In india, the right of a victim of receive compensation was recognized under the old. India follows a criminal procedure code, commonly known as the crpc to deal with criminal cases. The paper also emphasizes the need to provide assistance to crime victims. It is the court which orders that the victim who suffered loss needs to get compensated. All state governments in consultation with the central government are to prepare a scheme for victim compensation. The nodal agency for deciding the quantum of compensation under the victim compensation scheme is the district or the state legal services authority, as the case may be. Central victim compensation scheme cvcf has been framed under section 357a of crpc. Expenditure on schemes for welfare of scs is much below the norm, while allocation has increased from rs. New section in crpc for compensation to sexual crime. Compensation to victims of crime under criminal law. Reorganization towards a restorative criminal justice scheme in india was. Rights of victims in the indian criminal justice system. Nalsas compensation scheme for women victimssurvivors of sexual. Under the law of torts the victims can claim compensation for the injury to the person or property suffered by them.
Pc for the victim or informant or her lawyer to directly participate in the trial. Victim compensation is an important aspect of victim restitution in criminal justice system. Chapter 1 introduction victims compensation has always been the weeping beggar at the door of criminal justice. Under this initiative a corpus fund will be disbursed to statesut to facilitate statesuts in providing compensation to the victim including survivors of rape and acid attack or her dependents who have suffered loss or. Vanishing themes of indian victim compensation law. The central government had, in 2009, asked every state to form such a scheme in coordination with it. Victim compensation under the code of criminal procedure, 1973 where conviction and fine is part of the sentence when an accused is proven guilty, and the court passes an order which contains a fine of any denomination, the court can order such fine or any part of it to be paid to the victim of crime. In case the rape victim women has lost her life, maximum compensation amount to the dependent of rape victim could be rs. The amendment of the crpc in 2008 has brought in progressive legislation by inserting a new section 357a crpc, the victim compensation scheme. By virtue of section 431, crpc, section 421, crpc, along with its proviso, is equally applicable for recovery of a specified amount, which does not form part of the sentence ordered as compensation, under section 3573, crpc. Reorganization towards a restorative criminal justice scheme in india was under taken based on an amendment made to the criminal procedure code crpc of. Victim compensation scheme framed as per apex court directions. 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. It is taking decades for the victims to get a decree for damages or compensation through civil courts, which is resulting in so much hardship to them.
So that on the date of judgment the victim shall receive the compensation sum in the form of a cheque issued by the said court. This is to be organized in a separate legislation by parliament. Unfortunately, another difficulty was that the existing laws on determination of victim compensation leave it to the sole discretion of authorities provided under the crpc. Implementation of victim compensation scheme leaves a lot. Read more about new section in crpc for compensation to sexual crime victims on business standard. Nambiar, some insights on formulation of a victim compensation scheme in india, 5 nuals l. The primary purpose of the scheme is to provide 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. Section 357a 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 dependants who have suffered loss or injury as a result of the crime and who require rehabilitation. Compensation shall be paid to the victim depending on the facts and circumstances of the case as per such scheme. Sc accepts compensation scheme for survivors of sexual.
This scheme will follow the lines of supreme court sc judgment delivered last month. In october 2015, indias home ministry has set up a central victim compensation fund cvcf with an initial amount of rs. Victim compensation is a state obligation in allserious crimes, whether the offender is apprehended or not, convicted or acquitted. In doing so the concept of victim of crime in brief, classification of victims and the work done on victimology in india. The implementation of the victim compensation scheme in states leaves a lot to be desired. This article highlights that the provisions in the crpc after the new changes are more general in their attitude of addressing predicament of victims. The compensation scheme in england is that a victim is paid compensation in accident cases if. Tamil nadu victim compensation scheme 2018 for women. Under the scheme, a compensation fund will be set up and it would be managed by state legal services authorityslsa. Central victim compensation fund schemecvcf vikaspedia. Rape, acid attacks, human trafficking and women killed or injured in the cross border firing. Judiciary has in several cases awarded compensation to the victims under crpc while. The telangana victim compensation scheme,2015 under section 357a of crpc. Procedure for grant of compensation 1 wherever, a recommendation is made by the court for compensation under subsections 2 andor 3 of section 357a of the code, or an application is made by any victim or their dependents.
