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VICTIM COMPENSATION IN INDIA -RECENT ANALYSIS

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 VICTIM COMPENSATION IN INDIA - RECENT ANALYSIS
Mahantesh G S*
Mamatha R**
Abstract
Criminal justice remained generally inadequate from the point of view of the victims of
crime. The basic object of Criminal Justice is to protect society against crime and to punish
the offender. However, Criminal Justice System does not show equal concern for the
victims of crime, who have suffered loss or injury. The compensation to victims of a crime
is a matter of concern, throughout the world. The condition of the victims of crime is no
better and for a quite long time, the victim was not a concern for traditional. Criminology.
The main objective of the criminal justice system in any country is to protect the rights of
the individual and the state against intentional infringement of the basic norms of society
by ruthless persons. The main objective of the criminal justice system in any country is to
protect the rights of the individual and the state against intentional infringement of the
basic norms of society by unscrupulous persons.
This objective is sought to be achieved by ensuring that the accused is punished under the
law, in the process of which every measure is taken to ensure that the rights of the accused
are safeguarded. It is the main motto of the Indian Judicial System to deliver fair and
appropriate justice to the victims or aggrieved ones. However, other than giving a fair
amount of punishment to the offenders the court must compensate the victims through
proper sources. Over time Indian judiciary has provided central schemes and state
schemes to provide compensation to the victims. The criminal justice system and the statute
governing victim compensation in India are both subjected to analysis and evaluation in
the current researched article. The document also emphasises the necessity of an inclusive
legal system that helps crime victims.

*Assistant Professor of Law, Alliance School of Law, Alliance University, Bangalore

**Assistant Professor of Law, Alliance School of Law, Alliance University, Bangalore

79
Introduction
That justice remains incomplete without adequate compensation to the victim. The
Victim Compensation Scheme somewhere highlights the study of Jeremy Bentham's
Utilitarianism Theory, which is based on the principle of "greatest happiness to the greatest
number. The main objective of the criminal justice system in any country is to protect the
rights of the individual and the state against intentional infringement of the basic norms of
society by unscrupulous persons. In the criminal justice system, the victim is typically an
overlooked party. Even though they are a person who has suffered harm such as physical,
mental, or emotional, the victim of a crime is only allowed to serve as a witness for the
prosecution in the current criminal justice system.
Emotional, financial, or fundamental rights violations. The State focuses its
attention on the criminal to defend their fundamental rights, human rights, the right to a
fair trial, and their protection from any form of incarceration-related exploitation. The State
takes care of all the accused's issues while ignoring the victim's situation. The State uses
its resources to care for the accused. The victim of the crime was subjected to unimaginable
pain and suffering, and punishment alone was not sufficient to meet the victim's demands.
Of course, the accused must be treated with dignity because he is presumed innocent until
proven guilty. To prevent the victim of a crime from becoming resentful and possibly
developing a desire to use the law to get revenge, it is vital to offer them a prominent role.
Otherwise, the victim may become a threat to the Rule of Law, which is necessary for
maintaining a democracy.1
The fact that crime victims and the suffering of the victim's dependents are not
taken seriously by the law is a weakness in our criminal law jurisprudence. In actuality,
victim recompense remains our criminal law's final bastion. The law now provides few,
disjointed, uncoordinated, and reactive remedies. This is the systemic gap that has to be
filled by the legislative.
Who are the victims?
Victims mean one who, individually or collectively, has suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of

1
(2002) 4 S.C.C. 578.

80
their fundamental rights, through acts or omissions that violate criminal laws operative
within Member States, including those laws proscribing criminal abuse of power.
The following people can exercise a victim’s rights if the victim is dead or not able to act
on his or her behalf:
· A victim’s spouse.
· A common-law partner who has lived with the victim for at least one year before the
victim’s death.
· A relative or dependant of the victim
· Anyone who has custody of the victim or the victim’s dependent.
The definition of “Victim” has been provided under the code of criminal procedure
under section 2 (a) which was inserted in 2009 as “victim means a person who has suffered
any loss or injury caused because of the act or omission for which the accused person has
been charged and includes the legal heirs or guardian of the victim”. A specific definition
is provided in the code however; the definition is not exhaustive. We can’t say the victim
is the person who has suffered loss or injury due to the wrongful act or illegal omission of
the other who has been charged for such an act or omission. The term also includes the
person who has been charged with an offense but found innocent after trial and even after
undergoing and completing the punishment. Therefore, the term victim can be classified
into the following categories:
(a) Victim of offence
Generally, the term “victim” is considered regarding the person against whom any
offence has been committed and due to which he has suffered loss or injury. For every
wrong, two persons are necessary, one is the person who commits the wrongful act or does
any illegal omission, and another is the person who becomes the target of such act or
omission.
(b) Victim of false accusation and trial
In the second category, those persons are included who although have not
committed any crime but have to face trial and even undergo prison for false accusation.
The incidents are not new when innocent persons have to face trial for the offences and
sometimes very serious crimes that they have not committed. The latest case in this
reference is of Vishnu Tiwari2 was arrested on the accusation of a scheduled caste woman

