Victim Compensation Schemes
What is Victim Compensation?
Victim Compensation refers to the payment of monetary relief by the State to victims of crime, especially in cases where the victim suffers physical, mental, or economic harm as a result of criminal acts. The compensation aims to alleviate the hardship faced by victims, help in their rehabilitation, and provide justice when the offender cannot or does not pay restitution.
Legal Framework in India
Section 357A of the Criminal Procedure Code (CrPC), 1973:
Introduced by the Criminal Law (Amendment) Act, 2008, Section 357A mandates that the State Government establish a Victim Compensation Scheme to provide funds to victims.
The Supreme Court’s Role:
The judiciary has been instrumental in developing and enforcing the concept of victim compensation, often directing states to formulate and implement victim compensation schemes.
Objectives of Victim Compensation Schemes
Provide monetary relief to victims of violent crimes.
Ensure speedy assistance and rehabilitation.
Reduce victim hardship by bearing medical and legal expenses.
Serve restorative justice, promoting confidence in the criminal justice system.
📚 Important Case Laws on Victim Compensation
1. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Facts:
Gurmit Singh was convicted for a sexual assault. The victim was a minor girl, and the trial court sentenced the accused but did not order compensation.
Issue:
Whether courts can order compensation to victims under the CrPC and what should be the quantum.
Held:
The Supreme Court recognized the right of the victim to compensation as a part of criminal justice.
It emphasized that courts have the power to award compensation under Section 357 CrPC.
The Court observed that compensation should be just, fair, and reasonable.
The State was directed to compensate the victim from a special fund if the offender was unable to pay.
Significance:
First landmark decision recognizing compensation for victims in criminal cases.
Placed responsibility on the State alongside the offender.
2. Delhi Domestic Working Women’s Forum v. Union of India (1995) 1 SCC 14
Facts:
This case involved the rights of women subjected to sexual harassment and violence, addressing the State’s duty towards victims.
Held:
The Supreme Court stressed the State’s obligation to protect victims and compensate them.
Directed the Government to establish a Victim Compensation Fund.
Recognized compensation as an essential remedy to restore dignity.
Significance:
Pushed the agenda for formal victim compensation schemes.
Advocated for victim welfare as part of State responsibility.
3. Bachan Singh v. State of Punjab (1980) 2 SCC 684
Facts:
Though primarily a death penalty case, it dealt with the question of compensating the family of a murder victim.
Held:
The Court held that punishment alone does not suffice; victims or their families must be compensated.
Directed the State to consider victim compensation as part of restorative justice.
Significance:
Expanded the view of justice to include victim relief.
Influenced later formulation of compensation schemes.
4. People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235
Facts:
Concerned with unsafe working conditions causing death/injury to workers.
Held:
Court held that victims or their dependents must be compensated.
Directed the State to enact laws or schemes for victim compensation.
Significance:
Broadened victim compensation to include work-related injuries caused by negligence.
Emphasized preventive and compensatory measures.
5. Union of India v. State of Haryana (2003) 2 SCC 419
Facts:
The issue was regarding the delay in compensation payment to victims of violent crimes.
Held:
The Court emphasized prompt payment of compensation.
Directed the State Governments to create mechanisms for speedy disbursal.
Ordered establishment of a special fund for victims' compensation.
Significance:
Highlighted procedural efficiency.
Strengthened victim compensation as an effective remedy.
🔍 Features of Victim Compensation Schemes
Eligibility: Victims of serious offences like rape, acid attacks, grievous hurt, death, trafficking, etc.
Quantum: Varies by scheme; includes medical expenses, loss of income, rehabilitation.
Disbursal: Through State Victim Compensation Funds managed by the Department of Women & Child Development or Social Welfare.
No Proof of Conviction Required: Compensation can be granted even if the accused is not convicted or traceable, to ensure victim support.
Appeal: Victims can appeal if compensation is delayed or denied.
📝 Summary
| Case Law | Key Principle on Victim Compensation |
|---|---|
| State of Punjab v. Gurmit Singh | Courts can order compensation; State responsible if offender can't pay. |
| Delhi Domestic Working Women’s Forum | State must protect victims and provide compensation. |
| Bachan Singh v. State of Punjab | Victim families entitled to compensation alongside punishment. |
| People's Union for Democratic Rights | Compensation for victims of negligence and unsafe conditions. |
| Union of India v. State of Haryana | Compensation must be prompt; States must ensure speedy disbursal. |
Conclusion
Victim Compensation Schemes represent a crucial step towards restorative justice in criminal law. While punishment targets the offender, compensation ensures that victims receive tangible relief and support to recover from the harm caused.
Courts have progressively expanded the scope and importance of victim compensation, directing States to institutionalize and implement these schemes effectively.
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