PROJECT REPORT ON-

VICTIMOLOGY: ITS NATURE AND

SCOPE

PROJECT SUBMITTED TO-

MR. ANINDHYA TIWARI
(FACULTY OF LAW & JUSTICE IN THE GLOBALIZING WORLD)

PROJECT SUBMITTED BY-

SHOAIB ALVI
ID – MU20LLM1Y001
STREAM – LL.M. (1 Year)
SEMESTER – I

MATS UNIVERSITY, RAIPUR

1
 Table of Contents

TABLE OF CASES…………………………………………..……3
Chapter 1- INTRODUCTION……………………………….…….4
Chapter 2-RIGHTS OF VICTIM IN THE ………………………….….7
INDIAN CRIMINAL JUSTCE SYSTEM
Chapter 3- NALSA’s REPORT FOR COMPENSATION…………………....13

TO VICTIMS/SURVIVORS OF SEXUAL
ASSAULT/OTHER CRIMES 2018
Chapter 4- PROCEDURE FOR MAKING ………………………….……….16

APPLICATION BEFORE THE SLSA OR DLSA

Chapter 5- SCHEDULE APPLICABLE TO WOMEN……………….……...20

VICTIM OF CRIMES
Chapter 6- CONCLUSION………………………………………..26
BIBLIOGRAPHY…………………………………………………27

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 TABLE OF CASES

1. Delhi Domestic Working Women’s Forum versusUnionof India1995(1) S.C.C.14

2. P. S. R. SadhananthamversusArunachalam 1980 (3) S.C.C.141
3. R. Gandhi versus Union of India. A, I,R, 1989. MAD205
4. Sri LakshmiAgenciesversusGovernment ofAndhraPradesh 1 994(1) ANDH L.T341
5. GudalureM.J.Cherianversus Union ofIndia. (1992) 1 SCC 397
6. State of Gujarat versusHon’ble High Courtof Gujarat24 September,1998
7. Rudul Shah v. State of Bihar 2018 (4) S.C.C.141
8. Mrs. Nalini Bhanotv.Commissioner ofPolice,Delhi Police 1990 A.I.R.513
9. Puranv.RambilasAIR 2001 SC2023
10. P. Rathinamv.State1994 AIR1844
11. The State Of Gujarat vs JiteshbhaiBabubhaiSolanki10 May,2018
12. State of Chhattisgarh vsDilipVerma26 April,2017
13. Bihari PalvsState14 March,2018
14. Ankush Shivaji Gaikwad vs StateOfMaharashtra3 May,2013

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 CHAPTER 1- INTRODUCTION

During ancient times, victims had many rights and they used to play a crucial role in the criminal
justice system. This was true during the reign of Hindu kings as well as the Muslim Period. Even
though their system of criminal trial and punishment was harsh and, in many cases, absolutely
barbaric (for instance, trial by ordeals), the main aim was to impart justice to the victims. However,
with the emergence of the ‘adversarial system of justice’, the plight of the victims became worse
and they became forgotten people except for their minor role in the criminal justice system as a
prosecution witness. It was believed that the claim of the victim was sufficiently satisfied by the
conviction and sentencing of the offender. This assumption is neither fair nor just. Justice demands
that when society and the State are resorting to every possible measure of correction and
rehabilitation of offenders, equal concern must be shown for the victims by at least providing
compensation to them for their loss, agony, physical and mentaltorture.1
It thus became important to gain knowledge about victims of crime, the struggles faced by such
people in coping with the adverse effects of a criminal act, and how could the Justice System
compensate and rehabilitate such victims.
Meaning of Victimology:

Victimology is science of study of the relationship between victims and violators or offenders
of law2 Government has recently reinforced this political commitment in the form of funds for
the National Association of Victim Support Scheme.(NAVSS)
The definition of the victimology may be concluded in the following elements:

1. It is a Scientific study of suffering due tocrime.

2. It studies the relationship between sufferer and author of thecrime.

3. The victim of the crime shall be entitled for the compensation or taken careof.

4. It formulates the methods to determine compensation for the crimevictim.

1
Bihari Pal vs State 14 March, 2018
2
Ankush Shivaji Gaikwad vs State of Maharashtra 3 May, 2013

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 5. It also provides remedies to the victim if compensation is notpaid.

The study of victims or victimology is a relatively new field of academic research. Until few
decades ago it would have been difficult to have found any criminological agency (official,
professional, voluntary or other) or research group working in the field of victims of crime, or
which considered crime victims as having any central relevance to the subject apart from being a
sad product of the activity under study, i.e.,criminality.

