VICTIM compensation.pptx

VICITIM COMPENSATION SCHEME

1. VICTIM COMPENSATION

2. INTRODUCTION Every crime produces a victim(s). The victims are generally considered as mere informants or witnesses in criminal trials, assisting the state in its endeavor to punish offenders, are now becoming the focal points of our criminal justice system. The criminal justice system is basically meant to redress the victimization of these victims and to address the issues surrounding him. The last few decades however witnessed groundbreaking reforms in the approach of legal systems nationally as well as internationally with reforms not only in statutory laws but also even in judicial approach towards the victims of crime. Victim compensation was a unique concept formulated by the Indian Judiciary in order to secure justice. The modern concept of justice has shown immense concern by providing relief mechanisms to compensate victims. It is one of the major aspects in reparation of the harm or injury caused to the victim due to the commission of the crime. Monetary assistance in one-way or the other always benefits the victims in the mitigation of their sufferings.

3. WHO IS A VICTIM? Any person, group, or entity who have suffered harm, injury or loss due to illegal activities of others. The harm may be economical, mental, or physical. Thus any person who has suffered harm because of violation of criminal law is a victim. A person will be considered as a victim even when the offender is not identified or prosecuted.  Term victim also includes individuals who have suffered harm as a result of assisting victims in distress or to prevent victimization. Not only the person who suffered loss or injury are the victim, but in some cases, the near and dear of victims (family members) are also the victims.

4. OBJECT OF VICTIM COMPENSATION For providing funds for compensation to the victims or their dependents, who have suffered loss or injury as a result of the crime and who require rehabilitation. To provide support services such as counselling, legal assistance, shelter, medical aid, and other vocational training projects to the victim. 

5. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA (A) Constitutional provisions Constitution of India also provides for certain safeguards to the victim of crime. It has several provisions which endorse the principle of victim compensation. The guarantee against unjustified deprivation of life and liberty has in it elements obligating the state to compensate victims of criminal violence. The Supreme Court of India in has interpreted right to compensation as an integral part of Article 21 of the Constitution.

6. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA (B)   The Code of Criminal Procedure, 1973 The provisions relating to compensation to victims of crime are contained in sections 357, 357(1), 357 (2), 357 (3), 357A, 358, 359 and 250 of the Code of Criminal Procedure, 1973. Section 357 of the CrPC, 1973 provides specifically empowers a court imposing a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, in its discretion, inter alia, to order payment of compensation, out of the fine recovered, to a person for any loss or injury caused to him by the offence. However, such compensation to victims can be awarded only when substantive sentence is imposed, of which fine forms a part, and not in cases of acquittal. Section 357 also extends to cases where there has been injury done to a property

7. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA Section 357A: Victim Compensation Scheme Section 357A was formulated in the year 2009, where the Central and the State Governments made Victim Compensation Schemes (VCS) . The scheme was in order to provide compensation to the victim and his/her dependents for the losses and damage caused by the offender; the responsibility to generate and sustain the fund is upon the State Government. In cases, where the Victim Compensation Scheme can be availed is when there is inadequate compensation paid by the accused or discharged of the accusations or offender not traceable or identifiable, in addition to compensation payable under Section 357. 

8. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA Section 358: Compensation to persons groundlessly arrested This section provides for compensation to any individual, who without any reason has become a victim of an arrest. In order to apply this section, there needs to exist a direct connection between the complainant and the arrest. The arrest must be caused by a certain piece of information in the absence of any sufficient grounds. It has been stated that in such a situation, the Magistrate may provide  compensation to the extent of ₹1,000 to the individual  who has been the victim for the same. Section 359: Order to pay costs in non-cognizable cases. This section deals with situations where there exists a complaint for a non-cognizable offence, made to a court and the accused is convicted. The section propounds that the Court of Session, an appellant court or High Court while applying their revisional jurisdiction can order for payment of costs. In addition to the penalty imposed, the court can also order the accused to pay in whole or in part, to the complainant, the cost incurred during the prosecution. The court along with this also possesses the power to sentence the accused to imprisonment for a time span not more than 30 days in cases where he fails to make the payment.

9. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA Section 372 CrPC . Section 372 of the CrPC. has been amended, containing the following proviso: “ Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”

10. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA ( C) 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 of cross border suffering partial or permanent disability were also addressed. Uniform compensation was determined for all states, including Rs.3 lakhs for acid attack and rape victims, Rs. 1 lakh for rehabilitation for victims of human trafficking etc. Cases where the victim was below 14 years of age, the compensation had to be increased by 50% over the amount specified. Various states have amended the scheme in analogy to the directions given by the centre except for Arunachal Pradesh, Assam, Chhattisgarh, Himachal Pradesh, Karnataka, Tamil Nadu, and Uttar Pradesh.

11. The amount of compensation will increase by 50% if the victim is below 14 years of age

12. LEGAL FRAMEWORKS OF VICTIM COMPENSATION IN INDIA (D)   The Protection of Women from Domestic Violence Act, 2005 The Protection of Women from Domestic Violence Act, 2005 has been a massive success in relation to the revolution of women rights, towards victims who were suffering from domestic violence after 16 years of struggle. The definition of domestic violence includes physical, sexual, verbal and emotional abuse. The unique feature of this Act is that the victim can get continued access to the facilities or resources which the victim is entitled to use or enjoy as a result of an existence of a domestic relationship, which would be inclusive of the access to the shared household

13. CONCLUSION The 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 of 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 at 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.

14. SUGGESTIONS Special Training to Police officials and Hospitals Staffs Protection to the Victim Simple and Speedy Mechanism for providing Compensation Compensation as a matter of right Spread Legal Awareness Supervision Right to be informed of compensation Separate forum for providing compensation Parameters for defining compensation Victim Participation in the Criminal Justice Process

15. THANKING YOU Presented by : MAYURI YADAV (B.A.LL.B) Email: [email protected] Ph: 8750130940