81
stating that she has been raped by Vishnu Tiwari. Vishnu Tiwari was held guilty of rape
under SC, ST, Act in the year 2000. He filed an appeal in the High Court of Allahabad and
was held not guilty and acquitted in 2021. But he spent about 20 years in jail although he
was. Innocent. The definition of the term “victim” under section 2 (a) of the code of
criminal procedure does not include the victim of a false trial.
(c) Need for victim compensation.
The Hon’ble Supreme Court stated the importance of victim compensation in Maru
Ram v. Union of India:
“... A victim of crime cannot be a ‘forgotten man’ in the criminal justice system. He is the
one who suffered the most. His family is devastated, especially in terms of death and
physical injuries. This is in addition to factors such as loss of honour and humiliation. An
honour that is lost or a life lost cannot be regained but then the currency compensation
will at least give some comfort.”2
Objective of Compensation
When a victim gets compensation for any crime he has suffered it becomes very important
to the person because it symbolizes justice towards the victim and it can be seen as financial
help for the victim.
· In society when compensation is awarded its shows that there is something wrong that is
done by the victim.
· The compensation would work as a step towards helping the victim to overcome the
trauma and the damages that are suffered by the victim at the individual level.
· The compensation helps victims in transforming their lives.
Funds for Paying the Victims' Compensation
Depending on the circumstances, both the criminal and the state may offer
compensation. In some states, there are state-run programmes for dealing with violent
crimes. In some situations, it is not required for the perpetrator to be apprehended or
identified; in other situations, a state-funded scheme providing recompense to the victims
can be helpful. In essence, governmental programmes are more biased than any formal
civil proceeding. The funds for victim compensation may come from several sources.

2
(1981) 1 SCC 107.

82
Convicted property, fines, tax revenues, and other public or private institution funding are
some examples of these sources.3
Claim for victim compensation can be made on different bases but it is not only limited to:
· Pain and suffering due to physical or mental violence.
· Medical cost
· Unpaid or low-paid wages
· Fines imposed by criminals for bad behaviour.4
History
The term ‘victim’ when all is said in done alludes to each one of the individuals
who experience damage, misfortune, or hardship because of any reason and one of such
causes might be a crime. In this way, victimology might be characterized as an
investigation of individuals harmed for any reason. Such damage or mischief might be
physical, mental, enthusiastic or money-related. It in this way pursues the ‘victim of crime’
an individual who endured any damage because of any wrongdoing or crime. The criminal
equity framework is essentially intended to change the exploitation of these unfortunate
casualties and to address the issues encompassing him. Anyway, getting equity in the
Indian criminal equity framework was never a luxurious situation for the casualties of
offence. The most recent couple of decades anyway had seen noteworthy changes in the
methodology of the lawful framework.
Restitution has frequently been used historically as a form of punishment. Civil and
criminal law were never conceptually separated in ancient cultures, but the offender was
nonetheless mechanically obligated to compensate the victim and/or their family for any
losses brought on by the commission by the offender of the crime. However, rather than
paying the victim, the main goal of such restitution was to shield the offender from violent
reprisals by the victim or the community.5 The perpetrator was allowed to "purchase back"
the tranquillity that he had disturbed.

3
Bhanu Pratap Singh, Victim Compensation Scheme in India, 2020 International Journal of Legal Science
and Innovation Vol. 2 [ISSN 2581-9453], 2020.
4
Id.
5
Dilip S. Dahanukar v Kotak Mahindra Co. Ltd. and Anr. (2007) 6 SCC 528; Victim Restitution in Criminal
Law Process: A Procedural Analysis, (1984) 97 Harvard Law Review, p. 931 – 946