Victimology has from its inception adopted an interdisciplinary approach to its subject matter.
The purpose of the study of victimology is:
 To enhance our understanding regarding victims and impact of crime onthem.

 To analyze the magnitude of the victim’sproblem

 To explain causes of victimization,and

 To develop a system of measures to reducevictimization

Concept of Victim
The UN Convention on Justice and Support for Victims of Crime and Abuse of Power defines
the victims in Article 1 as:

“(1) ‘Victims’ means natural persons who, individually or collectively, have suffered harm,
including physical or mental injury, emotional suffering or economic loss or violations of
fundamental rights in relation to victimizations identified under ‘scope’.
(2) A person is a victim regardless of whether the crime is reported to the police, regardless of
whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the
familial relationship between the perpetrator and victim. The term ‘victim’ also includes, where
appropriate, the immediate family or dependents of the direct victims and persons who have
suffered in intervening to assist victims in distress or to preventvictimization.”
In Section 2 (wa) of the Code of Criminal Procedure, 1973, “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 legalheir.
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Classification of Victim:
(i) PrimaryVictim–

Any person, group or entity who has suffered injury, harm or loss due to illegal activity of
someone is called a primary victim. The harm may be physical, psychological or financial.
(ii) SecondaryVictim–

There may also be secondary victim who suffer injury or harm as a result of injury or harm to
the primary victim.
(iii) TertiaryVictim–

Tertiary victim is those who experience harm or injury due to the criminal act of the offender.
He is another person besides the immediate victim, who is victimized as a result of the
perpetrator’s action. Example, in case of rape, the woman raped is the primary victim, while a
child, if born out of such rape, is the secondary victim because he/she suffers from lack of
paternity. But the general shame and disgrace which the entire family of the raped victim has
to suffer at the hands of the society and the system makes them tertiary victims. However, it
cannot be assumed that secondary and tertiary victims are less traumatized than the primary
victims

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 CHAPTER 2- RIGHTS OF VICTIM IN THE INDIAN
CRIMINAL JUSTCE SYSTEM

The adoption by the General Assembly of the United Nations, at its 96th plenary on
November 29, 1985 of the Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power (hereafter U. N. Declaration) constituted an important recognition of the need
to set norms and minimum standards in international law for the protection of victims of
crime. The U. N. Declaration recognized four major components of the rights of victims of
crime–

a) access to justice and fairtreatment,

b) restitution,
c) compensationand
d) assistance.
Through this project I, have tried to examine how far the prevailing legal framework in India
conforms to the norms and standards that were sought to be set by the U. N. Declaration nearly
two decades ago.

(A) ACCESS TO JUSTICE AND FAIR TREATMENT

The victim of a crime sets the criminal justice mechanism in motion by giving information to
the police which is expected to reduce it to writing. The victim as an informant is entitled to a
copy of the F.I.R. “forthwith, free of cost”. Where the officer in charge of a police station
refuses to act upon such information, the victim can write to the Superintendent of the Police
who is then expected to direct investigation into the complaint. Failing these mechanisms, the
victim can give a complaint to a Magistrate, who will in turn examine the complainant on oath
and enquireintothe case or direct investigation by the police before taking cognizance. The
victim thereafter does not participate in the investigation except by being
calledtoconfirmtheidentityoftheaccusedorthematerialobjects,ifany,recoveredduring the course
of investigation.

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 The position of victims who happen to be women or children has not merited the attention it
deserves in the procedural statute. The protection under Section 160 Criminal Procedure Code
states that “no male person under the age of 15 years or women shall be required to attend any
place other than the place in which such male person or woman resides does not apply to a
woman or a child who is picked up as a suspect. The plight of rape victims is compounded by
their being held in ‘protective custody’ in jails or in the nariniketans (women’s shelters), on
the pretext that they are required for giving evidence although such detention has no
legalbasis.
The law’s response to the needs of victims of rape and other violent crimes against women
has been both predictable and inadequate. In imposing severe and minimum punishments for
the offence and in shifting the burden of proof, the law fails to address the needs of the victim
to be treated with dignity, to sustained protection from intimidation, to readily access the
justice mechanisms, to legal aid and to rehabilitation. There is yet no provision in the law
mandating ‘in- camera’ trials particularly when the victim is a child. There is also no statutory
scheme recognizing the rehabilitative needs of the victims of rape. The legislative and
executive apathy to the problem stands in contrast with the response of the Supreme Court in
Delhi Domestic Working Women’s Forum Versus Union ofIndia.3
The case arose out of an incident in which six women, working as domestic servants in Delhi,
were raped by eight army personnel in a moving train between Ranchi and Delhi. The
members of the petitioner forum, when prevented by the employers from meeting the victims,
sought the court’s directions for expeditious and impartial investigation of the offences. The
court indicated the following ‘broad parameters for assisting the victims of rape’-
The complainants in sexual assault cases had to be provided with legal representation. It was
important to have someone well acquainted with the criminal justice system. The role of the
victim’s advocate would not only be to explain to the victim the nature of the proceedings, to
prepare her for the case and to assist her in the police station and in court but to provide her
with guidance as to how she might obtain help of a different nature from other agencies, for
3
1995(1) S.C.C. 14
8
example, mind counseling or medical assistance. Itwas important to secure continuity of
assistance by ensuring that the same person who looked after the complainant’s interests in
the police station represented her till the end of the case.

