SEMINAR ON VICTIMOLOGY

VIII SEMESTER B.Com. LLB. (Specialization in Taxation Law)

VICTIM COMPENSATION SCHEME IN INDIA

VISHAL BAGARIA, R129216103, 500055115

Submitted under the guidance of: MR. AFKAR AHMED

School of Law

University of Petroleum & Energy Studies

(FEB-MAY 2020)

1. INTRODUCTION 6
2.Victim Compensation 6
3. Victim Compensation: Definition, Nature & Scope 7
4. COMPENSATION PURPOSE 9
5. Victim Compensation: International Position 10
6. Victim Compensation: Indian Position 13
7. Suggestions & Recommendations 17
8. Conclusion 20
9. Bibliography 21

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LIST OF CASES
1. Rudal Shah v. State of Bihar
2. Sarwan Singh v. State of Punjab
3. D.K. Basu v. State of West Bengal
4. SAHELI V. Commissioner of Police, Delhi

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 TOPIC :VICTIM COMPENSATION

1. INTRODUCTION
A huge number of victims are affected by crime. People suffer harm whether it be physical or social
or it be monetary they should be given access to justice Large number of victims find support and
assistance from their families, society and community but large number remain forgotten in the
criminal justice system. In the recent decades, it has been noticed that impact of crime on victims
has withdrawn their attention of criminal laws jurisdiction and the conclusion that has come out that
victims should be treated with empathy and their basic rights must be protected. In today’s time
understanding the perspective of victims is emerging as a new branch of criminology also known as
victimology.

2.Victim Compensation

The compensation to the victim of crime is big matter of concern, all over the world the condition of
the victims of crime is not better. For quite a long time the victims were not the major Concern for
criminology. The function of compensation is simple. Compensation serves to right of the victim
what would else count as unlawful injuries to persons or their property.1

The advancement of victim compensation played a major issue in the victim support movement. Part
of the dilemma in opinion might be traced to the fact that alot has been written through these years
about arrangement and function of victim compensation. Victim compensation is a form of victim
support in meeting physical emotional sand society related need of the victim. An has played a
crucial role in victim recovery. Not much attention is given on the role of victim compensation in
future victim support efforts.2

3. Victim Compensation: Definition, Nature & Scope

1
Robert E. Goodin, Theories of Compensation, Oxford Journal of Legal Studies, Vol. 9, 1989, p. 56.
2
Marlene A. Young, The Role of Victim Compensation in Rebuilding Victims’ Lives, p. 1.

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In today’s era the victimology is not only limited about studying penal relation. But compensation to
victim is also gaining importance.any person who has suffered damage he or his dependants are
entitled to get compensation. In the medieval era criminal or his kin used to give compensation for
any wrongful act. If the accused is not capable of paying the compensation it is the duty of the state
to pay compensation on behalf of the defendant.

“Ubi jus ibi remedium is a principle in the of torts which says that states that there is no wrong
without a remedy and the rule of law requires that wrongs should not remain unredressed. The
compensation constitutes an essential remedial measure in tort law and the principles relating to the
determination of damages and compensation in tort are well recognized. There are several
dimensions to the matter of payment of damages and compensation in the law relating to torts
includes the measure of damages, quantum of damages, assessment of damages, intention of the
offender, proximity of the cause etc.3Under the Tort law, in order to allege compensation the tort
must be of such a nature as will allow the plaintiff to recover damages. Where, therefore, the case is
of a nature which.”4

a) “do not give rise to a right of the victim to recover loss, or where there has been existence of the
duties of the defendant, as where the defendant has committed no wrong, whether a breach of
contract or a tort, or”

b) “do not occur any loss or damage, or no cause of action accrue to the plaintiff, as when he himself
is at fault or the damages are too remote, or he has failed to mitigate his damages. Compensation
cannot be granted.”

Situations in which victim cannot take compensation

a) Damage due to contributory negligence.

b) Defendant is not the cause
c) The work which is not protected by contract or
d) the loss which could be avoided
e) uncertain act
f) act that is, is too remote.

The term “Compensation” in the current scenario means compensation for the loss suffered.
Anything that is given to make things equal is called compensation, a thing that is given to make
reparation for the loss, repay, recompense or pay. It can be seen as a liability of the society which is
3
Mundrathi, S., Law on Compensation- To Victims of Crime and Abuse of Power 182, Deep and Deep
Publications, New Delhi, (2007) p.9.
4
Mundrathi, S., Law on Compensation- To Victims of Crime and Abuse of Power 182, Deep and Deep
Publications, New Delhi, (2007) p.9.

