PRINCIPLES OF

VICTIMOLOGY,
COMPENSATION TO VICTIM
AND VICTIM COMPENSATION
SCHEME
 BY
DR. HUMAYUN RASHEED
KHAN

SPECIAL SECRETARY& ADDL

L.R.,SUPREME COURT LEGAL
CELL, NEW DELHI

E-MAIL:
JDOGRA72.HRK@GMAIL.CO
M
 INTRODUCTION

• THE MODERN INTEREST IN VICTIMOLOGY MAY BE TRACED IN

THE UNITED STATES OF 1960S.
• VICTIMOLOGY TENDS TO FOCUS ON HARM TO INDIVIDUALS
AND THEIR WELL- BEING AFTER THE CRIMINAL INCIDENT
HAS OCCURRED.
• VICTIMOLOGY IS A MEETING POINT– CRIMINOLOGY, CRIMINAL
JUSTICE,
SOCIOLOGY, ECONOMICS & PUBLIC HEALTH
 INTRODUCTION

 IMPACT OF VICTIMIZATION.
 HOW TO ADDRESS VICTIMS’ SHORT TERM AND
LONG TERM EMOTIONAL & FINANCIAL NEEDS.
 ADVENT OF VICTIMOLOGY HAPPENED IN 1976.
 CONCERNS ABOUT TREATMENT OF VICTIMS :
INTERNATIONAL SCENARIO

STATUS OF VICTIMS IN THE CRIMINAL JUSTICE

SYSTEM HAS CHANGED DRAMATICALLY DURING
THE LAST 30 YEARS.
POLICY INITIATIVES, SPECIAL UNITS, AND
FINANCIAL RESOURCES HAVE BEEN CREATED TO
HELP IMPROVE THE PLIGHT OF VICTIMS.
THE VICTIMS’ RIGHTS MOVEMENT STRIVED TO
ADDRESS MANY COMPLAINTS.
TRACING THE GENESIS

CIVIL LAW TORT COMPENSATION

LAW
CRIMINAL LAW FOCUS

ACCUSED STATE

RECENT
DEVELOPMENT

VICTIM
 THE REASON

SOCIAL CONTRACT THEORY

RESPONSIBILITY OF STATE

COMPENSATION TO VICTIM
 VICTIMOLOGY

VICTIMOLOGY MUST FIND FULFILMENT SAID THE

COURT, NOT THROUGH BARBARITY BUT BY
COMPULSORY RECOUPMENT BY THE WRONGDOER OF
THE DAMAGE INFLICTED NOT BY GIVING MORE PAIN
TO THE OFFENDER BUT BY LESSENING THE LOSS OF
THE FORLORN. (HARI SINGH (HARI KISHAN) V.
SUKHBIR SINGH AND OTHER, (1988) 4 SCC 551)
BALRAJ V. STATE OF U.P., (1994) 4 SCC 29 : (AIR 1995 SC 1935); DILIP S.
BHANUKAR V. KOTAK MAHINDRA CO. LTD. & ANOTHER, (2007) 6 SCC
593.

THE LONG LINE OF JUDICIAL PRONOUNCEMENTS OF THIS

COURT RECOGNIZED IN NO UNCERTAIN TERMS A PARADIGM
SHIFT IN THE APPROACH TOWARDS VICTIMS OF CRIME WHO
WERE HELD ENTITLED TO REPARATION, RESTITUTION OR
COMPENSATION FOR LOSS OR INJURY SUFFERED BY THEM.
THIS SHIFT FROM RETRIBUTION TO RESTITUTION BEGAN IN
THE MID 1960S AND GAINED MOMENTUM IN THE DECADES
THAT FOLLOWED. INTERESTINGLY THE CLOCK APPEARS TO
HAVE COME FULL CIRCLE BY THE LAW MAKERS AND COURTS
GOING BACK IN A GREAT MEASURE TO WHAT WAS IN ANCIENT
TIMES COMMON PLACE. [HARVARD LAW REVIEW (1984)]
 RESTITUTION

THE PRIMARY PURPOSE OF SUCH

RESTITUTION WAS NOT TO
COMPENSATE THE VICTIM, BUT TO
PROTECT THE OFFENDER FROM
VIOLENT RETALIATION BY THE
VICTIM OR THE COMMUNITY. AS THE
STATE GRADUALLY ESTABLISHED A
MONOPOLY OVER THE INSTITUTION
OF PUNISHMENT, AND A DIVISION
BETWEEN CIVIL AND CRIMINAL LAW
EMERGED, THE VICTIM’S RIGHT TO
COMPENSATION WAS
INCORPORATED INTO CIVIL LAW.
 RESTITUTION/REPARATION