Legal assistance would have to be provided at the police station since the victim of sexual
assault might very well be in a distressed state upon arrival at the police station, the guidance
and support of a lawyer at this stage and whilst she was being questioned would be of great
assistance to her. The police was under a duty to inform the victim of her right to
representation before any questions were asked of her and the police report should state that
the victim was soinformed.
A list of advocates willing to act in these cases should be kept at the police station for victims
who did not have a particular lawyer in mind or whose own lawyer was unavailable. An
advocate would be appointed by the court, upon application by the police at the earliest
convenient moment, but in order to ensure that victims were questioned without undue delay,
advocates would be authorized to act at the police station before leave of the court was sought
orobtained.
The victim has a say in the grant of bail to an accused, Section 439 (2) Criminal Procedure
Code, as interpreted by the courts, recognizes the right of the complainant or any ‘aggrieved
party’ to move the High Court or the court of Sessions for cancellation of a bail granted to the
accused. A closure report by the prosecution cannot be accepted by the court without hearing
the informant. Also, compounding of an offence cannot possibly happen without the
participation of the complainant.
While the victim of a crime may move the government to appoint a special prosecutor for a
given case, there is no scope under the Criminal Procedure Code for the victim or informant
or her lawyer to directly participate in the trial. Section 301 (2) Criminal Procedure Code
mandates that such lawyer of the private party ‘shall act under the directions of the Public
Prosecutor -- and may, with the permission of the court, submit written arguments after the
evidence is closed in the case’. Further, though there is no provision in the Criminal
Procedure Code for providing legal aid to the victim of a crime, Section 12 (1) of the Legal
Services Authorities Act, 1987 (L.S.A.A.) entitles every person ‘who has to file; or defend a
case’ to legal services. A victim of crime has a right to legal assistance at every stage of the

9
case subject to the fulfillment of the means test and the ‘prima facie case’criteria

10
The Criminal Procedure Code also does not effectively address the growing menace of
intimidation of victims of witnesses during the pendency of trial at the instance of the
accused and other vested interests. Even the few provisions that exist are not creatively used
for meeting the challenge. Recently the Supreme Court took judicial notice of the act that ‘the
conviction rate has gone down to 39.6% and the trials in most of the sensational cases do not
start tillthewitnesses are won over. One response is to get the court trying the case to
hold sittings in camera or shift the venue of the trial to a safer place in the interests of
ensuring a fair trial. The other, and a less frequently invoked option, is to seek a transfer of
the trial to another state by petitioning the Supreme Court under Section 406 Criminal
Procedure Code. The victim’s right of participation in the post-trial stage of the proceedings
stands on a better footing. An appeal against an order of acquittal can be preferred, with the
prior leave of the High Court, by both the State Government and the complainant. The right
of a victims near relative, who was not a party to the proceedings, to file a Special Leave
Petition under Article 136 of the Constitution in the Supreme Court challenging an order of
acquittal by the High Court was expressly recognized by a Constitution Bench in P. S. R.
Sadhanantham Versus Arunachalam4. Telescoping the requirement of fair procedure implicit
in Article 21 into Article 136, the court declared, “When a motion is made for leave to appeal
against an acquittal, thiscourtappreciatesthe gravity of the peril to personal liberty involved in
that proceeding. It is fair toassumethatwhile considering the petition under Article 136 the
court will pay attention to the question of liberty, the person who seeks such leave from the
court, his motive and his locus standi and the weighty factors which persuade the court to
grant specialleave.

(B) RESTITUTION

The right of a victim of crime to restitution has not yet merited statutory recognition. IN this
area, the constitutional courts have been inclined to examine the plea of victims for redressal
of the losses suffered during violent incidents including riots and caste clashes. The
principle that is evoked is that of ‘culpable inaction’ under which the State and its agencies
are expected to anticipate the losses or damage to public and private property in certain
situations over which the potential victims have nocontrol.