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of civil. Compensation, is different from damages is used for any unlawful act, which cause the
damage or loss to any person. The meaning of compensation is that money that is given to
compensate for any damage or loss. The main purpose of the compensation is to make the loss
bearable to the victim either the peron has suffered financial loss or not. The crux of providing
compensation is to provide some sort of help to the victim who has suffered the damage either it be
physical, psychological or emotional and supports the victim to recover from the trauma as sson as
possible and works as a helping hand.

Need for victim compensation:

As said by the Hon’ble Supreme Court in Maru Ram v. Union of India, which focused on
importance of victim compensation:

“ ... A victim of crime cannot be a ‘forgotten man’ in the criminal justice system. It is he who has
suffered the most. His family is ruined particularly in the case of death and other bodily injury. This
is apart from factors like loss of reputation, humiliation, etc. An honor which is lost or life which is
snuffed out cannot be recompensed but then monetary compensation will at least provide some
solace.”

It can be stated that the objective of giving compensation to a victim is to improve the conditions of
the victim to ease the loss to be bearded by the victim to restore his dignity and to rehumanize
victim. It also gives a support to victim to report crime and seek justice.

4. COMPENSATION PURPOSE
When a victim gets compensation for any crime, he has suffered it becomes very important to the
person because it symbolizes justice towards the victim and it can be seen as a financial help for the
victim.

 In the society when compensation is awarded its shows that there is something wrong that is
done by the victim.
 The compensation would work as a step towards helping the victim to overcome the trauma
and the damages that is suffered by the victim at individual level.
 The compensation helps victims in transforming their lives.
.
FUNDS TO PROVIDE COMPENSATION TO THE VICTIMS

Compensation can be provided by both offender as well as the state as the case may be. In some state
there are programs which are state administered in cases of violent crimes. In some cases it is not
necessary that the offender is caught or known in those cases it is helpful if there is a state funded
program to give compensation to the victims. basically state programs are biased un formal than any

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other civil proceeding. There may be different sources from which the victim compensation funding
can be done these sources are confiscated property, fines , tax revenues and other funding of the state
or any private institution.

Claim for victim compensation can be made on different bases but it is not only limited to:

 Pain and suffering due to physical or mental violence

 Medical cost
 Unpaid or low paid wages
 ―Fines‖ imposed by criminals for bad behaviour

5. Victim Compensation: International Position

There are multiple methods adopted by the countries in order to keep check and monitor the victim
compensation programs the countries have adopted different legislations. There are different setups
to focus upon victim compensation and states build their own fund to pay the compensation to the
victims.

5.1 Victim Compensation Programs in United States

As in the scenario of united states of America the scheme for compensation to victims is concerned
California was the first state at that time who initiated the laws to compensate the victims of crimes
that were violent in 1965 an in todays scenario 45 states from total 50 states follow this victim
compensation program. the remedy given in violent crimes was awarded through public assistance
and compensation. In most of the cases victims are insisted to support police in investigation to
become eligible of compensation. the one of the conditions are that after the commission of the
crime it must be reported within a fixed period of time to get compensation. And the persons who
have sufferd from the violent crime have sufferd any kind of loss be it physical, psychological or
emotion is entitled for compensation.5

The compensation program is administered through:

a. An administrative agency especially made for this purpose.

b. An pre-existing machinery like the one dealing with workmen’s compensation.

c. Courts.

5
Siddiqui Ahmad, Qadri S.M.A., Criminology and Penology (2009) p. 602.

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This program is extended in all the states and covers the victims of the cases of drink and drive and
also on those people who live with the offender of domestic violence. The number of persons
receiving compensation is increasing day by day and as we can guess with the circumstances that
half of the eligible victims would receive state compensation.

5.3 Victim Compensation Measures at International Level

At international platform the most important duty of the justice system towards victims of crimes
were not give importance till the victimologists and victims of crime advocated together to initiate
the world society of victimology 1979, and raised the issue of victims and the impact of damage
suffered and the root cause of the problem and the system of criminal justice. When seeimg such a
big issue not been advocated and the victims rights always been suppressed the general assembly of
united nations in 1985, adopted the declaration of basic principle of justice for victims of crime and
misuse of power and it became a magna carta for the victims in the declaration focused on four
different aspects accessibility to justice, restitution to victims, compensation to victims and abuse of
power.

