VICTIM COMPENSATION SCHEME

The rights of the victims of the crimes in the extant criminal justice system specifically regarding the monetary compensation and rehabilitation of them are quite crucial from the perspective of human rights. The basic Code of criminal procedure i.e. CrPC, 1973 has ample provisions to provide succour to the victims. Section 357 of the said Code empowers the Courts to pass orders to pay monetary compensations to the victims. Unfortunately, owing to want of judicial wisdom and sensitivity, this provision is sparingly made use of. Moreover, the Code of Criminal Procedure (Amendment) Act, 2008 enforced w.e.f. 31-12-2009 has inserted a new section 357A envisioning a “Victim compensation scheme”. It mandates that:
(1) Every State Government in co-ordination 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 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.
Hence, the need of the hour is to frame a scheme as envisaged in the aforesaid section 357A forthwith and to implement it in letter and spirit.