The courts have gone as far as to find the State liable only where a definite failure on its part
act has resulted in the loss. The outbreak of riots in the wake of the assassination of the
4
1980 (3) S.C.C. 141
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Prime Minister in October, 1984, resulted in large scale damage to the properties of
members of the Sikh Community in several places of the country 5. In R. Gandhi Versus
Union of India6, the Madras High Court, acting on the report of a commissioner appointed
by it to assess the losses, directed payment of varying amounts of compensation for the
losses to property of the Sikh Community in Coimbatore. However, in Sri Lakshmi Agencies
Versus Government of Andhra Pradesh7, the Andhra Pradesh High Court declined to accept
the prayer for compensation to the loss of life, injury, destruction and loss of property as a
result of the violence that followed the murder of a sitting member of the legislative
assembly. The court explained that, “it is only when the officers of the State do any act
positively or fail to act as contemplated under law leading to culpable inaction, that the State
is liable to pay the damages. There should be a direct nexus for the damage suffered on
account of State action and if that is absent. Article 21 of the Indian Constitution is totally
inapplicable”. This is a still evolving area in which the courts are seen to be
treadingcautiously.

(C) COMPENSATION AND ASSISTANCE

The right of a victim of crime to receive compensation was recognized even under the Code
of Criminal Procedure, 1898 but was available only where a substantive sentence of fine was
imposed and was limited to the amount of fine actually realized, Section 357 (3), Criminal
Procedure Code, 1973 permits the grant of compensation even where the accused is not
sentenced to fine. However, this provision is invoked sparingly and inconsistently by
thecourts.
The 152nd Report of the Law Commission had recommended the introduction of Section
367-A prescribing inter alia that compensation be awarded at the time of sentencing to the
victims of the crime - Rs. 25,000/- in the case of bodily injury, not resulting in death, Rs.
1,00,000/- in the case of death.
The 154th Report of the Law Commission of India noticed that its earlier recommendation
had still not been given effect to by the government. It went one step further and
recommended that it was necessary to incorporate ‘a new Section 367-A in the Code to
provide for a comprehensive scheme of payment of compensation for all victims fairly and

5
The State Of Gujarat vs Jiteshbhai Babubhai Solanki 10 May, 2018
6
A,I,R, 1989. MAD 205
7
1994(1) ANDH L.T 341
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 adequately by the Courts.8
Absent a viable, effective statutory regime for compensation, the courts in their
constitutional law jurisdiction have had to forge new tools to give effect to the right of
victims of crime to be compensated. In the Delhi Domestic Working Women Forum Case,
thecourtdirectedpaymentofRs.10,000/-asexgratiatoeachofthevictims.InGudalure
M. J. Cherian Versus Union of India9, the State of Uttar Pradesh was directed to pay a sum
of Rs. 2,50,000/- as compensation to two States on whom rape had been committed by
unidentified assailants. The question of payment of compensation to victims of crime from
the vase of prison Labour came up for consideration in State of Gujarat Versus Hon’ble
High Court of Gujarat.10 The court recommended that the State should make a law ‘for
setting apart a portion of the wages earned by the prisoners to be paid as compensation to
deserving victims of the offence, the commission of which entailed the sentence of
imprisonment to the prisoner, either directly or through a common fund to be created for this
purpose or in another feasiblemode’.

8
State Of Chhattisgarh vs Dilip Verma 26 April, 2017
9
(1992) 1 SCC 397,
10
24 September, 1998
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 CHAPTER 3- NALSA’s REPORT FOR COMPENSATION TO
VICTIMS/SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES 2018

Hon’ble Supreme Court of India in W.P. (C) No. 565/2012 titled Nipun Saxena Vs. Union
of India opined that “it would be appropriate if NALSA sets up a Committee of about 4 or
5 persons who can prepare Model Rules for Victim Compensation for sexual offences and
acid attacks taking into account the submissions made by the learned Amicus. The
learned Amicus as well as the learned Solicitor General have offered to assist the
Committee as and when required. The Chairperson or the nominee of the Chairperson of
the National Commission for Women should be associated with theCommittee.”

In view of the above, NALSA set up a committee consisting of the following members for
preparation of Model Scheme:

Ms. Pinky Anand

Additional SolicitorGeneral

Shri Rakesh Srivastava

Secretary, Ministry of Women and Child Development,
Government of India

Shri T.V.S. N. Prasad

Additional Secretary, Ministry of Home Affairs,
Government of India

Ms. Indira Jaising,

Senior Advocate, Supreme Court of India

Shri Alok Agarwal

Member Secretary, NALSA

The Committee held rounds of meetings and it was decided to prepare a separate
“Chapter” or a “Sub-Scheme” within the existing Victim Compensation Scheme for
victims of sexual assault.