THIS CONVENTIONAL POSITION HAS IN RECENT

TIMES UNDERGONE A NOTABLE SEA CHANGE, AS
SOCIETIES WORLD OVER HAVE INCREASINGLY
FELT THAT VICTIMS OF THE CRIMES WERE BEING
NEGLECTED BY THE LEGISLATURES AND THE
COURTS ALIKE. LEGISLATIONS HAVE,
THEREFORE, BEEN INTRODUCED IN MANY
COUNTRIES INCLUDING CANADA, AUSTRALIA,
ENGLAND, NEW ZEALAND, NORTHERN IRELAND
AND IN CERTAIN STATES IN THE USA PROVIDING
FOR RESTITUTION/REPARATION BY COURTS
ADMINISTERING CRIMINAL JUSTICE.
 UNITED KINGDOM

• ENGLAND WAS PERHAPS THE

FIRST TO ADOPT A SEPARATE
STATUTORY SCHEME FOR
VICTIM COMPENSATION BY THE
STATE UNDER THE CRIMINAL
INJURIES COMPENSATION
SCHEME, 1964.
• ‘DECLARATION ON BASIC
PRINCIPLES OF JUSTICE FOR
VICTIMS AND ABUSE OF POWER,
1965’.
NEW ZEALAND

VICTIM IMPACT ASSESSMENT

DURING SENTENCING
THE ROLE OF VICTIM HAS INCREASED IN
CRIMINAL PROCEEDINGS.
VICTIMS’ ABILITY TO OBTAIN COMPENSATION
FROM THE OFFENDER THROUGH THE CRIMINAL
JUSTICE SYSTEM HAS BEEN ENHANCED.
 COMPENSATION

• WHEN COMPENSATION IS NOT FULLY AVAILABLE FROM THE

OFFENDER OR OTHER SOURCES. STATES SHOULD
ENDEAVOUR TO PROVIDE FINANCIAL COMPENSATION.
• VICTIMS WHO HAVE SUSTAINED SIGNIFICANT BODILY INJURY
OR IMPAIRMENT OF PHYSICAL OR MENTAL HEALTH AS A
RESULT OF SERIOUS CRIMES;
• THE FAMILY, IN PARTICULAR DEPENDANTS OF PERSONS WHO
HAVE DIED OR BECOME PHYSICALLY OR MENTALLY
INCAPACITATED AS A RESULT OF SUCH VICTIMIZATION.
 COMPENSATION

• COMPENSATION SHALL BE PROVIDED FOR ANY

ECONOMICALLY ASSESSABLE DAMAGE RESULTING FROM
VIOLATIONS OF HUMAN RIGHTS OR INTERNATIONAL
HUMANITARIAN LAW, SUCH AS :
• PHYSICAL OR MENTAL HARM, INCLUDING PAIN,
SUFFERING AND EMOTIONAL DISTRESS;
• LOST OPPORTUNITIES INCLUDING EDUCATION;
• MATERIAL DAMAGES AND LOSS OF EARNINGS,
INCLUDING LOSS OF EARNING POTENTIAL;
• HARM TO REPUTATION OR DIGNITY;
• COSTS REQUIRED FOR LEGAL OR EXPERT ASSISTANCE,
MEDICINES AND MEDICAL SERVICES.”
CONSTITUTIONAL INSPIRATION

• THE PRINCIPLES OF VICTIMOLOGY HAS FOUNDATIONS IN

INDIAN CONSTITUTIONAL JURISPRUDENCE. THE PROVISION ON
FUNDAMENTAL RIGHTS (PART III) AND DIRECTIVE PRINCIPLES
OF STATE POLICY (PART IV) FORM THE BULWARK FOR A NEW
SOCIAL ORDER IN WHICH SOCIAL AND ECONOMIC JUSTICE
WOULD BLOSSOM IN THE NATIONAL LIFE OF THE COUNTRY
(ARTICLE 38). ARTICLE 41 MANDATES INTER ALIA THAT THE
STATE SHALL MAKE EFFECTIVE PROVISIONS FOR “SECURING
THE RIGHT TO PUBLIC ASSISTANCE IN CASES OF DISABLEMENT
AND IN OTHER CASES OF UNDESERVED WANT”.
ANKUSH SHIVAJI GAIKWARD V. STATE OF
MAHARASHTRA AIR 2013 S.C 2454

