VICTIM COMPENSATION SCHEME IN INDIA BY KODALI NEEHARIKA@LEXCLIQ

VICTIM COMPENSATION SCHEME IN INDIA

THE THINKING OF VICTIM’S RIGHT WERE GERMINATED IN INDIA DURING THE NATION’S DECLARATION OF BASIC PRINCIPLES OF CRIME AND ABUSE OF POWER , 1985 AND FROM THIS DECLARATION ONE OF THE ASPECTS OF VICTIM SUPPORT WAS THE COMPENSATION FOR INJURY OR LOSS WHICH COMES UNDER THE INTEGRAL PART OF “RIGHT TO LIFE” AS A FUNDAMENTAL RIGHT OF THE VICTIM. THE COMPENSATION TO THE VICTIM OF A CRIME IS A MATTER OF CONCERN AND THE COMPENSATION IS A DIRECT FINANCIAL REIMBURSEMENT TO A VICTIM FOR AN EXPENSE THAT RESULTED FROM A CRIME WHICH IS ORDERED BY THE COURT.

IN INDIAN CONSTITUTION THERE IS NO SPECIFIC PROVISION FOR VICTIMS BUT, PART IV, DIRECTIVE PRINCIPLE OF STATE POLICY, ART. 41 AND PART V, FUNDAMENTAL DUTIES, ART. 51A MENTION THE DUTY OF THE STATE TO SECURE “THE RIGHT TO PUBLIC ASSISTANCE IN CASE OF DISABLEMENT AND TO HAVE COMPASSION FOR LIVING CREATURE” AND ALSO DEVELOP AND MAINTAIN THE HUMANITY IN THE SOCIETY BY MAINTAINING THE FUNDAMENTAL RIGHT OF THE VICTIM. “THE RIGHT TO COMPENSATION” HAS ALSO BEEN INTERPRETED AS AN INTEGRAL PART OF “RIGHT TO LIFE AND LIBERTY” UNDER ART.21 OF THE CONSTITUTION AS IN CASE RUDUL SHAH VS. TERRITORY  OF BIHAR, BHIM SINGH VS. TERRITORY  OF J AND K, PASCHIM BANGAL KHET MAZDOOR SAMITY VS. OF . TERRITORY  WEST BENGAL. IT WAS HELD BY THE SUPREME COURT THE PETITIONER HAS RIGHT TO CLAIM COMPENSATION FOR THE HARM/INJURY THAT HAVE GOT AND THE VIOLATION OF THAT RIGHT CAN REASONABLY BE PREVENTED AND DUE COMPLIANCE WITH THE MANDATE OF ART. 21 SECURED IS TO MULLET ITS VIOLATORS IN THE PAYMENT OF MONETARY COMPENSATION.

THE PURPOSE OF PAYING AS COMPENSATION, THE CRIMINAL JUSTICE WANTS TO PROTECT THE RIGHT OF THE INDIVIDUALS, SOCIETY AND STATE FROM THE CRIMINALS BY PUNISHING THEM FOR COMMITTING THE CRIME OR VIOLATING THE RULE OF LAW AS THIS LAW IS EQUAL FOR EACH AND EVERY CITIZEN OF INDIA ACCORDING TO ARTICLE 14 OF INDIAN CONSTITUTION.IN INDIA, THE RIGHT OF A VICTIM OF RECEIVE COMPENSATION WAS RECOGNIZED UNDER THE OLD (CODE OF CRIMINAL PROCEDURE, 1898). Remembering THE BROAD PRINCIPLES THAT COMES IN 1985 DECLARATION, A STATUTORY SCHEME THAT IS VICTIM COMPENSATION SCHEME WAS INTRODUCE IN INDIA BY SECTION 357A WAS INSERTED IN THE CODE OF CRIMINAL PROCEDURE, 1973 IT TALKS ABOUT THE COMPENSATION PART OF THE REHABILITATION OF VICTIMS OF VIOLENCE INCLUDING RAPE IS GOVERNED BY THIS PROVISION.

 

A VICTIM OF CRIME IS A PERSON WHO SUFFERS ANY LOSS OR INJURY AS A RESULT OF THE CRIME. THE TERM “Casualty” HAS ALSO BEEN EXTENDED TO INCLUDE ‘Subordinate  FAMILY MEMBERS’. THIS SCHEME MADE WAY FOR AN INSTITUTIONALIZED PAYMENT OF COMPENSATION TO THE VICTIM BY THE STATE FOR ANY LOSS OR INJURY CAUSED TO HIM BY THE OFFENDER. THE RESPONSIBILITY HAS BEEN IMPOSED ON THE STATES TO CREATE AND MAINTAIN THE FUND FOR THE PURPOSE. IN CASE WHERE COMPENSATION PAID BY THE ACCUSED IS INADEQUATE OR NO SUCH COMPENSATION IS PAYABLE ON ACCOUNT OF ACQUITTAL OR DISCHARGE OF THE ACCUSED OR THE OFFENDER NOT BEING TRACED OR IDENTIFIED, THE VCS WILL APPLICABLE THERE. SUCH PAYMENT MADE MAY ALSO BE ALLOWED ON THE SPECIFIC RECOMMENDATIONS OF THE COURT, IN ADDITION TO THE COMPENSABLE PAYMENT UNDER SECTION 357 CR .P.C (1973) SECTION 357B CR .P.C (1973) SPECIFICALLY PROVIDES THAT IN CASE OF ACID ATTACK (SECTION 326 OF INDIAN PENAL CODE 1860) AND GANG RAPE (SEC 376D INDIAN PENAL CODE, 1860), THE COMPENSATION PAYABLE BY THE STATE SHALL BE IN ADDITION TO THE PAYMENT OF FINE TO THE VICTIM UNDER SAID SECTIONS. THE DISTRICT LEGAL SERVICES AUTHORITY OR STATE LEGAL SERVICE AUTHORITY HAS BEEN AUTHORIZED TO DECIDE THE AMOUNT OF COMPENSATION TO BE AWARDED TO VICTIMS UNDER THE SCHEME. IN ADDITION TO PAYMENT OF COMPENSATION, SECTION 375A ALSO ATTEMPTS TO RESPOND TO THE IMMEDIATE NEEDS TO THE VICTIMS FOR THE FIRST AID OR MEDICAL BENEFITS.

IN HARI KISHAN V. SUKHBIR SINGH  HIGHLIGHTING THE IMPORTANCE OF SECTION 357(3) OF THE CRIMINAL PROCEDURE CODE, 1973 SAYS, SECTION 357 OF CR.P.C. 1973, IS AN IMPORTANT PROVISION. THIS POWER TO AWARD COMPENSATION IS NOT ANCILLARY TO OTHER SENTENCES BUT IT IS IN ADDITION THERETO. IT IS A MEASURE OF RESPONDING APPROPRIATELY TO CRIME AS WELL AS RECONCILING THE VICTIM WITH THE OFFENDER.

 

Kodali Neeharika

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