“Offenders or third parties accountable for their behaviour, should, where suitable, make
restoration to the victim, their families or dependents. Such restoration should include the return of
property or payment for the harm or loss suffered, repayment of expenses incurred as a result of the
victimization, the provision of services and the restoration of right”.

It was acknowledged in the declaration of 1985 that the rights of the victims to get compensation is
one of the essential right:6

1) Access to justice and fair treatment to victims:

Under this right the victims gets encouraged to claim for the loss or damage suffered by the accused
which empowers him to get the compensation get proper assistance through the legal processes and
protection of rights and the safety of the victims. This right includes the method of justice and to
encourage redress, right to be informed of victims’ rights, right to proper assistance all through the
legal process and right to protection of privacy and safety.

2) Restitution to victims:
The victim should receive compensation from the state in the cases where damage suffered is by
public official or any other agent that have violated criminal laws the amount of compensation for
the damage depends upon the quantity of loss suffered.

6
Bajpai, G.S., Criminal Justice System Reconsidered (Victim and Witness Perspectives) (2012) p.75.

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 3) Compensation to victims:
In cases where accused is unable to pay the amount of compensation, the state should provide the
amount of compensation at least in crimes where the victim has suffered loss either physical or
psychological. National fund should be made for this purpose

4) Assistance:
In order to help the police the victim should collect evidences like medical report, necessary
material, with the help of mental and community based facilities. Organization like police, judiciary
medical and social health service should get training in this area7.

6. Victim Compensation: Indian Position

Under different provision of the Code of Criminal Procedure, The Probation of Offenders Act, 1958
and Motor Vehicle Act, 1988 contains different provision relating to compensation to the victim of
crime.

6.1 Compensatory Provisions under Cr.P.C.

In the CR.P.C 1973 has authorized the courts in which criminal matters are tried in India for
ordering the compensation to the person who has suffered loss or damage. Section 357 deals with
compensatory provisions. Section 545 of the old CR.P.C dealt with the same subject-matter but it
had limited scope.

Under Section 357(1) it is given :8

“Whenever under any law in force for the time being a criminal court puts fine… or a sentence
(including a sentence to death) of which fine forms a part, the court may, when imposing judgment,
order the whole or any part of the fine recovered to be applied:

a) In covering expenses properly incurred in the prosecution;

7
Bajpai, G.S., Criminal Justice System Reconsidered (Victim and Witness Perspectives) (2012) p.75.
8
Mishra, S.N., the Code of Criminal Procedure, 1973 (2008) p.484.

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b) In the payment to any person of reimbursement for any loss or injury caused by the offence when
compensation is, in the view of the court, restorable by such person in a civil court;
c) When any person is prosecuted of any offence for having caused the death of another person.
Another person of having forced to commit such an offence in paying reparation to persons who are,
under the Fatal Accidents Act, 1855, entitled to recover damages from the person sentenced for the
loss consequential to them from such death.”9

Sub-section (3) of Section 357 was added, as recommended by the Law Commission in its 41st
Report, in the new CR.P.C of 1973 and it says that:“In a case when a order is passed regarding fine
the court when passing the judgment giving order to the accused person to pay the compensation to
the person who has suffered any damage by the act of the accused person.”
The court has very limited discretion under Section 357 (1); it can give reparation only out of the
fine if imposed on the wrongdoer, amount of compensation is limited to the fine levied, to get order
of compensation under this section it to be taken in notice that compensation claimed is taken in civil
suit. The court has however, much more discretion under sub-section (3) of Section 357; though only
if fine does not form a part of the sentence. Hypothetically, the power of the court is unlimited,
though practical considerations would exist. A magistrate can order for higher reparation than the
amount of fine he can impose.10

Under section 358 gives power to a magistrate to force or give an order to a person to pay or give
compensation not more than Rs1000 to person for making police officers to arrest that person in
wrong case. Likewise, under section 359 of CR.P.C gives an order to pay compensation in non-
cognizable cases.11