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The Committee drafted Part – II of the Victims Compensation Scheme and invited
suggestions/comments from various stakeholders on the draft. Taking into consideration the
suggestions/comments, the Committee has finalized the Compensation Scheme for women
Victims/Survivors of Sexual Assault/other Crimes and submitted the same before the

Hon’ble Supreme Court of India on 24.04.2018.

Submissions were made before the Hon’ble Bench and other stakeholders were also heard
on 10.05.2018. Additional suggestions received during the hearing were also incorporated
and final Scheme was filed before the Hon’ble Supreme Court of India on 11.05.2018. On
this day, after hearing NALSA and Ld. Amicus Curiae, Hon’ble Bench was pleased to
accept this Scheme and directed all the State Governments/UT Administrations to
implement the same in their respective States/UTs.

WOMEN VICTIMS COMPENSATION FUND

There shall be a Fund, namely, the Women Victims Compensation Fund from which the
amountofcompensation,asdecidedbytheStateLegalServicesAuthorityorDistrictLegal
Services Authority, shall be paid to the women victim or her dependent(s) who have
suffered loss or injury as a result of an offence and who requirerehabilitation.

The ‘Women Victims Compensation Fund’ shall comprise the following: -

(a) Contribution received from CVCF Scheme,2015.
(b) Budgetary allocation in the shape of Grants-in-aid to SLSA for which necessary
provision shall be made in the Annual Budget by theGovernment;
(c) Any cost amount ordered by Civil/Criminal Tribunal to be deposited in thisFund.
(d) Amountofcompensationrecoveredfromthewrongdoer/accusedunderclause 14
of theScheme;
(e) Donations/contributions from International/ National/ Philanthropist/ Charitable
Institutions/ Organizations and individuals permitted by State or Central
Government.
(f) Contributions from companies under CSR (Corporate Social Responsibility)
The said Fund is operated by the State Legal Services Authority(SLSA).

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ELIGIBILITY FOR COMPENSATION –

A woman victim or her dependent (s) as the case may be, shall be eligible for grant of
compensation from multiple schemes applicable to her. However, the compensation
received by her in the other schemes with regard to Section 357-B Cr.P.C., shall be taken
into account while deciding the quantum in the such subsequent application

PROCEDURE FOR MAKING APPLICATION BEFORE THE SLSA OR DLSA

Mandatory Reporting of FIRs: - SHO/SP/DCP shall mandatorily share soft/hard copy of FIR
immediately after its registration with State Legal Services Authority/District Legal Services
Authority qua commission of offences covered in this Scheme which include Sections
326A, 354A to 354D, 376A to 376E, 304B, 498A (in case of physical injury covered in this
Schedule), so that the SLSA/DLSA can, in deserving cases, may suo-moto initiate
preliminary verification of facts for the purpose of grant of interimcompensation.

An application for the award of interim/ final compensation can be filed by the Victim
and/or her Dependents or the SHO of the area before concerned SLSA or DLSA. It shall be
submitted in Form ‘I’ along with a copy of the First Information Report (FIR) or criminal
complaint of which cognizance is taken by the Court and if available Medical Report, Death
Certificate, wherever applicable, copy of judgment/ recommendation of court if the trial is
over.

RELIEFS THAT MAY BE AWARDED BY THE STATE ORDISTRICT LEGAL

SERVICES AUTHORITY. –

The SLSA or DLSA may award compensation to the victim or her dependents to the
extent as specified in the scheduled attached hereto.

FACTORS TO BE CONSIDERED WHILE AWARDINGCOMPENSATION –

While deciding a matter, the State Legal Services Authority/District Legal Services
Authority may take into consideration the following factors relating to the loss or injury
suffered by the victim:

(1) Gravity of the offence and severity of mental or physical harm or injury sufferedby

16 | P a g e
 the victim;

(2) Expenditure incurred or likely to be incurred on the medical treatment for physical
and/or mental health including counselling of the victim, funeral, travelling during
investigation/ inquiry/ trial (other than diet money);

(3) Loss of educational opportunity as a consequence of the offence, including absence

from school/college due to mental trauma, bodily injury, medical treatment,
investigation and trial of the offence, or any otherreason.