• THE LANGUAGE OF SECTION. 357, CR.P.C. AT A GLANCE MAY

NOT SUGGEST THAT ANY OBLIGATION IS CAST UPON A COURT
TO APPLY ITS MIND TO THE QUESTION OF COMPENSATION.
SUB-SECTION (1) OF S. 357 STATES THAT THE COURT “MAY”
ORDER FOR THE WHOLE OR ANY PART OF A FINE RECOVERED
TO BE APPLIED TOWARDS COMPENSATION IN THE
FOLLOWING CASES:
• TO ANY PERSON WHO HAS SUFFERED LOSS OR INJURY BY THE
OFFENCE, WHEN IN THE OPINION OF THE COURT, SUCH
COMPENSATION WOULD BE RECOVERABLE BY SUCH PERSON
IN A CIVIL COURT.
ANKUSH SHIVAJI GAIKWARD V. STATE OF
MAHARASHTRA AIR 2013 S.C 2454

• THE SUPREME COURT

OBSERVED THAT SUB-SECTION
(3) OF SECTION 357 FURTHER
EMPOWERS THE COURT BY
STATING THAT IT “MAY”
AWARD COMPENSATION EVEN
IN SUCH CASES WHERE THE
SENTENCE IMPOSED DOES
NOT INCLUDE A FINE.
MAYA DEVI’S CASE (AIR 2011 SC (SUPP) 417 : 2011 AIR SCW 24)

THE JURISTIC BASIS UNDERLYING THE REQUIREMENT THAT COURTS AND

INDEED ALL SUCH AUTHORITIES, EXERCISE THE POWER TO DETERMINE
THE RIGHTS AND OBLIGATIONS OF INDIVIDUALS MUST GIVE REASONS IN
SUPPORT OF THEIR ORDERS HAS BEEN EXAMINED IN A LONG LINE OF
DECISIONS RENDERED BY THIS COURT. IN HINDUSTAN TIMES LTD. V.
UNION OF INDIA, (1998) 2 SCC 242 : (AIR 1998 SC 688 : 1998 AIR SCW
352) THE NEED TO GIVE REASONS HAS BEEN HELD TO ARISE OUT OF THE
NEED TO MINIMIZE CHANCES OF ARBITRARINESS AND INDUCE CLARITY.
REASONED ORDER

• THE RECORDING OF REASONS IN SUPPORT OF THE ORDER

PASSED BY THE HIGH COURT HAS BEEN HELD TO INSPIRE
PUBLIC CONFIDENCE IN ADMINISTRATION OF JUSTICE.
• UNION OF INDIA V. JAIL PRAKASH SINGH (2007) 10 SCC 712,
REASONS WERE HELD TO BE LIVE-LINKS BETWEEN THE MIND
OF THE DECISION-MAKER AND THE CONTROVERSY IN QUESTION
AS ALSO THE DECISION OR CONCLUSION ARRIVED AT.
• VICTORIA MEMORIAL HALL V. HOWRAH GANATANTRIK NAGRIK
SAMITY, (2010)3 SCC 732, REASONS WERE HELD TO BE THE
HEARTBEAT OF EVERY CONCLUSION.
REASONED ORDER

• WHILE THE AWARD OR REFUSAL OF COMPENSATION IN A

PARTICULAR CASE MAY BE WITHIN THE COURT’S DISCRETION
THERE EXISTS A MANDATORY DUTY ON THE COURT TO APPLY
ITS MIND TO THE QUESTION IN EVERY CRIMINAL CASE.
APPLICATION OF MIND TO THE QUESTION IS BEST DISCLOSED
BY RECORDING REASONS FOR AWARDING/REFUSING
COMPENSATION. IT IS AXIOMATIC THAT FOR ANY EXERCISE
INVOLVING APPLICATION OF MIND, THE COURT OUGHT TO
HAVE THE NECESSARY MATERIAL WHICH IT WOULD EVALUATE
TO ARRIVE AT A FAIR AND REASONABLE CONCLUSION.
 CAPACITY OF ACCUSED