It can be seen clearly that only small action is possible under section 357 of the CR.P.C in case of
compensation to a victim of a crime. And it has been proved through various restrictions and
limitations. Some restrictions given in the section are the capacity of the wrongdoer of paying the
compensation amount its ability to pay acts as a obstacle for the victim from getting the
compensation. There is a general problem with respect to the criminal courts in regards to the
implementation of the criminal law process for compensation purposes, combined with the lack of
interest and even obliviousness with respect to advocates and clients and numerous open doors are
lost in light of their default. The courts are unable to force fine along with imprisonment in genuine
offenses and the extent of fine regardless is constrained as far as quantity in minor offenses. Most
extreme fines have been set down for different offenses which were fixed along time back and the
value of money has degraded alot and they can be easily given by everyone of what they may have
been when these fines were presented in the Penal Code. Conviction is necessary for the payment of

9
Under Sec. 1A (b) of the Act, husband, wife, parents and children are entitled to compensation.
10
Prof. MehrajUddinMir, Compensatory Jurisprudence and Crime Victim: A Comparative Analysis, Vitasta
law Journal, Vol. 4 No. 4, 2014, p.9.
11
Ibid.

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compensation. As is notable, conviction may not be conceivable by and large regardless of the
benefits of the case.12
“The applicability of this Section is limited in application to four defined instances. Such
compensation may be afforded to the complainant for meeting the expenses incurred during
prosecution. It can also be recovered in the aforementioned competent courts by any person who has
suffered loss or injury by the offence. The courts so empowered, can award such compensation to a
person entitled to recover damages under the Fatal Accidents Act, when there is a conviction for
causing death or abatement thereof. The scope of Section 357 extends to instances of injury to
property since courts can order compensation to a bona fide purchaser of property, which has
become the subject of theft, criminal misappropriation, criminal breach of trust, cheating, or
receiving or retaining or disposing of stolen property, and which is ordered to be restored to its
rightful owner. Subsection (3) of Section 357 further enables the court to order the payment of
compensation even in cases where the punishment prescribed does not include payment of fine.”

The state government on the direction of supreme court made certain modification to sec 357 A of
crpc in the year 2008 for the benefit of V.C.S. The amendment provided for various compensatory
measures and the main objective of the modification of 2008 was to broaden the definition of victim
as defined under sec. 2(wa) of crpc. In context to the amendment made in 2008 all the indian states
came up for the benefit and providing remedy to the victim with the help of victim compensation
scheme. In lieu of the following amendments and the initiative taken by the various states, the Delhi
govt. also issued an order giving 200 crores to victims of various types of offences like rape, acid
attack. These scheme of victim compensation was effectively addressed and implemented which was
seen in various case laws that came up. In one of the cases Delhi Domestic Working Women’s
Forum v. Union of India and others27, Ankush Shivaji Gaikwad v. State of Maharashtra28, and
other cases. Where the court implementing the order of govts gave the compensatory relief to the
victim. Owing to the situation the 2008 amendment also ratifies sec 372 of crpc and added certain
rights to be given to the victims of such kind of offences. Some of the rights include 13 “1. Acquittal
of criminated, 2. Condemnation for a trivial offence or little legal in nature, and; 3. Not satisfied
with the amount of compensation given before.”

Implementation of victim compensation scheme in relation to crpc

The victim compensation scheme which has been started by various states under the direction of the
supreme court for the protection of the victims against the mental harm and dependents of the
victims against the offences under sec. 357A of crpc. Further the sec 357A providing for
compensation to the victims has been categorised into various parts which are as follows:-

 Sec 357A(1) provides for compensation to be given to either the victim or his legal heirs who
have suffered misfortunes or faced any kind of discrimination by the society should be given

12
Sidiqui Ahmad, Qadri S.M.A., Criminology and Penology (2009) p. 607.
13

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 an opportunity to recover under the formation of victim compensation scheme as
implemented by the states.

 The criteria of compensation for victims which has been laid down in sec 357A(2) is based
upon sub sec (1) itself. The District legal service authority which referred as DALSA when
ordered by any court under its judgement have the power to decide upon the amount of
compensation to be given to the victim. This power has been granted to the District legal
authority as expertise in understanding the nature and effect on the victim for granting the
proper quantum of compensation.