(4) The relationship of the victim to the offender, ifany;

(5) Whether the abuse was a single isolated incidence or whether the abuse took place
over a period oftime;

(6) Whether victim became pregnant as a result of the offence, whether she had to
undergo Medical Termination of Pregnancy (MTP)/ give birth to a child, including
rehabilitation needs of such child;

(7) Whether the victim contracted a sexually transmitted disease (STD) as a result of
theoffence;

(8) Whether the victim contracted human immunodeficiency virus (HIV) as a result of
the offence;

(9) Any disability suffered by the victim as a result of theoffence;

(10) Financial condition of the victim against whom the offence has been
committed so as to determine her need for rehabilitation and re-integration needs
of thevictim.

(11) In case of death, the age of deceased, her monthly income, number of
dependents, life expectancy, future promotional/growth prospectsetc.

Or any other factor which the SLSA/DLSA may consider just andsufficient.

17 | P a g e
CHAPTER 4 - PROCEDURE FOR GRANT OF COMPENSATION

Wherever, a recommendation is made by the court for compensation under sub-sections

and/or (3) of Section 357A of the Code, or an application is made by any victim or her
dependent(s),undersub-section(4)ofSection357AoftheCode,totheStateLegalServices
Authority or District Legal Services Authority, for interim compensation it shall prima-
facie satisfy itself qua compensation needs and identity of the victim. As regards the final
compensation, it shall examine the case and verify the contents of the claim with respect to
the loss/injury and rehabilitation needs as a result of the crime and may also call for any
other relevant information necessary for deciding the claim.

Provided that in deserving cases and in all acid attack cases, at any time after commission of
the offence, Secretary, SLSA or Secretary, DLSA may suo moto or after preliminary
verification of the facts proceed to grant interim relief as may be required in the
circumstances of each case.

The inquiry as contemplated under sub-section (5) of Section 357A of the Code, shall be
completed expeditiously and the period in no case shall exceed beyond sixty days from the
receipt of the claim/petition or recommendation:

Provided that in cases of acid attack an amount of Rs. One lakh shall be paid to the victim
within 15
daysofthematterbeingbroughttothenoticeofDLSA.Theordergrantinginterimcompensationsha
ll be passed by DLSA within 7 days of the matter being brought to its notice and the SLSA
shall pay the compensation within 8 days of passing of the order. Thereafter, an amount of
Rs. 2 lakhs shall be paid to the victim as expeditiously as possible and positively within two
months of the first payment

Provided further that the victim may also be paid such further amount as is admissible
under this Scheme.

After consideration of the matter, the SLSA or DLSA, as the case may be, upon its
satisfaction, shall decide the quantum of compensation to be awarded to the victim or her
dependent(s) taking into account the factors enumerated in Clause 8 of the Scheme, as per
schedule appended to this chapter. However, in deserving cases, for reasons to be recorded,
the upper limit may be exceeded. Moreover, in case the victim is minor, the limit of
compensation shall be deemed to be 50% higher than the amount mentioned in the
Schedule appended to thischapter.

Victims of Acid attack are also entitled to additional compensation of Rs. 1 lac under Prime
Minister’s National Relief Fund vide memorandum no. 24013/94/Misc./2014-CSR-
III/GoI/MHA dated 09.11.2016(copy attached)

Victims of Acid Attack are also entitled to additional special financial assistance up to Rs. 5
lacs who need treatment expenses over and above the compensation paid by the respective
State/UTs in terms of Central Victim Compensation Fund Guidelines-2016, no.
24013/94/Misc/2014-CSR.III, MHA/GoI

Incasetrial/appellatecourtgivesfindingsthatthecriminalcomplaintandtheallegationwere false,
then Legal Services Authority may initiate proceedings for recovery of compensation, if
any, granted in part or full under this Scheme, before the Trial Court for its recovery as if it
were afine.

THE ORDER TO BE PLACED ON RECORD—

CopyoftheorderofinterimorfinalcompensationpassedunderthisSchemeshallbeplaced on
record of the trial Court so as to enable the trial Court to pass an appropriate order of
compensation under Section 357 of the Code. A true copy of the order shall be provided to
the IO in case the matter is pending investigation and also to the victim/dependent as the
case maybe.
METHOD OF DISBURSEMENT OF COMPENSATION—

The amount of compensation so awarded shall be disbursed by the SLSA by depositing the
same in a Bank in the joint or single name of the victim/dependent(s). In case the victim
does not have any bank account, the DLSA concern would facilitate opening of a bank
account in the name of the victim and in case the victim is a minor along with a guardian or
in case, minor is in a child care institution, the bank account shall be opened with the
Superintendent of the Institution as Guardian. However, in case the victim is a foreign
national or a refugee, the compensation can be disbursed by way of cash cards.
 CHAPTER 5- SCHEDULE APPLICABLE TO WOMEN VICTIM OF
CRIMES

Interim compensation shall be passed by the SLSA/DLSA within 7 days of the matter being
brought to its notice and the SLSA shall pay the compensation within 8 days of passing of order.
Thereafter an additional sum of Rs.2 lakhs shall be awarded and paid to the victim as
expeditiously as possible and positively within twomonths.