83
 Principles of law eventually defined the distribution of punishment for criminal
offences and civil torts as time went on. Then compensation was included in civil law as a
victim's right rather than a criminal law remedy.
Due to the legal perspective that criminal justice was either reformative or
retributive for the aim of the offender rather than being rehabilitative concerning the victim,
criminal law was therefore relieved of the duty of recompense to rehabilitate victims. This
conventional view has significantly changed in recent years as societies all over the world
have come to believe that both the legislatures and the courts are failing to adequately
protect victims of crimes.
However, a plan centered on the criminal making reparation to the victim is highly
effective when problematic because the victim must be able to afford the resources for the
same and the culprit must be caught and found guilty. A similar approach increases the
likelihood that the victim won't receive compensation because the perpetrator is in debt and
unable to earn money while incarcerated.6
Consequently, it appears that having a State Fund from which the victims are
quickly reimbursed after the crime is the ideal approach. The perpetrator may be required
by the court to pay back a specific amount to the State if and when he is found guilty. This
protects the victim from being harmed by the offender's incapacity to pay, the protracted
length of the legal process, or an acquittal due to a lack of proof.
As a result, legislation allowing for restitution by criminal justice courts has been
introduced by many States, including Canada, Australia, England, New Zealand, Northern
Ireland, and the USA.
International Scenario
By resolution 40/34 of the General Assembly on November 29, 1985, the United
Nations adopted the "Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power." This proclamation included some principles, including a description of
what constitutes a "victim," which discusses receiving compensation and making amends
as well as fortifying the judicial system. The Declaration on the Protection against Enforced
Disappearances, which the UNGA ratified in a resolution on December 18, 1992, came

6
M. Novak, Crime Victim Compensation – The New York Solution, (1971), 35 Alb L. Rev., p.717. 7Fresneda
v State (1977) 347 So.2d 102; People v Becker (1957) 349 Mich. 476; State v Elites (1980) 94 Wash.2d 489.

84
next. The UNGA then passed another resolution on the same subject, the "International
Convention for the Protection of All Persons from Enforced Disappearance," which
primarily sought to protect people who were thought to have been detained, arrested,
kidnapped, or otherwise deprived of any liberty by the agents of the law themselves,
including through acts of police brutality and involuntary confinement. In this case, the
rights to justice, information about the inquiry, and compensation are summarised.
Restitution, information satisfaction, restoration of dignity, rehabilitation, and
compensation are all included in this convention's clauses. The most recent resolution on
the subject, titled "Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law," addressed the issue of victim
protection.7 Additionally, international compensation is specifically mentioned and
provided for under the Organized Crime Convention's Articles 14 and 25, as well as the
Trafficking in Persons Protocol's Article 6 (6).8 UDHR and the international civil and
political rights covenant recognise the right to compensation9.
Indian Legal Framework
In terms of victim compensation, the Indian society has witnessed cooperation from
the government and the judiciary. Such compensation is covered by provisions in both the
Constitution and the Code of Criminal Procedure, 1973. However, it must be recognised
that the constitution lacks explicit victim protection clauses; instead, victims must be
considered while interpreting other human rights clauses.10

7
Romani, C. ‘International law of victims’, 220, Max Planck Yearbook of United nations law, Vol. 14, p.219-
72. (Koninklijke Brill N.V, 2010)
8
United Nations Conference room paper, on National Approaches to compensation of victims of trafficking,
9
Art 2 clause 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose
rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming
such a remedy shall have his right thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal system of the State, and to develop
the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies
when granted. Art 9 5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
10
Dube, D. ‘Victim Compensation schemes in India: An Analysis’ 342, International Journal of Criminal
Justice Sciences 13 (1): 339–355 (2018)

85
 Under different provisions of the Code of Criminal Procedure, The Probation of
Offenders Act, 1958 and the Motor Vehicle Act, 1988 various provisions governing
compensation have been stated.
Compensatory Provisions under Cr.P.C.
The CR.P.C 1973 has authorized the courts in which criminal matters are tried in
India for ordering compensation to the person who has suffered loss or damage. Section
357 deals with compensatory provisions.
Under Section 357(1) it is given:11
“Whenever under any law in force for the time being a criminal court puts fine… or a
sentence (including a sentence to death) of which fine forms a part, the court may, when
imposing judgment, order the whole or any part of the fine recovered to be applied:
a) In covering expenses properly incurred in the prosecution;
b) In the payment to any person of reimbursement for any loss or injury caused by the
offence when compensation is, in the view of the court, restorable by such person in a civil
court;
c) When any person is prosecuted for any offence for having caused the death of another
person.
Under the Fatal Accident Act, 1855, another person is compelled to pay
compensation to a person entitled to receive compensation from a person who has been
compensated for such a death.”12
On the recommendations of the Malimath Committee section 357A and section
357B were inserted in the code of criminal procedure, 1973 through the 2009 amendment
act which provides for a scheme for victim compensation and also that the compensation
as provided in this section shall be in addition to the fine as provided under section 357 of
Cr.P.C. Before the insertion of these sections there was no provision for victim
compensation, however, the provision for ordering the accused to pay compensation to the
victim was provided under section 357 of Cr.P.C. The specific provisions for victim
compensation are as under:

11
Under Sec. 1A (b) of the Act, husband, wife, parents and children are entitled to compensation.
12
Id.

86
(a) Section 357 of the Code of Criminal Procedure
Section 357 was originally incorporated in the Code of Criminal Procedure, 1973,
which was given a place in the code on the recommendations of the 41st Law Commission
which submitted its report in 1969. The commission discussed section 545 of old Cr.P.C.
1898 and gave its opinion in favour of incorporating the present section 357 which
empowers the court which has jurisdiction to impose a fine in addition to imprisonment to
order the accused to pay such fines to the victim which can be used by the victim for
defraying the expenses properly incurred in the prosecution or to pay the medical expenses
for treatment of the victim or for compensating any bona fide purchaser of the property
who has purchased the property against which the offence of theft, criminal breach of trust,
criminal misappropriation of property or cheating has been committed.
(b) Section 357-A of the Code of Criminal Procedure
Section 357-A specifically provides for the victim compensation scheme; however,
this section was not originally incorporated into the criminal procedure code. The need was
felt when there was no adequate relief for the victim of such offenses easy for the victim
to recover and rehabilitate such as an acid attack, rape etc. In such types of offenses, the
victim either died or had to pay lots of amounts for treatment if the victim remained alive.
Taking into consideration all the consequences, the legislature inserted section 357-A, and
in the supplement section 357-B for providing compensation in addition to a fine that can
be imposed upon the accused. Section 357-A provides that the State Govt. shall prepare
the scheme for providing compensation to the dependents or the victim who has suffered
loss 6 and the amount of compensation shall be decided by the District Legal Services
Authority or State Legal Services Authority. Such provisions for compensation can also be
made even when the accused is not identified.
(c) Section 357-B of the Code of Criminal Procedure
In supplement to the above-said provisions, it is also provided through section 357-
B that the compensation payable shall be in addition to the fine awardable to the victim of
an acid attack under section 326A and gang rape under section 376D of IPC. The relief
granted under this section is provided additional relief to the victim of an acid attack or
gang rape to enable her for rehabilitation and treatment which though can never end the
mental and physical pain, she suffered but can minimize it.

87
 A magistrate has the authority under Section 358 to compel or force someone to
pay compensation of up to Rs. 1000 to someone for ordering police officials to arrest them
in the incorrect circumstance. Similarly, to this, section 359 of the CR.P.C. mandates
payment of damages in non-cognizable instances.13
Constitution of India
The Constitution of India also provides certain safeguards to the victim of crime. It
has several provisions which endorse the principle of victim compensation.14 The
guarantee against unjustified deprivation of life and liberty15 has in its elements obligating
the state to compensate victims of criminal violence. The Supreme Court of India has
interpreted the right to compensation as an integral part of Article 21 of the Constitution.16
The Hon’ble Supreme Court has expanded the ambit of the fundamental right to
life and personal liberty to include the right to compensation to the victim. In the case of
Rudal Shah v. the State of Bihar,17 the apex court awarded compensation of Rs. 35,000/-
to the victim who was detained in the prison for a long period of 14 years even after he was
acquitted. After the case of Rudal Shah, the apex court in various other cases reiterated its
order of making compensation an integral part of the right to life and liberty, such as Bhim

13
Section 358 of Cr. P C. Compensation to persons groundlessly arrested. Whenever any person causes a
police officer to arrest another person, if it appears to the magistrate by whom the case is heard, that there
was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding
one hundred rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of
time and expenses in the matter, as the Magistrate thinks fit. In such cases, if more persons than one is
arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one
hundred rupees, as such Magistrate thinks fit. All compensation awarded under this section may be recovered
as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to
simple imprisonment for such term not exceeding thirty days as the Magistrate directs unless such sum is
sooner paid.
14
Indian Const. Art. 14
15
Indian Const. Art. 21
16
In several cases the apex court has repeated its order, making compensation an integral aspect of the right
to life Rudal Sah v. State of Bihar, 1983; Bhim Singh v. State of Jammu & Kashmir, 1985; Dr. Jacob George
v. State of Kerala, 1994; Manju Bhatia v. N.D.M.C. A.I.R 1998 S.C 223, 1998; Paschim Bangal Khet
Mazdoor Samity v. State of West Bengal & Ors., 1996; People’s Union for Democratic Rights Thru. Its Secy.
v. Police Commissioner, Delhi Police Headquarters, PUDR v. State of Bihar, 1987.
17
(1983) 4 SCC 141 - Rudul Sah’s case is a landmark judgment in the jurisprudence of state liability. It is
considered particularly important as it led to the emergence of compensatory jurisprudence for the violation
of fundamental rights under the Constitution. It is noteworthy in this context that there is no express provision
for awarding compensation in the text of the Indian Constitution, and that this judgment was on the basis of
the Court’s interpretation of the extent of its remedial powers. This was the first case since the inception of
the Supreme Court that awarded monetary compensation to a person for the violation of his fundamental
rights guaranteed under the Constitution.