• IT IS ALSO BEYOND DISPUTE THAT THE OCCASION TO CONSIDER

THE QUESTION THAT THE AWARD OF COMPENSATION WOULD
LOGICALLY ARISE ONLY AFTER THE COURT RECORDS A
CONVICTION OF THE ACCUSED. CAPACITY OF THE ACCUSED TO PAY
WHICH CONSTITUTES AN IMPORTANT ASPECT OF ANY ORDER
UNDER SECTION 357 CR.P.C. WOULD INVOLVE A CERTAIN ENQUIRY
ALBEIT SUMMARY UNLESS OF COURSE THE FACTS AS IN THE
COURSE OF THE TRIAL ARE SO CLEAR THAT THE COURT CONSIDERS
IT UNNECESSARY TO DO SO.
 S. 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 DEPENDENTS WHO
HAVE SUFFERED LOSS OR INJURY AS A RESULT OF THE CRIME
AND WHO REQUIRE REHABILITATION.
(2) WHEREVER A RECOMMENDATION IS MADE BY THE
COURT FOR COMPENSATION, THE DISTRICT LEGAL SERVICE
AUTHORITY OR THE STATE LEGAL SERVICE AUTHORITY, AS
THE CASE MAY BE, SHALL DECIDE THE QUANTUM OF
COMPENSATION TO BE AWARDED UNDER THE SCHEME
REFERRED TO IN SUB-SECTION (1).
 SECTION.357A CR.P.C.

(3) IF THE TRIAL COURT, AT THE CONCLUSION OF THE TRIAL,

IS SATISFIED THAT THE COMPENSATION AWARDED UNDER
SECTION. 357 IS NOT ADEQUATE FOR SUCH REHABILITATION,
OR WHERE THE CASES END IN ACQUITTAL OR DISCHARGE
AND THE 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 VICTIM OR HIS DEPENDENTS MAY MAKE
AN APPLICATION TO THE STATE OR THE DISTRICT LEGAL
SERVICES AUTHORITY FOR AWARD OF COMPENSATION.
 SECTION.357A CR.P.C.
(5) ON RECEIPT OF SUCH RECOMMENDATIONS OR ON THE
APPLICATION UNDER SUB-SECTION (4), THE STATE OR THE
DISTRICT LEGAL SERVICES AUTHORITY SHALL, AFTER DUE
ENQUIRY AWARD ADEQUATE COMPENSATION BY COMPLETING
THE ENQUIRY WITHIN TWO MONTHS.
(6) THE STATE OR THE DISTRICT LEGAL SERVICES AUTHORITY,
AS THE CASE MAY BE, 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 THE POLICE OFFICER NOT BELOW THE
RANK OF THE OFFICER IN CHARGE OF THE POLICE STATION OR
A MAGISTRATE OF THE AREA CONCERNED, OR ANY OTHER
INTERIM RELIEF AS THE APPROPRIATE AUTHORITY DEEMS FIT.
S. 357 B- COMPENSATION TO BE IN ADDITION TO FINE UNDER
SECTION. 326-A OR SECTION 376-D OF INDIAN PENAL CODE

THE COMPENSATION PAYABLE BY THE STATE

GOVERNMENT UNDER SECTION 357-A SHALL BE IN
ADDITION TO THE PAYMENT OF FINE TO THE
VICTIM UNDER SECTION 326-A OR SECTION 376-D
OF THE INDIAN PENAL CODE (45 OF 1860).
SECTION.357C- TREATMENT OF VICTIMS