Interim amount shall be disbursed in full. However, as far as the final compensation amount is
concerned, 75% (seventy five percent) of the same shall be put in a fixed deposit for a minimum
period of three years and the remaining 25% (twenty five percent) shall be available for
utilization and initial expenses by the victim/dependent(s), as the case may be.

In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in
the fixed deposit account and shall be drawn only on attainment of the age of majority, but not
before three years of the deposit.

Provided that in exceptional cases, amounts may be withdrawn for educational or medical or other
pressing and urgent needs of the beneficiary at the discretion of the SLSA/ DLSA.

The interest on the sum, if lying in FDR form, shall be credited directly by the bank in the
savings account of the victim/dependent(s), on monthly basis which can be withdrawn by the
beneficiary.

INTERIM RELIEF TO THE VICTIM—

The State Legal Services Authority or District Legal Services Authority, as the case may be,
may order for immediate first-aid facility or medical benefits to be made available free of cost or
any other interim relief (including interim monetary compensation) as deemed appropriate, to
alleviate the suffering of the victim on the certificate of a police officer, not below the rank of
the officer-in- charge of the police station, or a Magistrate of the area concerned or on the
application of the victim/ dependents or suomoto. Provided that the, interim relief so granted
shall not be less than 25 per cent of the maximum compensation awardable as per schedule
applicable to this Chapter, which shall be paid to the victim in totality.

20 | P a g e
ProvidedfurtherthatincasesofacidattackasumofRs.Onelakhshallbepaidtothevictimwithin15 days
of the matter being brought to the notice of SLSA/DLSA.

S. No. Particulars of loss or Minimum Limit of Upper Limit of

injury Compensation compensation
1 Loss of Life Rs. 5 Lakh Rs. 10 Lakh

2 Gang Rape Rs. 5 Lakh Rs. 10 Lakh

3 Rape Rs. 4 Lakh Rs. 7 Lakh

4 Unnatural Sexual Assault Rs. 4 Lakh Rs. 7 Lakh

5 Loss of any Limb or part of Rs. 2 Lakh Rs. 5 Lakh

body resulting in 80%
permanent disability or
above

6 Loss of any Limb or part of Rs. 2 Lakh Rs. 4 Lakh

body resulting in 40% and
below 80% permanent
disability

7 Loss of any limb or part of Rs. 1 Lakh Rs. 3Lakh

body resulting in above
20% and below 40%
permanent disability

8 Loss of any limb or part of Rs. 1 Lakh Rs. 2 Lakh

body resulting in below
20% permanent disability

9 Grievous physical injury Rs. 1 Lakh Rs. 2 Lakh

or any mental injury
requiring rehabilitation

10 Loss of Foetus i.e. Rs. 2 Lakh Rs. 3 Lakh

Miscarriage as a result of
Assault or loss of fertility.

11 In case of pregnancy on Rs.3 Lakh Rs.4 Lakh

account of rape.
12 Victims of Burning:
a. In case of disfigurement Rs. 7 Lakh Rs. 8 Lakh
of case
21 | P a g e
 b. In case of more than 50% Rs. 5 Lakh Rs. 8 Lakh

c. In case of injury less than Rs. 3 Lakh Rs. 7 Lakh

50%
d. In case of less than 20% Rs. 2 Lakh Rs. 3 Lakh

13 Victims of Acid Attack-

a. In case of disfigurement Rs. 7 Lakh Rs. 8 Lakh
of face.
b. In case of injury more than Rs. 5 Lakh Rs. 8 Lakh
50%.
c. In case of injury less than Rs. 3 Lakh Rs. 5 Lakh
50%.
d. In case of injury less than Rs. 3 Lakh Rs. 4 Lakh
20%