Judgment, appeal and victim compensation ipleaders. Subsequently, pursuant to the directions of the state cabinet, the rates of compensation have been revised. Chief secretary assured that hence forth all policy matters will be referred to ncsc for opinion. I compensation under general laws a compensation under code of criminal procedure, 1973 the provisions relating to compensation to victims of crime are contained in ss. While the victim of a crime may move the government to appoint a special prosecutor for a given case,26 there is no scope under the cr. You may receive compensation for the physical and emotional injuries caused by the incident, as well as financial compensation for all medical and rehabilitation expenses. The objective of this fund is to financially support the victims of various attacks viz. Compensation, compensation schemes, victim, criminal justice, india. A copy of the central victim compensation fund schemes guidelines is enclosed. So far 24 states and 7 uts have formulated the victim compensation scheme. The bill proposes a compensation scheme for the victim. Clause 1 also speaks of creating a fund under the scheme.
Victim compensation as now made applicable by crpc does not require the apprehension and conviction of the offender to provide financial relief to the victims. Scheme for compensation to be prepared by the state governments scheme for providing compensation shall be prepared by state governments in coordination with central government. The term victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir. Enquiry has to be held by the state legal services authority or the district legal services authority, as the case. Accordingly, the victim compensation scheme was notified vide sro 229 dated 23rd april, 20. On the recommendation of the court, the state district legal services authority9 would decide the quantum of compensation to be awarded. This is a digital guide for people who have applied, or are thinking of applying, for compensation under the criminal injuries compensation scheme 2012. The authors of the present paper have also suggested some of the immediate steps that are to be implemented by the law enforcement agencies in india to improve the position of victims in the criminal justice system.
New zealand introduced it is 1963, great britain in 1964, and australia in 1967. C 357a, victim compensation scheme, from the code of criminal procedure. Victims of war and accidents have the right to claim compensation under the statute, but there is no such right available to other victims, though compensation has been awarded in a few cases, at the discretion of the court and some statutory. As per the notified victim compensation scheme, the following amount would be given to the victims. Compensation to victims is a recognised principle of law being enforced through the ordinary civil courts. 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. C was added providing for the victim compensation scheme and. Order for notifying address of previously convicted offender. In america, 28 states including new york and california have introduced these schemes. It is to encourage statesuts to effectively implement the victim compensation schemes vcs notified by them under the provisions of section 357a of crpc and provide financial support to victims of various crimes like sexual offences including rape, acid attacks, crime against children, human trafficking etc, he said.
The victim compensation scheme is aimed at providing financial help to the victims of crime for their treatment, aftercare and rehabilitation etc. Indian victim compensation law 315 5 law commission of india, one hundred and fifty ourth report on the ode of criminal procedure, 1973 1996, at 57. On basis of above scheme the high court of delhi has in state v. The supreme court on wednesday accepted the scheme on victim compensation for survivors of sexual assault and acid attack, 2018 the scheme was submitted to a bench comprising justice madan b. The government has introduced a central victim compensation fund cvcf scheme, with an initial corpus of rs 200 crores, to enable support to victims of rape, acid attacks, human trafficking and women killed or injured in the cross border firing. Pr oport ional ity as a mor al principl e of punishment, 281 o xford journ al of legal studies 57, 5861 2008. Victims of sexual crimes including rape, acid attacks, crime against children, and human trafficking will be entitled to compensation under a new section inserted in the code of criminal procedure, 1973, the rajya sabha was informed today. Victims rights in india victims have few legal rights to be informed, present and heard within the criminal justice system. The maharashtra victim compensation scheme 2014 has state home department as nodal agency. A victim of crime thus is a person who suffers any loss or injury as a result of the crime. Jaihind, where the court direct that the state shall pay to the victim the sum of rs. Chapter xxvii, section 353 to 365 of crpc the judgment. Victim compensation scheme exists only on paper nagpur. Section 357a crpc writinglaw bare act, bare act pdf.
New section in crpc for compensation to sexual crime victims. If you have been a victim of rape, you may be able to receive compensation for being attacked and sexually assaulted under the criminal injuries compensation scheme 2012. Constitution of arunachal pradesh victim compensation fund. Fund release under the central victim compensation fundcvcf does not seem to be based on any rationale. The compensation part of the rehabilitation of victims of violence including rape is governed by provision of section 357a of the code of criminal procedure which states that every state government in coordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the victim of crime.
The prime focus of the article would be on the victim compensation law and also. Similarly, under section 250 crpc, if the magistrate is convinced that there was no reasonable ground for. Pc mandates that such lawyer of the private party shall act under the directions of. Lokur had approved this suggestion for compensation while hearing the nipun saxena vs union of india case and had given directions. From the above discussion, it is manifest that under section 357 cr. With the permission of the court, a victim can engage an advocate of his choosing to coordinate with the public prosecutor in charge of the case. To make the victim compensation scheme approachable to the victim, sufficient fund be allocated to each court. Compensation of victim of crime in india ipleaders. Under section 357 crpc, empowers a criminal court imposing a sentence of.
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