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Victim Compensation
Victim Compensation
Vidhika Prasad
Victim compensation is a direct financial reimbursement to a
victim for an expense that resulted from a crime, such as
What is Victim medical costs or lost wages. Each state has a crime victim
Compensation? compensation program that allocates funds to survivors of
sexual assault and other violent crimes.
Victim Centric Jurisprudence has brought about a shift in the
paradigm of justice, putting obligation on the State, that in
State is obligated with a responsibility to deprive individuals of the power to take law into their
hands in order to commit crime against fellow citizens.
This proposition of State responsibility puts the blame of crime, on the State of having failed to
protect its subjects against crime.
Development of “Grant of compensation to the victims” of crime, is thus a necessary consequence of such
failure.
Victim Even under ordinary circumstances, the State is supposed to assist the vulnerable and
marginalized, as a matter of public policy.
Compensation
Jurisprudence The victim protection jurisprudence developed in United Nations General
Assembly (UNGA) 1985 by adopting the Declaration of The Basic Principles of
Justice for The Victims of Crime and Abuse of Power, which was ratified by a
substantial number of countries including India, was a landmark in boosting the
pro-victim movement.
Victim Compensation in India
Tracing the developments
Section 357 was introduced in Code of Criminal Procedure
vide Code of Criminal Procedure Bill of 1970, with the object
and intent to provide relief to the victims of crime.
(legal provisions) Keeping pace with the change and the resultant obligation on
Legislature, has seen the advent of Section 357A in Code of
Criminal Procedure, by way of Code of Criminal Procedure
(Amendment) Act, 2008
The 154th Law Commission of India made radical
recommendations on the aspects of compulsory justice through
a victim compensation scheme. Justice Malimath Committee
20037 made a series of recommendations with respect to victim
of crime, particularly recommended to be enacted as a separate
legislation to deal with all the issues pertaining to Victims of
5. 5.Paschim Bangal Khet Mazdoor Samity v. State of West Bengal & Ors., 1996;
6. 6. People’s Union for Democratic Rights Thru. Its Secy. v. Police Commissioner, Delhi
Police Headquarters,
Guidelines for The court, having satisfied the prima facie culpability of the
accused, ordered him to pay a sum of Rs.1000 every month to the
In this case, the Supreme Court not only reiterated its previous
standpoint but also laid down, in an exhaustive manner, points to be
taken into account while imposing fine or compensation.
If the case is found fit for compensation, then the capacity of the
accused to pay the fixed amount has to be determined.
The paradigm shift towards enhancing the
compensation was adopted by the court to provide solace
to the victim and to service social justice in the society.