88
 Singh v. State of J&K18, Dr. Jacob George vs. State of Kerala19, Manju Bhatiya v. N. D. M.
C.20 and Paschim Bangal Khet Mazdoor Samity v. State of West Bengal & Ors.21 and many
other cases. People's Union for Democratic Rights v. State of Bihar22 and Secy. v. Police
Commissioner, Delhi Police Headquarters23 is the relevant case. The State of Haryana was
ordered to pay the Appellant Rs. 20 Lakh in damages in Rohtash Kumar v. State of
Haryana.24 There is no set amount above which compensation cannot be granted to the
victim because doing so would utterly undermine the point because each crime has a unique
factual matrix and may call for a different level of compensation.25
Provisions under other Legislations
Other laws, such as the Consumer Protection Act of 1986, the Fatal Accidents Act of
1855, the Indian Railways Act of 1989, the Merchant Shipping Act of 1958, the Motor
Vehicles Act of 1988, the Probation of Offenders Act of 1958, the Protection of Women
from Domestic Violence Act of 2005, and the Sexual Harassment (Prevention, Protection
and Redress) Act of 2013, also provide for such compensation in various circumstances.
Another illustration would be the Probation of Offenders Act of 1958, which permits the
court to order an offender to compensate the victim under section 5 of the Act while
releasing an accused person on probation or admonition.
· Central victim compensation scheme
The Ministry of Home Affairs introduced the Central Victim Compensation Scheme
(with effect from August 2015) in addition to the existing Victim Compensation Scheme
which further increased the quantum of compensation in cases of rape and sexual assaults.
In addition to this, women across borders suffering partial or permanent disability were
also addressed.
The Criminal Law (Amendment) Act of 2013 was passed on April 2, 2013, and as a
result, the Central Victim Compensation Scheme (CVCS), which was also a response to
the Nirbhaya incident, was created. It is a fairly centralised system that guarantees

18
AIR 1986 SC 494
19
(1994)3SCC 430
20
AIR 1998 SC223
21
1996 SCC (4) 37
22
1987 AIR 355
23
1990 ACJ 192
24
(2013) 14 SCC 434
25
Id.

89
compensation for victims. Nirbhaya fund was the name of the fund. In 2015, the Central
Victim Compensation Fund (CVCF)26 was created. Even the idea of establishing "One Stop
Centres" run by the centre in each state was suggested. Through these centres, the Ministry
of Women and Child Development will offer medical and legal assistance.27
Even while every state has fulfilled the requirement by creating a compensation plan,
the question of how widely used these plans remains. How effective are they? How widely
used are these programmes? Examine the data from 2018 to 2019 provided by the National
Legal Services Authority, which illustrates how well the general population is aware of
these programmes and uses them.
Compensatory Jurisprudence evolved by the Judiciary
The first landmark judgment where compensation to the victim was ordered by the
Madras High Court and upheld with some modifications by the Supreme Court of India
was Palaniappa Gounder v. State of Tamil Nadu28.
New Provision for Victim Compensation
It appears that to overcome the situation, a new section 357A29 Code of Criminal
Procedure was added to the Code of Criminal Procedure by an amendment in the year
2009. This was a much-needed relief to the victims of offenses. The scheme contained in
the section is indeed a progressive measure to ameliorate the woes of crime victims and

26
Central victim compensation scheme, can be accessed at http://uphome.gov.in/writereaddata/
Portal/Images/CVCF. Pdf.
27
Id.
28
AIR 1977 SC 1323
29
Section 357-A 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 dependants who have suffered loss or injury as a result of the crime and who require
rehabilitation. (2) Whenever recommendation is made by the Court for compensation, the District Legal
Services Authority or the State Legal Services Authority, as the case may be, shall decide the quantum of
compensation to be awarded. (3) If the trial court, at the conclusion of 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 victims
or his dependents may make an application to the State or the District Legal Services Authority for the award
of compensation. (5) On receipt of such recommendation or on the receipt of application under sub-section
(4), the State or the District Legal Services Authority shall, after due enquiry, award adequate compensation
after completing the enquiry within 2 months. (6) The said authority, 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 police officer not below the rank of officer in charge of the police station or a magistrate of the
area concerned, or any other interim relief as the authority may deem fit.”