ALL HOSPITALS, PUBLIC OR PRIVATE, WHETHER

RUN BY THE CENTRAL GOVERNMENT, THE STATE
GOVERNMENT, LOCAL BODIES OR ANY OTHER
PERSON, SHALL IMMEDIATELY, PROVIDE THE FIRST-
AID OR MEDICAL TREATMENT, FREE OF COST, TO
THE VICTIMS OF ANY OFFENCE COVERED UNDER
SECTION 326-A, 376, 376-A. 376-B, 376-C, 376-D OR
SECTION 376-E OF THE INDIAN PENAL CODE (45 OF
1860), AND SHALL IMMEDIATELY INFORM THE
POLICE OF SUCH INCIDENT.
ANKUSH SHIVAJI GAIKWAD V. STATE OF
MAHARASHTRA, AIR 2013 SC 2454
POWER CONFERRED ON COURT IS COUPLED
WITH DUTY – COURTS ARE BOUND TO CONSIDER
ISSUE OF AWARD OF COMPENSATION IN EVERY
CASE – OUGHT TO RECORD REASONS FOR
AWARDING OR REFUSING COMPENSATION – CAN
HOLD ENQUIRY AS TO CAPACITY OF ACCUSED TO
PAY.
 THE HON’BLE COURT OBSERVED THAT
“………SUB-SECTION (1) OF SECTION 357
PROVIDES POWER TO AWARD
COMPENSATION TO VICTIMS OF THE OFFENCE
OUT OF THE SENTENCE OF FINE IMPOSED ON
ACCUSED. IT IS AN IMPORTANT PROVISION
BUT COURTS HAVE SELDOM INVOKED IT.
PERHAPS DUE TO IGNORANCE OF THE
SUBJECT OF IT. IT EMPOWERS THE COURT TO
AWARD COMPENSATION TO VICTIMS WHILE
PASSING JUDGMENT OF CONVICTION.
IT MAY BE NOTED THAT THIS POWER OF COURTS TO
AWARD COMPENSATION IS ANCILLARY TO OTHER
SENTENCES BUT IT IS IN ADDITION THERETO. THIS
POWER WAS INTENDED TO DO SOMETHING TO RE-
ASSURE THE VICTIM THAT HE OR SHE IS NOT
FORGOTTEN IN THE CRIMINAL JUSTICE SYSTEM. IT IS A
MEASURE OF RESPONDING APPROPRIATELY TO CRIME
AS WELL OF RECONCILING THE VICTIM WITH THE
OFFENDER. IT IS, TO SOME EXTENT, A CONSTRUCTIVE
APPROACH TO THE CRIME. IT IS INDEED A STEP
FORWARD IN OUR CRIMINAL JUSTICE SYSTEM. WE,
THEREFORE, RECOMMEND TO ALL COURTS TO
EXERCISE THIS POWER LIBERALLY SO AS TO MEET THE
STATE OF PUNJAB V. SAURABH BAKSHI. (2015) 5 SCC
182
(HON’BLE DEEPAK MISRA AND PRAFULLA C. PANT, JJ.)

PRINCIPLE OF SENTENCING RECOGNIZES CORRECTIVE

MEASURES BUT THERE ARE OCCASIONS WHEN
DETERRENCE IS AN IMPERATIVE NECESSITY
DEPENDING UPON FACTS OF A PARTICULAR CASE. IT IS
ABSOLUTELY MISPLACED SYMPATHY. IT IS, IN A WAY
MOCKERY OF JUSTICE, SUCH A CRIME BLIGHTS NOT
ONLY LIVES OF VICTIMS BUT OF MANY OTHERS AROUND
THEM. IT ULTIMATELY SHATTERS FAITH OF PUBLIC IN
JUDICIAL SYSTEM.
HIS LORDSHIP OBSERVED THAT JUSTICE IS
“THE CROWNING GLORY”, “THE
SOVEREIGN MISTRESS” AND “QUEEN OF
VIRTUE” AS CICERO HAD SAID. SUCH A
CRIME NOT ONLY COMES AS A SHOCKING
EVENT FOR VICTIM AND HIS FAMILY BUT
ALSO SHAKES THE CONFIDENCE OF
THOSE AROUND HIM AND SUCH CASES,
THEREFORE, DO NOT DESERVE
SYMPATHY.
 “LAWS CAN NEVER BE ENFORCED UNLESS FEAR
SUPPORTS THEM.” - SOPHOCLES

