VICTIM

COMPENSATION
By ADVOCATE GURPREET SINGH
 Meaning
• Victim compensation is a direct financial reimbursement to a
victim for an expense that resulted from a crime, such as
medical costs or lost wages.
• Each state has a crime victim compensation program that
allocates funds to survivors of sexual assault and other
violent crimes.
 History
• The victim protection jurisprudence developed in United Nations
General Assembly (UNGA) 1985 by adopting a ‘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.
In which comprehensive definition of victim was given and it included,
the immediate family members as well as it applied to everyone
irrespective of race, religion, nationality, language, age, colour,
cultural belief and also cover the protection programs for victims of
crime and abuse of power.
 Victim
• In India, the word "victim" is defined in Section 2(wa) by the
Code of Criminal Procedure (Amendment) Act ,2008 of the
Criminal Procedure Code, 1973.
• The term "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.
The 154th Law Commission Report on the CrPC devoted an entire
chapter to 'Victimology' in which the growing emphasis on victim's
rights in criminal trials was discussed extensively as under:
Increasingly the attention of criminologists, penologists and reformers
of criminal justice system has been directed to victimology, control of
victimization and protection of victims of crimes. Crimes often entail
substantive harms to people and not merely symbolic harm to the social
order. Consequently the needs and rights of victims of crime should
receive priority attention in the total response to crime. One recognized
method of protection of victims is compensation to victims of crime.
The needs of victims and their family are extensive and varied.
 Provisions under Constitution of India
• The Indian Constitution enunciates no specific provision for victims.
However, Part IV, Directive Principle of State Policy, Art 41 lay down
the duty of the state to secure “the right to public assistance in cases
of disablement and in other cases of undeserved want”.
• Part V, Fundamental Duties, Art 51A lay down the duty of the state to
“have compassion for living creatures” and “to develop humanism”.
• These articles have been interpreted in an expansive manner to find
support for victims of crimes.
• The right to compensation has also been interpreted as an integral
part of right to life and liberty under Art. 21 of the Constitution.
 Nirbhaya Fund
• Post-2012, Nirbhaya Gang rape case, a dedicated fund was set up in 2013 with the focus
on implementing the initiatives aimed at improving the security and safety of women in
India. The fund was called “Nirbhaya Fund”, Nirbhaya meaning fearless, the pseudonym
given to the gang-rape victim to conceal her identity.
• The government’s contribution towards the non-lapsable corpus fund was Rs. 1000
crores.
• Nodal agency: Department of Economic Affairs under the Ministry of Finance is
responsible for the administration of the fund. While the Women and Child Development
Ministry is the nodal agency for expenditure from the Nirbhaya Fund. It is involved in
appraising, reviewing, and monitoring the progress of those schemes sanctioned under
the Nirbhaya Fund. Earlier, it was the one releasing the funds but now it examines the
programs submitted to it by the states under the Nirbhaya scheme, approves them
and recommends to the Department of Economic affairs for allocating funds.
• Under the Nirbhaya Fund, the Centre gives money to the states, which
in turn spend it on programs meant for ensuring women’s safety.
• The Nirbhaya Fund Framework provides for a non-lapsable corpus fund
for the safety and security of women to be administered by the
Department of Economic Affairs (DEA) of the Ministry of Finance (MoF)
of the Government of India.
• Further, it provides for an Empowered Committee (EC) of
officers chaired by the Secretary, Ministry of Women & Child
Development (MWCD) to appraise and recommend proposals to be
funded under this framework.
 CVCF Scheme
• The Central Victim Compensation Fund (CVCF) Scheme
was formed in 2015 with and initial corpus of Rs. 200 crores.
• It prescribed a minimum amount of compensation to be
granted to victims.
• The scheme is to enable support to victims of rape, acid
attacks, human trafficking and women killed or injured in the
cross border firing.
 Objectives of CVCF Scheme
• To support and supplement the existing Victim Compensation
Schemes notified by States/UT Administrations.
• To reduce disparity in quantum of compensation amount notified by
different States/ UTs for victims of similar crimes.
• To encourage States/UTs to effectively implement the Victim
Compensation Schemes (VCS).
• Continue financial support to victims of various crimes especially
sexual offences.
 Eligibility for CVCF Scheme
• He/ She should not have been in receipt of any compensation
for such loss or injury from any Government authorities or
any other scheme of the Central / State Government.
• The loss or injury sustained by the victim or his dependents
should have caused substantial loss to the income of the
family or requires expenditure beyond his means on medical
treatment of such mental/physical injury to the victim.
• Where the offender of the crime is untraceable or cannot be
identified, but the victim is identifiable.
Amount of Compensation under 2015
Scheme
Loss / Injury Minimum Maximum
Loss of life 3 Lakhs 10 Lakhs
Gang Rape 3 Lakhs 7 Lakhs
Rape 3 Lakhs 5 Lakhs
Unnatural Sexual Assault 2 Lakhs 5 Lakhs
Loss of limb / part of body resulting
in 80% permanent disability or 2 Lakhs 5 Lakhs
above
Loss of limb / part of body resulting
in above 40% and below 80% 1 Lakh 3 Lakhs
permanent disability
Loss of limb / part of body resulting
in above 20% and below 80% 50,000 2 Lakhs
permanent disability
Loss of limb / part of body resulting 20,000
1 Lakh
in below 20% permanent disability
Victims of human trafficking /
1 Lakh 3 Lakhs
kidnapping
Physical abuse of minor 2 Lakhs 5 Lakhs
Grievous injury 50,000 2 Lakhs
Loss of foetus resulting from assault 2 Lakhs 3 Lakhs
Victims of burning:
5 Lakhs 7 Lakhs
•More than 50% of disfigurement
2 Lakhs 5 Lakhs
•20 – 50% disfigurement
1 Lakh 2 Lakhs
•Less than 20% disfigurement
Acid attack:
3 Lakhs 7 Lakhs
•Disfigurement of face
5 Lakhs 7 Lakhs
•More than 50% injury
1 Lakh 5 Lakhs
•Less than 50% injury
 Case Law
• In Balasaheb Rangnath Khade v The State of Maharastra, on 27 April,
2012, the court observed:
The criminal justice system has been designed with the State at the
center stage. Law and order is the prime duty of the State. It fosters
peace and prosperity. The rule of law is to prevail for a welfare State
to prosper. The citizens in a welfare State are expected to have their
basic human rights. These rights are often violated. The law and order
is breached.
• In R. Gandhi case, the Madras High Court referred to Article 38 which
enjoins on the state to promote the welfare of the people by securing
and protecting the social order. Further, it took help of Article 19(1)
(g), 21 and Article 300A of the Constitution and linked the right to
property with life and liberty, and freedom of trade, occupation,
profession. The court concluded that it was the duty of the
government to protect these rights and the failure on the part of the
government should result into compensation while must be
reasonable keeps in view the actual loss suffered by the victims of
said riot.
THANK YOU