Section 357 of code of criminal procedure, 1973 cr. Despite sc intervention, victim compensation in pocso. Pursuant to the directions dated 7th july, 2008 contained in criminal appeal no. The court directed petitioner victim to make an application before the district legal services authority since petitioner victim had not filed any application seeking compensation under the victim compensation scheme framed under section 357a crpc, within a period of three weeks from the date of judgment. The compensation to victim of crime is a matter of concern, throughout the. Feb 12, 2021 the jharkhand high court on thursday made pertinent observations regarding the grant of compensation to victims of crimes under section section 357a dealing with the formulation of a victim compensation scheme of the code of criminal procedure crpc. The court cannot award compensation under section 357 of the crpc and no civil proceedings are possible. Accused cannot be asked to pay victim compensation under. A study of victim compensation schemes contents page preface 5 partner organisations 6 acronyms and abbreviations 7 executive summary 811 chapter 1 introduction 1.
Under section 357a of the crpc each state formulated a victim compensation scheme. Section 2wa was inserted which defined the term victim as a person who has suffered any loss or injury and includes heirs and legal representatives. The victim of a crime, in addition to the physical andor mental injury suffers from certain monetary losses as well. Nov 10, 2020 sections 357 and 357a of the code of criminal procedure, 1973 lay down the procedure for granting compensation to the victims of crime. The court can award compensation under section 357 of the crpc, but the award will be taken into account in subsequent civil. Would the victim, of a crime that occurred prior to 31. The scheme is to enable support to victims of rape, acid attacks, human trafficking and. At present, however, state schemes are vastly different from one another in terms of the. Despite the existence of statutory provisions and schemes of the. However, the scope for remedy to the victim in terms of compensation was earlier limited under public law. The court cannot award compensation under section 357 of the crpc, but other civil remedies are possible. 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.
The concept of victim compensation under the code of. Expenditure on schemes for welfare of scs is much below the norm, while allocation has increased from rs. 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. Nov 28, 2019 concerned about the low percent of victims who are getting compensation under pocso act, the ministry of women and child development wcd is considering bringing an amendment to pocso to ensure that victims under pocso act get compensation on the lines of national legal services authoritys nalsas victims compensation scheme given under section 357 a of code of criminal procedure crpc.
However, a scheme based on restitution by the offender to the victim is particularly. Duly filled form i and formil of delhi victim compensation scheme, 2015. Reorganization towards a restorative criminal justice scheme in india was under taken based on an amendment made to the criminal procedure code crpc of. In background of above efforts, the concept of victim compensation scheme has get birth by section 357a which inter alia provides 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 or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation35. Section 357a crpc writinglaw bare act, bare act pdf. Victims have no rights under the criminal justice system, and the state undertakes the full responsibility to prosecute and punish the offenders by treating the victims as mere witnesses. Victim compensation scheme in states with special reference to tamil naduin pursuance of section 357a of crpc, most of the state governments in coordination with the central government have prepared 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. Jaihind, where the court direct that the state shall pay to the victim the sum of rs. An analysis of victim compensation schemes in india economic. In doing so the concept of victim of crime in brief, classification of victims and the work done on victimology in india. Dec 07, 2018 the provisions of criminal procedure code concerning victim compensation occupy a prominent place in the progressive development of the law relating to victim compensation through judicial approach. Compensation of victim of crime in india ipleaders. Pr oport ional ity as a mor al principl e of punishment, 281 o xford journ al of legal studies 57, 5861 2008.
Under the amended indian law, sub section 1 of section 357 a crpc the preparation of a scheme to provide funds for the compensation of victims or his dependents who. Criminal law has always discouraged the acts or omissions which in general can affect right in rem and violators have always been punished with strict sanctions but the crime rate is not falling and state is in regular quest to preserve social solidarity and peace in society. Victim compensation scheme in states with special reference to tamil naduin pursuance of section 357a of crpc, most of the state governments in coordination with the central government have prepared 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. Section 357a crpc writinglaw bare act, bare act pdf, law. Under this provision, even if the accused is not tried but the victim needs to be.
The civilian victims of cross border firing along the border will be given a compensation of rs 5 lakh. Status of uttar pradesh state victim compensation scheme in. Victim compensation in india sections 357 and 357a of the code of criminal procedure, 1973 lay down the procedure for granting compensation to the victims of crime. New zealand introduced it is 1963, great britain in 1964, and australia in 1967. The courts can order an offender to pay compensation to the victim of crime under section 357 of the said code. The section provides for award of compensation to the victim or persons affected by the offence irrespective of the fact whether such offence is punishable with fine and fine is actually imposed, but it is necessary that the accused must have been convicted and sentenced. This list is as per the notification by the central government on cvcf scheme. Tripura victim compensation scheme2012 directorate of prisons. Under the scheme, 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, decides the quantum of compensation to. A girl under 18 years of age may be detained during investigation in a remand home or a recognised social institution only. Under the amended indian law, sub section 1 of section 357 a crpc the preparation of a scheme to provide funds for the compensation of victims or his dependents who have suffered loss or injury as a result of a.
Status of uttar pradesh state victim compensation scheme. The compensation scheme in england is that a victim is paid compensation in accident cases if. Despite the existence of statutory provisions and schemes of the states. 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 dependents who have suffered loss or injury as a result of the crime and who, require. Multiple choice questions on the code of criminal procedure. Further in the year 20 two new sections namely section 357b and section 357c were inserted to make compensation to the victim as defined under section 2wain addition to fine imposed under section 364a or 376d of the ipc as well as treatment of victim respectively. All about judgment and confirmation of death sentences under crpc by vatsala walia download pdf the author, vatsala walia, is a 4th year student of amity law school, delhi. Expenditure on schemes for welfare of scs is much below the norm, while allocation has increased from rs 8089. In america, 28 states including new york and california have introduced these schemes. 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. Compensation to be in addition to fine under section 326a or section 376d 0f ipc. Amendment act 20 has incorporated the specific provisions on acid attack.