 After the insertion of sec 357A the District or the Trial courts are also allowed to give
necessary compensation to the victims as earlier they were not authorised. Under sub sec(30
of sec 357A it has been provided that the District legal authority on the direction of the
District court has the power to grant compensation under those circumstances where the
victim is released or require any kind of rehabilitation to recover from the event as it might
hamper in his life ahead. Also, the compensation provided by the D.AL.S.A. should be
sufficient enough that the individual can recover from the event.

 Further the rights of the victim and the legal heir or representative has been dealt under sub
sec(4) of sec 357A. these right include right of compensation for any kind of damages
suffered by the victim before the identification of culprit and before the start of the court
proceedings. This sec. talks in favour of the victim as they can ask for compensation even
before the start of any court proceeding from the District legal authority. This sub sec. is very
important for providing quick remedy to the victim.

 \

In India there is a saying that justice delayed is justice denied due to the long pendency in the
judicial system. In contrast to this saying sub sec (5) of sec 357A provides for the compensation to
be given to the accused on the proper receipt of application by the victims of crime under sub sec
(4). DALSA is under obligation to do efficient investigation in the case within a time period of 2
months and prepare a proper report on the damages caused to the victim and giving them a
reasonable compensation. The time period of 2 months is granted to the DALSA which allows them
to work efficiently and deliver justice on time. In relation to sub sec 5), (6) states that the victim
should be provided with first aid facility and medical assistance for curing any injury suffered by the
victim and it should be free of cost. The DALSA should take into account all the necessary steps to
provide any short of assistance on the principle of “alleviating the suffering” this principle aims for
granting immediate relief to the victim by directly applying to the DALSA and not waiting for the
legal proceedings to end. This is relevant for the victim as he can get his damages recovered by the
compensation granted by the DALSA without any legal expense. To substantiate the above point in
the case of Manohar Singh vs State of Rajasthan the hon’ble court stated that the state is under

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obligation to pay the amount of compensation to the victim if the criminated does not have sufficient
means to compensate the victim or its legal heirs.

Criticism of Section 357

“The biggest flaw in the jurisprudence of Section 357 is that it is triggered only upon successful
conviction. It functions on the assumption that the accused must be identified, prosecuted and
convicted. It does not accommodate cases where the person is not pronounced guilty, or in those
cases where Closure Reports or Summary Reports are filed by the Police, disclosing the commission
of the offence, but that such an offence has not been committed by the accused who is sought to be
prosecuted, or that the accused has not yet been identified. In such instances, the courts cannot rely
on Section 357 to order compensation to the victim.”

“Further, this provision places the entire onus of disbursement of compensation on the convicted
person in which case, the quantum of compensation awarded to victim depends on the financial
position of the convict, as opposed to dividing the liability between the State and the offender where
the victim will enjoy the security of compensation. The provision does not provide for
apportionment of liability towards the State, and to what extent the State would pay compensation.
Moreover, subsection (2) of Section 357 further states that no disbursement of compensation shall be
made, if the order imposing fine is subject to an appeal, until either on the expiry of period of
limitation or when the appeal is finally disposed of. This results in financial inconvenience to the
victim who may incur immediate expenditure for recovery from the offence. The provision does not
contemplate a contingency where under emergency situations; interim compensation might be
required by the victim.”

“Further, the provision does not outline the timeline for payment of compensation. Contrary to the
limitation of Section 357, Section 357A provides a fresh perspective addressing the lacuna in
allocating responsibility to the State. It obligates state governments to draw up victim compensation
schemes. It defines the role of the District Legal Services Authority [hereinafter: DLSA] to decide
the quantum to be awarded every time either a recommendation is made by the court for
compensation or an application is made under the state scheme by the victim. It also provides for
compensation and measures of rehabilitation where the order of compensation passed by the courts
is inadequate. An application for 94 compensation under Section 357A can be made even when the
offender has not been traced or identified or in the absence of a trial.”

“In terms of interim assistance, the DLSA is obligated under Section 357A to make provisions for
immediate medical assistance, and such other relief, as the appropriate authority deems fit.”

“However, the only drawback of Section 357A is that it is imperative for states to notify a scheme,
and allocate budget so that applications may be processed effectively and victims are given
compensation expeditiously.”

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 6.2 Probation of Offender Act 1958
Under section 5(1) of the probation of offender act contains provision regarding compensatory
claim. As given in the section that the court directing the release of an wrongdoer under Section 3 or
Section 4 of the Act, may if it deems fit, further direct the accused to pay such reparation to the
victim, as the court thinks reasonable for the loss or injury caused to the latter, as also the costs of
the proceedings.14

6.3 Compensation under Motor Vehicle Act 1988

In case of death or injury in case of vehicle accident or their representatives can claim compensation
from the wrongdoer under section 5 of motor vehicle act 1988. These cases can be tried under trial
court15.