22 | P a g e
AFFIRMATIVE ACTION BY THE HIGHER JUDICIARY

Restitution to Victims– Despite the absence of any special legislation to render justice to
victims in India, the Supreme Court has taken a proactive role and resorted to affirmative
action to protect the rights of victims of crime and abuse of power. The court has adopted the
concept of restorative justice and awarded compensation or restitution or enhanced the amount
of compensation to victims, beginning from the1980s.
State Compensation for Victims of Abuse of Power– As early as 1983, the Supreme Court
recognized the need for state compensation in cases of abuse of power by the State machinery.
In the landmark case of Rudul Shah v. State of Bihar11, the Supreme Court ordered the
Government of Bihar to pay to Rudul Shah a further sum of Rs.30,000 as compensation,which
according to the court was of a “palliative nature”, in addition to a sum of Rs.5,000, in a case
of illegal incarceration of the victim for long years. Similarly in Saheli, a Women’s Resources
Centre through Mrs . Nalini Bhanot v. Commissioner of Police, Delhi Police 12 the Court
awarded a sum of Rs.75, 000 as state compensation to the victim’s mother, holding that the
victim died due to beating by thepolice.

Rights of the Victim

Victims right to challenge bail– In Puran v. Rambilas13and P. Rathinam v. State14, the Apex Court
interpreted Section 439 (2) Cr.P.C. in a way that the victim has a say in the grant of bail to an
accused. The Court recognized the right of the complainant or any ‘aggrieved party’ to move the
High Court or the Court of Sessions for cancellation of a bail granted to the accused. Right to life
and Personal Liberty- The Hon’ble supreme court has adopted Article 21 of Right to life that life
means more than mere bodily existence. The provision equally prohibits the mutilation of the body
by which life is enjoyed. The provision equally prohibits the mutilation.

of the body by the amputation of an arm or leg or the putting out of an eye or destruction of any
other organ of the body through which the soul communicates with the other world.
Right to Protection from the Accused- Measures to protect crime victims take various forms.

11
1983(4) S.C.C. 141
12
1990 A.I.R. 513
13
AIR 2001 SC 2023
14
1994 AIR 1844
Some examples include:
 Police escorts the victim to and fromcourt.

 Secure waiting areas separate from those of the accused and his/her family, witness and
friends during courtproceedings.
 Residence relocationand

 The right not to be excluded fromproceedings.

Amendments to the Code of Criminal Procedure in 2008

The Code of Criminal Procedure was amended to bring in various victim-friendly provisions,
such as:
Definition of Victim

The definition of Victim was added in Section 2 (wa), which states that, “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.”
Victim’s right to engage his advocate

Section 24 (8) gives the victim the right to engage his advocate, “provided that the Court may
permit the victim to engage an advocate of his choice to assist the prosecution.”

Recording of statement of rape victim under Section 157

In Section 157, a proviso has been inserted after sub-section (1), “Provided further that in
relation to an offence of rape, the recording of statement of victim shall be conducted at the

residence of the victim or in the place of her choice and as far as practicable by a woman police
officer in the presence of her parents or guardians or near relatives or social worker of the
locality.” Section 309 (1) after amendment states that the inquiry and trial should be completed
within 2 months.
Section 327 , has been amended to the following effect, “Provided further that in camera trial
shall be conducted as far as practicable by a woman judge or magistrate.” Also that publication
of trial proceedings relating to rape cases shall be prohibited, however, the ban on printing or
publication can be lifted, subject to maintaining confidentiality of name and address of the
party.
Investigation within three months in case of Child Rape
Section 173 (1A) provides that, “The investigation in relation to rape of a child may be
completed within three months from the date on which the information was recorded by the
officer in charge of the police station.”

Victim’s right to appeal

Proviso to Section 372 gives right of a private appeal to a victim, thus providing the victim with
a locus standi, however, the right to appeal against inadequacy of punishment is available only
on twogrounds:
 If accused has been convicted for a lesser offence, example, he was convictedfor
robbery instead of dacoity
 If inadequate compensation isgiven.

 The victim, however, cannot appeal on quantum ofpunishment.

 CHAPTER 6- CONCLUSION

The victim is essentially an inseparable part of crime. Therefore, the phenomenon of crime
cannot be comprehensively explained without incorporating the victim of a crime. Crime
victim, despite being an integral part of crime and a key factor in criminal justice system,
remained a forgotten entity as his status got reduced only to report crime and appear in the court
as witness and he routinely faces postponements, delays, rescheduling, and other frustrations.
All their means loss of earnings, waste of time, payment of transportation and other expenses,
discouragement, and the painful realization that the system does not live up to its ideals and
does not serve its constituency, but instead serves only itself. Many believe that the victim is the
most disregarded participant in criminal justice proceedings. It is, therefore, the Indian Higher
Courts have started to award the compensation through their writ jurisdiction in appropriate
cases.
 BIBLIOGRAPHY

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