Legal provisions of section 357 of code of criminal procedure, 1973 cr. Judgment, appeal and victim compensation ipleaders. Is the provision retrospective or prospective in its application. May 20, 2020 under this act, compensation of victim is mandatory, apart from several other reliefs which depend upon the condition and kind of atrocity caused. An analysis of victim compensation schemes in india.
From the above discussion, it is manifest that under section 357 cr. 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. The mechanism for computing the compensation scheme for victims is not specified. Under section 357 a of code of criminal procedure read with haryana victim compensation scheme compensation can be granted in case of. This section provides discretion to the judges in rewarding compensation to victims which initiates the coarse idea for the compensation for a crime. Under the amended indian law, sub section 1 of section 357 a crpc. This booklet makes an attempt to give birds eye view of the law relating to compensation to the victim of crime under sections 357 and 357a of the code of criminal procedure,1973 cr. Before 2009, there was no welldefined statutory system which will provide support to victims. 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. Each state of the country is to set up a victim compensation scheme in consonance with the central victim compensation fund scheme guidelines. This study was conducted to identify gaps and recommendations for effective implementation of victim compensation scheme in uttar pradesh. Compensation shall be paid to the victim depending on the facts and circumstances of the case as per such scheme. Under this scheme, monetary relief is provided to the victims and their families to support them throughout their rehabilitation process. Enquiry has to be held by the state legal services authority or the district legal services authority, as the case may be.
Sep 19, 2019 therefore, through the criminal law amendment act of 2008, the victim compensation scheme was launched under the code of criminal procedure. C, the court may award compensation to the victim of crime at the time of passing judgment. The query raised relates to the victim compensation scheme under section 357a4 of cr. Victim compensation scheme a welfare initiative youth. Under the latter section, each state of the country is to set up a victim compensation scheme in consonance with the central victim compensation fund scheme guidelines. Emergence and evolution of victim compensation everything began in the state of nature where there was no concept of a state and the only law prevalent was the natural law. Aug 03, 2016 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 concept of victim compensation under the code of criminal. The central victim compensation fund cvcf scheme was formed in 2015 with and initial corpus of rs 200 crores. It assigns the role of formulating victim, compensation schemes to the state governments and the legal services authorities are suppose to carry out its implementation. Jan 03, 2021 in 2009, the crpc was amended and provisions were inserted for a scheme for payment of compensation to victims. Compensation to the victim of crime, assessing legislative frame work and role of indian courts. Documents required for compensation in case of injury in offence us.
Crpc which requires for the state governments to prepare victim compensation schemes in coordination with the central government. A victim compensation scheme which was established into section 357a of the crpc in 2009. Chief secretary assured that hence forth all policy matters will be referred to ncsc for opinion. The amount of compensation will increase by 50% if the victim is below 14 years of age. Before 2009, the compensation to victims was payable under section 357 of. Victim compensation section delhi state legal services. 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. Duty of frontline professionals towards securing justice for victims. Rights of victims in the indian criminal justice system. Victim compensation in criminal justice system karnataka. The provisions for compensation envisaged in the code of criminal procedure, 1973 are contained in sections 357, 358, 359 and 357a of the code.
A new section 357a has been inserted which talks of victim compensation scheme. The compensation scheme in england is that a victim is paid compensation in accident cases if he is injured for three weeks loss of pay. The court said that under section 357, only the accused could be directed to pay compensation to the victim. The compensation to victims of a crime is a matter of concern, throughout the world. This scheme applies to the victims irrespective of the outcome of the prosecution. Compensation scheme for women victimssurvivors of sexual. Despite sc intervention, victim compensation in pocso cases. Amendments made to the code of criminal procedure crpc, 1973 in 2008 as well as through the. Here its development of compensatory rights may be seen under three heads as a. It prescribed a minimum amount of compensation to be granted to victims.
Mar 15, 2017 moreover under section 357a of crpc, every state government is required to prepare a scheme for providing funds in coordination with the central government for the purpose of compensation to victims or their dependents of the crime and require rehabilitation. Victim compensation scheme guidelines district courts. Law relating to victim compensation indian law watch. It was amended vide notification dated 28th august, 2015. Doc crpc project on 154th law commission report amrita. The telangana victim compensation scheme,2015 under section 357a of crpc. On basis of above scheme the high court of delhi has in state v. Pc for the victim or informant or her lawyer to directly participate in the trial. Here is a list of minimum compensation to be provided to victim of a crime. Every state government in coordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the victim. Constitution of arunachal pradesh victim compensation fund. The role of the lawyer appointed by the victim to coordinate with the prosecution is not clear.
Victim compensation scheme a welfare initiative youth forum. Dec 10, 2015 section 357a of crpc victim compensation scheme 1 scheme for compensation. However, the scope for remedy to the victim in terms of compensation was earlier limited under public law by way of writ jurisdiction. In india, the right of a victim of receive compensation was recognized under the old code code of criminal procedure, 1898 as well but available only where a substantive sentence of fine was imposed and limited to the amount of fine actually realized. 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. 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. New section in crpc for compensation to sexual crime victims.
Central victim compensation fund schemecvcf vikaspedia. The state of haryana has framed haryana victim compensation scheme 20. Compensation for civilian victims of cross border firing, terrorism and maoist violence. Pc mandates that such lawyer of the private party shall act under the directions of the public. Studies on crime victims by researchers started in india only during the late 1970s. The court directed petitioner victim to make an application before the district legal services authority since petitioner victim had not filed any application seeking compensation under the victim compensation scheme framed under section 357a crpc, within a.
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