceased, their income, number of dependents, and future prospects are considered.

8. :

   • Whether the crime was a one-time incident or part of repeated offenses affects the quantum of compensation.

9. :

   • Courts also evaluate whether the offender has sufficient financial resources to pay compensation without undue hardship.

10. :

    • Additional considerations include pregnancy resulting from sexual assault, contraction of diseases like HIV/STDs due to the crime, or disabilities caused by the offense.

1. :
   The Supreme Court held that courts must apply their minds to awarding compensation under Section 357 CrPC in every criminal case and provide reasons for granting or refusing compensation.

2. :
   In this landmark case involving an acid attack survivor, the Supreme Court directed a minimum compensation of ₹3 lakhs and issued guidelines for medical treatment and rehabilitation under Section 357C CrPC.

3. :
   The Court awarded compensation for custodial death under Article 21 of the Constitution, emphasizing state liability in protecting fundamental rights.

4. :
   The Delhi High Court introduced the concept of a Victim Impact Report to determine compensation based on harm suffered by the victim and the paying capacity of the accused.

5. :
   The Supreme Court reiterated that victim compensation is integral to criminal justice administration and not merely a discretionary relief.

6. :
   This case highlighted mass victim compensation for industrial disasters like the Bhopal gas tragedy.

7. :
   Compensation was awarded to a Bangladeshi national who was raped by railway employees, emphasizing state accountability even for crimes committed by its employees.

8. :
   The Supreme Court directed NALSA to frame a scheme for compensating victims of sexual offences under POCSO Act cases.

Granting compensation requires courts to balance various factors such as harm suffered by victims, their financial needs, and offender capacity while ensuring justice and rehabilitation. Landmark judgments have reinforced these principles, shifting India's criminal justice system towards a more victim-centric approach focused on restitution and reparation rather than mere retribution.

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