90
provide them with restorative justice. The Code also provides compensatory relief to
victims of unlawful arrest or detention by police without

NATIONAL LEGAL SERVICES AUTHORITY

Statistical Information In R/O Victim Compensation Scheme U/S 357-A Cr. P. C during the period
from April 2021 to March 2022
Sl.No. SLSA Applications Applications/ Applications received Application Applications Compensation
receiveddirectly by orders including Court sDecided Pending Awarded
Legal Service marked/directed Orders (A+B) (in Rs.)
Institutions (A) by any Court (B)

1 Andaman & 1 5 6 0 0 0
Nicobar
Islands
2 Andhra Pradesh 16 61 77 62 44 8635000
3 Arunachal Pradesh 20 22 42 4 7 1750000
4 Assam 314 206 520 664 676 199213000
5 Bihar 522 480 1002 785 348 114161500
6 Chhattisgarh 1322 873 2195 1253 1267 183831795
7 Dadra & Nagar 3 2 5 4 0 1150000
Haveli
8 Daman & Diu 0 0 0 0 0 0
9 Delhi 848 1573 2421 2275 1125 423963586
10 Goa 42 20 62 34 2 250000
11 Gujarat 645 543 1188 1684 707 148212286
12 Haryana 47 356 403 364 69 113575000
13 Himachal Pradesh 56 47 103 62 17 11125000
14 Jammu & Kashmir 107 40 147 24 4 5350000
15 Jharkhand 205 361 566 672 1026 122786201
16 Karnataka 150 347 497 1309 805 30131000
17 Kerala 307 253 560 139 123 41217912
18 Lakshadweep 0 0 0 0 0 0
19 Madhya Pradesh 258 801 1059 1050 486 93489300
20 Maharashtra 146 81 227 246 210 29068500
21 Manipur 0 24 24 9 20 0
22 Meghalaya 95 63 158 75 23 12524000
23 Mizoram 41 209 250 12 38 3150000
24 Nagaland 34 0 34 37 26 10077000
25 Odisha 1497 401 1898 1333 2449 240241000
26 Puducherry 0 11 11 0 0 3600000

91
 27 Punjab 324 258 582 485 333 85557500
28 Rajasthan 818 699 1517 1818 370 231745500
29 Sikkim 0 56 56 56 0 5925000
30 Tamil Nadu 504 117 621 194 954 22953346
31 Telangana 10 92 102 69 60 8770000
32 Tripura 45 8 53 42 41 11450000
33 U.T. Chandigarh 7 20 27 17 43 2400000
34 Uttar Pradesh 103 0 103 103 0 14905000
35 Uttarakhand 24 86 110 46 84 10454000
36 West Bengal 204 152 356 246 38 27085000
37 Ladakh 0 0 0 0 0 0
Grand Total 8715 8267 16982 15173 11395 2218747426

sufficient cause.30 Where an accused is convicted of a non-cognizable offence on a

complaint, the court may order him to pay costs to the complainant or in default, suffer
simple imprisonment for a period not exceeding thirty days.31
Even while every state has fulfilled the requirement by creating a compensation
plan, the question of how widely used these plans remains. How effective are they? How
widely used are these programmes? Examine the data from 2021 to 2022 provided by the
National Legal Services Authority, which illustrates how well the general population is
aware of these programmes and uses them.
Source: National legal services authority data – the year 2021 to 202232
The data shows that while some states like Delhi and Chhattisgarh have filed more
applications under the victim compensation scheme and states like Uttar Pradesh, Andhra
Pradesh and Arunachal Pradesh have surprisingly had low numbers of applications even
though they have high crime rates. Seven sister states have also less no of applications filed
under the victim compensation scheme. Even though there has been a shift from the
complete absence of such schemes to moving onto creating a scheme but there is still a
huge difference between the actual convictions and the number of applications received in
a state for such compensation, which means that a lot of deserving victims go on without

30
Code of Criminal Procedure, 1973(Act 2 of 1974), S.358 (1).
31
Id. Section 359
32
NSA statistical archives, can be accessed at https://nalsa.gov.in/statistics/r-o-victim-compensation-
schemes-april-2021-to-march-2022