6.4 Relief in the form of compensation as a changing judicial trend

Judiciary plays a very crucial role in rectifying the claims of the compensation of the victims.there
has been very important role of high courts in awarding the compensatory justice to the victim
suffered from loss or damage. While providing such compensatory relief, the courts have take care
that fair justice has been provided to the needy person and keeps in mind that the faith of people is
restored in their judicial system it is taken care that the demands of victims are not crushed and also
they are not denied from justice. Some landmark judgments that ensures compensatory justice to
victims and its shows the concern of judiciary in that field.

Increasing the area of awarding the compensation to the person suffered under Section 358 of
Cr.P.C., in Rudal Shah v. State of Bihar16, observed that a person is allowed to compensation for the
loss or injury caused by the offence, and it includes the wife, husband, parent and children of the
dead victim.
The Apex Court in Sarwan Singh v. State of Punjab 17, there are several factors that should be taken
into consideration before giving order of compensation to the crime victim is the court should keep
in mind the ability of paying the compensatory amount by the offender , the type of offence and the
amount of damage and injury suffered and should keep in mind the effect of offence on the life of
victim and its family the amount of bodily, psychological and emotional lass suffered by the victim
and its relatives and family member. Before awarding compensation, the court should keep in mind
that amount should depend on facts, logic, and the circumstance. A reasonable time period should be
provided to accused to pay the compensation and the offender should be allowed to pay the
compensation in installments.

14
Paranjape, N.V., Criminology & Penology with Victimology (15th ed.) Central Law Publications, p.680.
15
Ibid.
16
AIR 1983 SC 1086.
17
AIR 2000 SC 362.

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In a landmark case of victim’s compensatory relief, D.K. Basu v. State of West Bengal 18,the
following observation was made by the supreme court that: “The monetary compensation is most
usual simple and sometimes more effective for restitution of the violated basic rights of the victims
by public servants. The country is completely liable if the citizen do not receive the promised
amount of compensation who has the right to get the restitution from the offender.

As given in the case SAHELI19(an organization of women activist group) the Apex Court of Delhi
gave order to the Delhi Administration to pay the sum Rs. 75,000/- as exemplary compensation to
nine years old child’s mother as the boy died because of getting beaten by the police officer while
extracting evidences from him.

RECENT UPDATE

SECTION 375(A) was added in CR.P.C through amendment act 2008

Section 357 (A) states that:

(1) Central government with the help of state governments should prepare a scheme for victim
compensation to provide funds to the victims who have suffered death loss damage injury to restore
their status of life.

This provision would work as a helping hand for victim compensation. These regulations would
strengthen the provision of victim protocol given in SAARC protocol.

7. Suggestions & Recommendations

After making a comparative analysis, it can be seen in last decades the scenario of victim
compensation has changed drastically. If we compare other countries position with India, we can see
that other countries are more developed to improve India’s stand there are some suggestions given
below

1. In India there is a need of extensive legislation on victim compensation.

2. As the upcoming concepts in America such as statement of victim compensation which helps in
increasing the contribution of victim. Such concepts are required in India to increase the
involvement of victims in justice system.

3. The statement for victim impact would contain:

i) The bodily, psychological or emotional impact of the crime.
ii) It would cover the loss done to the family such as guardians and caretaker.

18
AIR 1997 SC 610.
19
SAHELI V. police commissioner, Delhi, AIR 1990 SC 513.

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iii) The need for restoration.

4. India should adopt other significant measures to provide compensation as a statutory right, and a
special provision that mandates judges to record the reason of not providing compensation.

5. Funds created by state for victim assistance can be taken as ready for anytime relief which can
further prevent victimization.

6. On the basis American system acts like victim of crime should be built to give assistance to
“victim assistance efforts” or “state victim compensation programs” it provides subsidy etc. it is a
good step that India should adopt.