IT IS THE DUTY OF EVERY RIGHT-THINKING CITIZEN TO

SHOW VENERATION TO LAW SO THAT AN ORDERLY,
CIVILIZED AND PEACEFUL SOCIETY EMERGES. IT HAS TO
BE BORNE IN MIND THAT LAW IS AVERSE TO ANY KIND
OF CHAOS. IT IS TOTALLY INTOLERANT OF ANARCHY. IF
ANYONE DEFIES LAW, HE HAS TO FACE THE WRATH OF
LAW, DEPENDING ON THE CONCEPT OF
PROPORTIONALITY THAT THE LAW RECOGNIZES.
PURPOSE OF CRIMINAL LAW IS TO PROTECT THE
COLLECTIVE INTEREST AND SAVE EVERY INDIVIDUAL
THAT FORMS A CONSTITUENT OF THE COLLECTIVE
FROM UNWARRANTED HAZARDS.
IT IS THE DUTY OF THE COURT TO AWARD JUST
SENTENCE TO A CONVICT AGAINST WHOM CHARGE IS
PROVED. WHILE EVERY MITIGATING OR AGGRAVATING
CIRCUMSTANCE MAY BE GIVEN DUE WEIGHT,
MECHANICAL REDUCTION OF SENTENCE TO THE
PERIOD ALREADY UNDERGONE CANNOT BE
APPRECIATED. SENTENCE HAS TO BE FAIR NOT ONLY TO
THE ACCUSED BUT ALSO TO THE VICTIM AND THE
SOCIETY. IT IS ALSO THE DUTY OF THE COURT TO DULY
CONSIDER THE ASPECT OF REHABILITATING THE
VICTIM. SURESH V STATE OF HARYANA, (2015) 2 SCC 227
: (2015) 2 SCC (CRI) 45
MANOHAR SINGH V. STATE OF
RAJASTHAN & OTHERS 2015 (89) ACC
266 (S.C)
• PUNISHMENT TO THE ACCUSED IS ONE ASPECT,
DETERMINATION OF JUST COMPENSATION TO THE
VICTIM IS THE OTHER.
• JUST COMPENSATION TO THE VICTIM HAS TO BE
FIXED HAVING REGARD TO THE MEDICAL AND
OTHER EXPENSES, PAIN AND SUFFERING, LOSS OF
EARNING AND OTHER RELEVANT FACTORS.
• WHILE UNDER S. 357, FINANCIAL CAPACITY OF THE
ACCUSED HAS TO BE KEPT IN MIND, UNDER S. 357A
COMPENSATION SHOULD BE INVOKED OUT OF STATE
FUNDS TO MEET OUT THE REQUIREMENTS OF JUST
COMPENSATION.
VICTIMS COMPENSATION SCHEME IN DELHI

*THE DELHI GOVERNMENT PLANS TO INCREASE THE

COMPENSATION FOR ACID ATTACK AND RAPE
SURVIVORS FROM RS. 3 LAKHS TO RS 7.5 LAKHS.

*THE DELHI VICTIMS COMPENSATION SCHEME 2015,

PREPARED BY THE DELHI STATE LEGAL SERVICES
AUTHORITY HAS BEEN PENDING WITH THE HOME
DEPARTMENT FOR MANY MONTHS.
* VICTIM’S KIN GET RS. 3-5 LAKHS FOR
LOSS OF LIFE, BUT THE NEW SCHEME
HAS PROPOSED RS. 5-10 LAKHS. THE
SCHEME ALSO PROPOSES SAME AMOUNT
OF COMPENSATION FOR THOSE WITH
LOSS OF ANY LIMB RESULTING IN 80 PER
CENT PERMANENT DISABILITY.
* THE GOVERNMENT ALSO PLANS TO
COME UP WITH A SCHEME TO ENSURE
EMPLOYMENT TO THE DISABLED
SURVIVORS.
“FOR THE VICTIMS BELONGING TO
ECONOMICALLY WEAKER SECTIONS,
THE PROPOSED AMOUNT WOULD
PROVIDE CONSIDERABLE HELP IN
THEIR REHABILITATION.”
CONCLUSIONS

• REHABILITATION OF VICTIM IS AS IMPORTANT AS

PUNISHING THE ACCUSED.
• IT WAS NEGLECT OF VICTIM’S POSITION WHICH FINALLY
LED TO THE EMERGENCE OF COMPENSATORY
JURISPRUDENCE.
• WHEN COMPENSATION IS NOT FULLY AVAILABLE FROM
THE OFFENDER OR OTHER SOURCES. STATES SHOULD
ENDEAVOUR TO PROVIDE FINANCIAL COMPENSATION TO
THE VICTIMS OR THEIR FAMILY.
CONCLUSIONS

• COMPENSATION SHALL BE PROVIDED FOR ANY

ECONOMICALLY ASSESSABLE DAMAGE RESULTING FROM
VIOLATIONS OF HUMAN RIGHTS OR INTERNATIONAL
HUMANITARIAN LAW.
• THERE EXISTS A MANDATORY DUTY ON THE COURT TO
APPLY ITS MIND TO THE QUESTION OF COMPENSATION IN
EVERY CRIMINAL CASE.
• THE COURT OUGHT TO RECORD REASONS FOR AWARDING
OR REFUSING COMPENSATION IN A GIVEN CASE.