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aid from the state. Even though the scheme is a great effort to help out victims, there is still
much divergence on the amount to be given and eligibility criteria by these states.
Analysis of State Compensation Schemes
Nowadays, victim compensation programmes exist in almost all states. The
amounts offered by these plans are frequently significantly different from one another, and
each state has independently notified its system. These programmes served primarily as a
vehicle to ensure that payments to all victims could be made in a more organised and
institutionalised way. The VCS is relevant even in situations where there is no
compensation required, either as a result of an acquittal or because the accused is unable
to pay a specific amount. In situations of gang rape (Section 376D of the Indian Penal
Code) and acid attack (Section 326B of the Indian Penal Code), to name a few, these
amounts of compensation may also be made on the court's suggestion. The department also
seeks to meet the victims' other requirements, such as their need for medical assistance.
charging proceedings, etc.
There is disagreement on whether or not the legal heirs are eligible to receive
benefits under the plan. The case of M/s Tata Steel Ltd. v. M/s Atma Tube Products was
decided by the Punjab and Haryana high court.33 Found that individuals who have suffered
a direct impact are the only individuals who qualify as legal heirs; however, the Delhi High
Court reached a different conclusion in the case of Chattar Singh vs. Subhash and Ors...34
Most compensation schemes do not specify what exactly is covered by
compensation, for instance when the phrase "Rehabilitation" is used. Following a quick
review of the VCS of 12 states, it has been determined what it can and cannot include at
the discretion of the DSLA. The implementation authority at large remains to be the District
Legal Services Authority. The State Legal Services Authority has also been tasked with
implementing some schemes, such as the Assam Victim Compensation Scheme from 2012,
the Delhi Victim Compensation Scheme from 2015, the Madhya Pradesh Victim
Compensation Scheme from 2015, and the Gujarat Victim Compensation Scheme from
2015.35

33
2013 (1) ILR 719 (P&H)
34
176 (2011) DLT 356
35
Dube, D. ‘Victim Compensation schemes in India: An Analysis’ 342, International Journal of Criminal
Justice Sciences 13 (1): 339–355 (2018)

93
 There is typically no entity in charge of a monitoring or regulating how the victim
compensation programme is run in most states. Not all states have a unique complex
mechanism to guarantee the proper operation of the system. For instance, the state law
department in Bihar36 is in charge of overseeing the operation of this system, whereas in
Madhya Pradesh37 two-level departments—the State level committee and the District level
committee—have been established under the state's home department to monitor the
implementation of such a scheme.
Eligibility: Typically, the prerequisite mentions a "serious" injury that makes the person
genuinely deserving of getting outside assistance from the state. For instance, the damage
must be "substantial" and considerable in the cases of the Goa plan, Odisha scheme, and
Assam system, to name a few. According to cl.7 (b) of the Odisha Victim compensation
scheme, the requirements in Odisha include any person who will find it impossible to
continue and begin their life without compensation and if their dignity has been
compromised.38 The requirements differ by jurisdiction as well since some states specify a
minimum financial threshold for determining the extent or sum that must be paid to the
victim.39
Limitation: The length of the limitation period truly differs from state to state. The limiting
period for each state must be specified in the actual scheme. As a set limitation period, this
term is often between six months and one year, but it may even be longer—up to three
years—as in the case of the Gujarat compensation plan.40
Amount of compensation – There is no consensus regarding the quantum of
compensation which every state government may give. This question was explored in
entirety by the Supreme Court in the case of Tekan Alias Tekram v. State of Madhya
Pradesh,41 where the court found the VCs of the state of Chattisgarh to be dissatisfactory

36
Bihar victim compensation scheme, can be accessed at http://bslsa.bih.nic.in/schemes.html
37
Madhya Pradesh crime victim compensation scheme, can be accessed at http://home.mp.gov.in/en/victim-
compensation-scheme-2015
38
Odisha Victim compensation scheme, 2019 can be accessed at https://www.homeodisha.gov.in/odisha-
victim
39
Madhya Pradesh crime victim compensation scheme, can be accessed at http://home.mp.gov.in/en/victim-
compensation-scheme-2015
40
Gujarat victim compensation scheme, 2019 can be accessed at https://home.gujarat.gov.in/
Upload/GUJARAT_ VICTIM_COMPENSATION_SCHEME-2019_300519.pdf
41
2016 SCC Online SC 131

