Code
1[357A. Victim compensation scheme.— (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.]
Explanation
This section mandates that every State Government shall constitute a ‘Victim Compensation Fund’ and establish a ‘Victim Compensation Scheme’ for providing compensation to victims of certain specified offenses. The scheme aims to provide financial assistance to victims who have suffered physical injury, mental trauma, or economic loss due to crimes.
Illustration
For example, if a person is assaulted and injured in a robbery, they may be eligible for compensation under this scheme. The compensation can cover medical expenses, loss of income, and other damages suffered due to the crime.
Common Questions and Answers
Who is eligible for compensation under this scheme?
Victims of specific offenses, including murder, rape, acid attacks, kidnapping, and grievous hurt, are eligible for compensation.
How can a victim claim compensation?
A victim can apply for compensation by submitting an application to the designated authority, usually the District Legal Services Authority (DLSA), along with supporting documents.
What factors are considered while determining the amount of compensation?
The severity of the crime, the extent of the victim’s injuries, their financial situation, and other relevant factors are considered to determine the compensation amount.
What is the time limit for filing an application for compensation?
There is no specific time limit for filing an application, but it is advisable to apply as soon as possible after the incident.
