An Analysis Of Victim Compensation Scheme

KEY TAKEAWAYS

• The right to compensation has been viewed as an inherent aspect of the right to life and liberty.
• The Supreme Court in its various judgments made compensation an intrinsic part of the right to life.
• Section 357 of CrPC extends to any order for compensation and it is only implemented after a successful conviction.
• Section 357(2) provides that no compensation will be paid until the time of limitation has expired or the appeal has been finally resolved.
• The DLSA is required by Section 357A to provide emergency medical help and other remedies as determined by the relevant authority.
• Section 357A requires states to announce a program and set aside funds so that applications can be processed and victims can get compensation.
• The Ministry of Home Affairs launched the Central Victim Compensation Scheme, which doubled the amount of compensation in cases of rape and sexual assaults.

INTRODUCTION

Article 41, and Article 51A, establish the state's responsibility to ensure "the right to public assistance in cases of disablement and other cases of undeserved want," as well as to "have compassion for living creatures" and "to develop humanism." These provisions have been construed broadly to provide assistance to crime victims. In addition, under Article 21of the Constitution, the right to compensation has been viewed as an inherent aspect of the right to life and liberty. The Supreme Court in its various judgments made compensation an intrinsic part of the right to life.

SECTION 357 CrPC

Section 357 of CrPC extends to any order for compensation passed either by the trial court, Appellate Court, or by the High Court, or Court of Session while exercising their jurisdiction. The Supreme Court also has the power to order compensation under this provision.

Under this section compensation can be provided under four instances:

1. Provided to the complainant for meeting expenses incurred during the prosecution
2. Provided to any person who has suffered loss or injury by the offence.
3. It can be given to a person entitled to recover damages from accidents
4. when there is a conviction for causing death or abatement

Section 357 applies to cases of property injury because courts can award compensation to a bona fide purchaser of property that has been the victim of theft, criminal misappropriation, criminal breach of trust, cheating etc. The most serious issue in Section 357 is that it is only implemented after a successful conviction. It works on the premise that the defendant must be identified, prosecuted, and convicted. In such cases, the courts are unable to provide compensation to the victim under Section 357.

Furthermore, this provision places the entire burden of compensation disbursement on the convicted person, in which case the amount of compensation awarded to the victim is determined by the convict's financial situation, rather than dividing the liability between the State and the offender, in which case the victim is guaranteed compensation.

If the judgment imposing a fine is subject to an appeal, Section 357(2) provides that no compensation will be paid until the time of limitation has expired or the appeal has been finally resolved. This causes financial hardship for the victim, who may need to spend money right once to recover from the crime. The provision does not address the possibility that the victim may demand interim compensation in an emergency scenario.

SECTION 357 A CrPC

Section 357A presents a better view of how to solve the gap in delegating the duty to the state. State governments are required to develop victim compensation schemes. It establishes the function of the District Legal Services Authority in determining the amount to be given whether the court makes a recommendation for compensation or the victim files a claim under the state scheme. It also allows for compensation and rehabilitative measures in the event that a court-ordered compensation order is insufficient.

In terms of interim help, the DLSA is required by Section 357A to provide emergency medical help and other remedies as determined by the relevant authority. The sole disadvantage of Section 357A is that it requires states to announce a program and set aside funds so that applications can be processed and victims can get compensation.

Central Victim Compensation Fund scheme(CVCF)

The Ministry of Home Affairs launched the Central Victim Compensation Scheme, which doubled the amount of compensation in cases of rape and sexual assaults. Women from across the border who are partially or permanently disabled were also addressed. For all states, uniform compensation was established, including Rs. 3 lakhs for victims of acid attacks and rape, Rs. 1 lakh for rehabilitation for victims of human trafficking, and so on. Compensation had to be enhanced by 50% over the sum indicated in cases where the victim was under the age of 14. 24 states and 7 Union Territories have formulated the VCS.

The objective of this scheme is to support the existing VCS notified by the states or Union territories and also to reduce disparity in quantum of compensation.

International Victim Compensation Scheme

United States of America

Most States recognize a model of victim compensation outlined by international covenants and General Assembly Resolutions as an obligation to their citizens. As a result, the paradigm of justice has shifted from guaranteeing successful sentencing to providing rehabilitative help to victims and their dependents. Rather than limiting themselves to monetary compensation, legislatures and courts around the country have passed legislation to allow for victim restitution.

In Tennessee, however, such compensation is only available to victims of rape and crimes involving sexual deviancy "considering the particular circumstances involved in such conduct."

United Kingdom

A non-statutory program was established in 1964, with funding sanctioned by the British Parliament on an annual basis. The Criminal Inquiries Compensation Act of 1955, gained legal status. Following that, the Criminal Justice Act of 1982 compelled courts to make a compensation order in every event of death, injury, loss, or damage.

CONCLUSION

The evolution of victim-centered jurisprudence must go beyond legal need and provide contributing tools with the flexibility to respond to a victim's different requirements. Compensation must be implemented in order for the victim to be rehabilitated. As a result, a comprehensive Victim Compensation Scheme must include assistance throughout the criminal proceedings, as well as psychological support and rehabilitative measures to help the victim reintegrate into society.

There should be a compensation scheme that provides transparency in budget expenditures and a system for accountability. The state's budget must be prepared for unforeseen circumstances and assist the victim's expenses. There needs to be a method to track funds received from various international organizations and the general public for this purpose.