94
and hence proceeded to examine the schemes of other states with regards to victim
compensation in the case of rapes.
The court has stated the following –
“Perusal of the aforesaid victim compensation schemes of different States and the Union
Territories, it is clear that no uniform practice is being followed in providing compensation
to the rape victim for the offence and her rehabilitation. This practice of giving different
amounts ranging from Rs.20,000/- to Rs.10,00,000/- as compensation for the offence of
rape under Section 357A needs to be introspected by all the States and the Union
Territories. They should consider and formulate a uniform scheme specially for the rape
victims in the light of the scheme framed in the State of Goa which has decided to give
compensation up to Rs.10,00,000/-.”
The court further went on to issue the following directions –
“All the States and Union Territories shall make all endeavour to formulate a uniform
scheme for providing victim compensation in respect of rape/sexual exploitation with the
physically handicapped women as required under the law taking into consideration the
scheme framed by the State of Goa for rape victim compensation.”
It is clear that while the court agreed that no amount of compensation can truly
restore the dignity and respect of the individual, this aid is crucial in the aftermath and
recovery as the victim tries to ease back into a normal existence.42
Suggestions
After making a comparative analysis, it can be seen in the last decades the scenario of
victim compensation has changed drastically. If we compare other countries' positions with
India we can see that other countries are more developed to improve India’s stand there are
some suggestions given below:
1. In India, there is a need for extensive legislation on victim compensation.
2. As the upcoming concepts in America such as a statement of victim compensation help
in increasing the contribution of the victim. Such concepts are required in India to
increase the involvement of victims in the justice system.

42
Supra Note 41

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3. The statement for victim impact would contain: i) The bodily, psychological or
emotional impact of the crime. ii) It would cover the loss done to the family such as
guardians and caretakers. iii) The need for restoration.
4. India should adopt other significant measures to provide compensation as a statutory
right and a special provision that mandates judges to record the reason for not providing
compensation.
5. Funds created by the state for victim assistance can be taken as ready for anytime relief
which can further prevent victimization.
6. The basis American system acts like a victim of crime should be built to assist in
“victim assistance efforts” or “state victim compensation programs” it provides
subsidies etc. it is a good step that India should adopt.

Conclusion
Victim compensation in India is still the vanishing point of our criminal law. The
remedies currently available under the law are limited, fragmented, uncoordinated and
reactive. This is the lacunae in the system, which must be remedied by Comprehensive
Law by the legislature. Nevertheless, the criminal justice system has changed its ambit and
the legislatures and judges have been playing a significant role in the expansion of the
rights of victims of crime in the criminal justice administration of the country, yet the
victims have not received their due concern and their rights have not been given their due
weightage. Victims have few legal rights to be informed, present and heard within the
criminal justice system. But regrettably, victims do not have to be notified of court
proceedings or the arrest or release of the defendant, they have no right to attend the trial
or other proceedings, and they have no right to make a statement to the court at sentencing
or other hearings. Further, the coordination between the various limbs of justice i.e., the
courts, the police, the DLSA and the State Legal Services Authority must be streamlined.
Each instrument must inform and assist the victim in realizing compensation.
The scheme has been issued both throughout the drafting and execution phases. The
data's reflection of the relatively small number of victims who obtained compensation
speaks volumes in and of itself. Plans are useless if they ultimately end up doing more harm
than good to the populace due to ignorance. The court or authority should also be required

96
 to disseminate information about this plan. According to the data, the coordination between
the courts and the legal services body that is supposed to ensure these compensations does
not appear to be effective. There is no national homogeneity in the drafting of the system.
The sum that must be compensated to victims varies greatly between states. It must be
understood that there is no way to standardise the cost of victim rehabilitation across the
nation because housing costs, living expenses, and other factors vary from region to region,
district to district, and state to state. These expenses, however, can be viewed as in addition
to the significant award made especially for the crime committed. The District legal
services authority needs to work with the state in coordination to make sure that victims
receive a proper budget allocation while keeping in mind all of these concerns. Victims
may originate from very poor backgrounds and may need ongoing government assistance
or medical care. News reports have detailed the first-hand accounts of numerous acid attack
victims who were unable to successfully apply for the programme.43 Stories of victims who
were unable to afford even basic services like burials or medical care. 44 In addition, there
is no uniformity in the qualifying requirements that determine who is and is not eligible for
compensation, and there is no clarity in the standards to be applied to divide these sums
among the victims. No oversight or monitoring organisation expressly controls these
DSLA functions. Numerous questions have also been made regarding the inadequate sums
given to these victims and whether its magnitude is adequate to adequately rehabilitate a
victim into society, if not entirely. In summary, this system is still in its early phases and
needs to be improved to become truly effective and accessible to all victims. It is opaque
in many aspects.

43
Harsha Raj Gatty, ‘Supreme Court ruling on financial aid not enough, say acid-attack victims’, July 23,
2013 at 1:21, https://www.deccanherald.com/city/supreme-court-ruling-on-financial-aid-not-enough-say-
acid-attack-victims-336650. html
44
PTI, ‘Acid attack victim loses battle for life, father writes to Nitish Kumar to ask for financial aid for last
rites’, July 02, 2017, can be accessed at https://www.firstpost.com/india/acid-attack-victims-father-writes-to-
nitish-kumar-asks-for-financial-aid-for-her-last-rites-3767901.html

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