Giving compensation was regarded as a Royal Right under ancient Hindu law. There has been a global awakening in recent years about victims’ rights, which are still disregarded by legislators. Victims of crime are among the topics that are studied about crime the least. Any person who experiences loss or harm as a result of a crime is considered a victim of that crime. In the current legal system, where cases are decided over many years, the victim waits for justice for nearly his entire life.
Concerns about paying out compensation to victims of crime are prevalent worldwide. The situation for crime victims has not improved, and traditional criminology has long ignored the victim. The goal of compensation is simple: it makes up for harm to a person or their property that would otherwise be considered wrongful.
what is victim compensation scheme?
- The central government ordered all states to prepare victim compensation plans in 2009, and those plans had to match the center’s plan. The scheme’s main goal is to raise money to compensate the victim or his dependents who were harmed or lost something as a result of the crime and need rehabilitation.
- Quantum of compensation: It is the court’s decree that the person who lost something must be made whole. Under the scheme, the District Legal Service Authority or the State Legal Service Authority, as applicable, determines the amount of compensation to be awarded upon a recommendation for compensation made by the Court.
victim compensation scheme under crpc
- The compensation component of the rehabilitation of victims of violence, including rape, is governed by section 357a crpc, which mandates that each State Government create a plan for providing funds for the intent of compensating the victim of crime.
- Thus far, 24 states and 7 UTs have developed Victim Compensation Schemes.
- The Central Victim Compensation Fund (CVCF) scheme, with a starting fund of Rs 200 crores, was established by the government to support the victims of rape, acid attacks, human trafficking, and women who are killed or wounded in cross-border shootings. State governments have so far contributed compensation in the range of Rs. 10,000 to Rs. 10 lakhs.
victim compensation scheme under crpc: Who is Eligible?
- First of all, no government agency or other Central or State government program should have compensated them for the same loss or injury. The applicant or their dependents must certify on the application form that they have never received compensation before in order to support this.
- Second, the victim’s family’s income ought to have been significantly reduced as a result of the loss or injury they sustained, as well as any dependents. It should be difficult for them to satisfy their basic needs without financial assistance due to this financial impact, which should be significant enough.
- Furthermore, the costs associated with receiving medical care, whether it be psychological or physical, should exceed their means, which supports the need for payment.
- The victim or their dependents may still file a claim for compensation under subsection (4) of Section 357A if the criminal is untraceable or cannot be identified but the victim is still identifiable. This clause guarantees that victims won’t be denied the opportunity to pursue compensation because they can’t identify the offender.
When will there be Compensation Given?
In addition to the offender’s obligation, the state also has an obligation to make restitution to the victim. The following options exist for compensating a crime victim:
- After the trial has ended, that is per the court’s orders.
- The Appellate Court may increase compensation when the lower court provides insufficient recompense to the victim of crime.
- In cases where the accused cannot be located, it becomes the state’s responsibility to make amends to the victim of the crime.
The way that India’s criminal justice system handles crime victims has undergone a significant change. The current imperative is to advance victim-friendly jurisprudence and develop a responsive, corrective system. The Victim Compensation Scheme is an audacious attempt by the States to bridge the gaps by providing compensation for the losses or injuries sustained by the victims as well as meeting their rehabilitation needs.
An impartial and helpful criminal justice system must include the Victim Compensation Scheme. It is crucial to the victims’ path to recovery and life reconstruction because it offers them monetary support as well as acknowledgment of their losses. To address issues and guarantee that victims’ needs are sufficiently addressed at the right time, it is crucial to continuously assess and modify the program. By doing this, we can develop a system that upholds the values of justice and compassion, increases victim participation, and genuinely empowers victims.
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