7.1 Report Given by law commission.

In the 154th report of 14th law Commission on CR.P.C quoted expressing their serious concern for the
victims of crime have recommended complete scheme for victim compensation specially for the
crimes happened in custody, rapes, child-abuse etc. to be administered on the recommendation of a
trial court by the legal services authorities constituted at the district and state levels under the Legal
Services Authorities Act, 1987

The report observed:

“…In India the principles of compensation to crime victims need to be reconsidered and expanded to
cover all cases. The compensation should not be restricted only to fines, penalties and forfeitures
realized. The state should accept the principle of providing aid to victims out of its own funds…”

Recommendations given by Malimath Committee

Recommendations on victim compensation by Malimath committee are that20

“Victim compensation is a state compulsion in all serious crimes, whether the wrongdoer is detained
or not, convicted or acquitted. This is to be organized in a different legislation by parliament. The
draft bill on the subject submitted to Government in1995 by the Indian Society of Victimology
provides a tentative framework for consideration.”

It is also recommended by the committee that:21

“The victim compensation law will, provide for the formation of a Victim Compensation Fund to be
administered possibly by the Legal Services Authority. The law should provide for the scale of
20
Retrieved from(https://mha.gov.in/sites/default/files/criminal_justice_system.pdf)
21
Retrieved from(https://mha.gov.in/sites/default/files/criminal_justice_system.pdf)

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reparation for different offences for the guidance of the court. It may specify offences in which
compensation is not granted and conditions in which, it may be awarded or withdrawn.”

It is a matter of understanding that providing proper justice to victim is not only a legal problem but,
it also has sociological, mental, monetary and ethical implication these problems needs to be solved
by the experts of different other approaches. A new organization is needed to be formed on the basis
of USA’S victim impact panel which is constituted of magistrates, advocates, sociologist’s
psychologists, women activists, politician and respected members of society to recognize the rights
of the victims living in society.

CONCLUSION

Victim compensation has now become a important side of providing justice to the victims. Beside
the traditional punishment system reparation to victim has reduced the accused leaning approach in
justice system but in the case of India despite some emergent developments in this direction, there
are multiple defects and problem in this area for that coordinated effort from all the organization is
required in the justice system. After the synchronized work efforts, lucidity and liability in every part
of criminal justice system is another important need to make the successful implementation of pre-
existing provisions possible.
“Victim Compensation Schemes in India must be treated as an institution larger than Section 357 or
Section 357A. It must envision a program that harmoniously ties criminal provisions, civil remedy,
rehabilitative support, role of courts and State accountability.
The prevalent law in India must be reformed and redesigned to be in consonance with international
standards. Further, it must engage and involve victims, not only for the purpose of recommendation,
but also as a participant so as to reform the compensation scheme into an inclusive process that
empowers the victim.”
“The best way to ensure effective implementation of the schemes under Section 357A would be to
address the various issues in each provision of the CrPC with a focus on outcome. Further, in order
to achieve success nation-wide, it is imperative for all states to collate recommendations and notify a
uniform scale for deciding the grounds and the quantum of compensation. All states must also create
awareness of the Victim Compensation Scheme and the procedure for application. Where there are
multiple relief fund schemes available, States must recognise that these schemes operate to the
benefit of victims, and therefore must not actively prevent victims from availing more than one
scheme simultaneously.”
BIBLIOGRAPHY:
 Abner J. Mikva, Victimless Justice, 71 J. Crim. L. & Criminology 189 (1980).
 Andrew Karman, Crime Victims: An Introduction to Victimology (2003)
 Dr.B.M Shukla, Victim Compensation under the Indian Criminal Law, Gujarat Law
Herald, 18(1), 1998,

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 Evan J. Mandery, Amy Shlosberg, Valerie West, and Bennett Callaghan, Compensation
Statutes and Post exoneration Offending, 103 J. Crim. L. & Criminology 553 (2013).
 Frances L. Pierson, Victim Compensation through Sentencing.
 Harvemyc Gregor, Compensation Versus Punishment in Damages Awards; Modern
Law Review, 1965.
 Marlene A. Young, The Role of Victim Compensation in Rebuilding Victims’ Lives
 Mishra, S.N., the Code of Criminal Procedure, 1973 (18th ed.) Central Law
Publications
 Paranjape, N.V., Criminology & Penology with Victimology (15th ed.) Central Law
Publications
 Prof. MehrajUddinMir, Compensatory Jurisprudence and Crime Victim: A Comparative
Analysis, Vitasta law Journal, Vol. 4 No. 4, 2014.

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