NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL

TENTH TRIMESTER

SUBJECT: CRIMINAL LAW - IV

PROJECT TOPIC:

“VICTIM COMPENSATION SCHEME UNDER SECTION 357 (A) CRPC”

SUBMITTED TO: - SUBMITTED BY:-

ASST.PROF. DIVYA SALIM ROHIT SINGH DHURVE
2016 BALLB 81

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TABLE OF CONTENT

 ACKNOWLEDGEMENT ………………......................................................... .....03

 HYPOTHESIS ……………………………………………………….…04
 STATEMENT OF PROBLEM ……………………………………………….…..…04
 OBJECTIVE …………………………………………..…..04
 RESEARCH METHODOLOGY ……………………………………………………04
 CHAPTER SCHEME ……………………………………………….….…04
 CHAPTER 1 :-
INTRODUCTION ………………………………………………...……06
 CHAPTER 2 :-
EVALUATION OF VCS UNDER CRPC …………………………...…09
 CHAPTER 3 :-
COMPENSATION TO VICTIM OF CRIME UNDER CRIMINAL
LAW…………………………………………………………………………………...12
 CHAPTER 4 :-
VICTIM COMPENSATION SCHEMES AND CASE ANALYSIS …...17
 CHAPTER 5 :-
CONCLUSION ……………………………………………….27
 BIBLIOGRAPHY ………………………………………………………………...….29

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 ACKNOWLEDGEMENT

Thanks to the Almighty God who gave us the strength to accomplish the project with sheer hard
work and honesty. May we observe the protocol to show our deep gratitude to the venerated
Faculty-incharge Assit. Prof. Divya Salim for their kind gesture in allotting us such a wonderful
and elucidating research topic. Respected Ma’am, your sincere and honest approach have always
inspired us and pulled us back on track whenever we went astray. We were able to make this
project under your guidance. Without your kind support and cooperation this project would not
have been completed.

ROHIT SINGH DHURVE

2016 BALLB 81

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HYPOTHESIS
That the new approaches in existing victim compensation schemes would bring about the
equality amongst the states by curtailing the disparity between the quanta of compensation
amount notified by different states and UTs.

STATEMENT OF PROBLEM
This research project aims to identify if the existing legal framework providing for compensation
by offender or state to his victim for loss suffered or injury caused by commission of offence is
inadequate or to address the issue whether the existing provisions may help to deliver prompt,
effective and cheap justice to the victims of crime or not ?

OBJECTIVE
1. To analyse the Evaluation of Victim compensation Scheme under Cr.P.C.1973.
2. To analyse the comparison of compensations given by court and VCB.
3. To analyse the Difference in compensation given under different circumstances.

RESEARCH METHODOLOGY
For the completion of this research work, primary as well as secondary sources of information
have been utilized to collect data.

CHAPTER SCHEME
The whole study is divided into FIVE chapters.

The first chapter of the research is introductory in nature. The researcher tries to bring forward
the concept of compensation as a counter-balancing feature or factor that assists victims of crime
to overcome their financial constraints by approaching the correct forum.

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In second chapter the researcher has tried to evaluate the existence of these scheme through
Malimath report and other law commission report.

The third chapter of the research work is devoted to the comprehensive study and analysis of
the legal provisions of CRPC for compensation in India. Further this chapter has compared and
shows the difference between the two general laws the Code of Criminal Procedure, 1973.

The fourth chapter deals with the role of judiciary in awarding compensation to the victim of
crimes. The chapter has been dealt with a survey of some supreme court cases in which Supreme
Court have awarded the compensation to the victims of crime. The findings of Hon’ble Court
and few observations have also been made in this chapter.

In the last chapter concludes the research work with some concrete suggestions. The study is a
humble effort towards the main objective of providing a viable legislation which could provide
compensation to the victims of crime so that the victim is not ignored in the whole process of
administration of justice.

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CHAPTER 1
INTRODUCTION
Victim’s compensation has always been the weeping beggar at the door of criminal justice.
Although, it is an age old concept but its development on more scientific lines and also as branch
of criminology has begun since a few decades ago. Several countries have taken up the different
schemes of payment of compensation to their victims of crime. These are taken through different
legislative measures. In India as well there are different statutory provisions in criminal justice
under which the compensation can be awarded to the victim of crime, viz. Fatal Accident Act,
1855, Probation of Offenders Act, 1958 and Code of Criminal Procedure, 1973.

In 2009, Cr. P.C. was amended and s. 357 A1 was added in which victim compensation scheme
had been introduced. This Section provides discretion to the judges in rewarding compensation
to victims which initiates the coarse idea for the compensation for a crime. The compensation
power was completely in the hands of judges depending upon the facts and circumstances of the
case, whether they should provide the specific sum to the victims or not with reference to the
interest of justice.

2
It may be pertinent to point out that Section 357A brings about a Victim Compensation Scheme,
which is to be carried out by the State Government in consultation with the Central Government.
It reads as follows:

“357A. 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) Whenever 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).

1
Criminal law amendment act, 2009(Act 5 of 2009
2
https://tilakmarg.com/news/compensation-awarded-to-victim-to-be-paid-by-state-if-accused-unable-to-pay/

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(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.

(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.”

Compensation: Meaning and definition

Ubi jus, ibi remedium is the basic principle in the tort that states that there is no
wrong without a remedy and the rule of law requires that wrongs should not remain unredressed.
The compensation constitutes an important remedial measure in tort law and the principles
relating to the determination of damages and compensation in tort are well established. There are
several dimensions to the issue of payment of damages and compensation in the law relating to
torts includes the measure of damages, quantum of damages, assessment of damages, intention of
the wrongdoer, proximity of the cause etc.3

The term “Compensation” in present context means amends for the loss sustained. Compensation
is anything given to make things equivalent, a thing given to make amends for loss, recompense,
remuneration or pay. 4 It is a sign of responsibility of the society which is civil in nature

3
Supra note 3 at 9
4
State of Gujarat v. Shantilal, AIR 1969 SC 634 at 644.

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representing a non-criminal purpose and end. Compensation, as distinct from damages5 is used in
relation to a wrongful act, which cause the injury. Literally, compensation means the money
which is given to compensate for loss or injury, whole purpose of compensation is to make good
the losses sustained by the victim of crime or by the legal representative of the deceased or who
has suffered of pecuniary loss or non pecuniary loss. Compensation to the victims of crime
means something given in recompense i.e. equivalent rendered. It is to be note that the whole
purpose of compensation is to make good the loss sustained by the victim or legal representative
of the deceased. Generally the term compensation limits itself to monetary compensation which
is calculated on the basis of two head i.e. pecuniary loss and non-pecuniary loss.

In State of M.P. v. Pehlajraj Dwarkadas6, the court observed that the term “compensation” has
to be read as a synonym for “damages”, the word ‘compensation’ is only a recompense for the
pecuniary loss suffered by the victims and, the words ‘compensation’ and ‘damages’, in this
context have been known and used as synonymous in the law of tort. In England observations
have been made under which it seems that perhaps, there would be a distinction between words
“compensation” and ‘damages’ though in England, these words have often been treated as
synonymous terms. But in India, Legislature has deliberately not used the English term of
‘damages’ rather has used the word “compensation”.

5
Is used to mean the recovery of pecuniary recompense awarded in reparation for loss or injury.
6
AIR 1976 MP 208

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CHAPTER 2

EVALUATION OF VCS UNDER CRPC

Malimath committee report, 2003

The report is specifically addressed to rights of victims with a view to solicit their maximum
support to criminal proceedings and to restore the confidence of people in Criminal Justice
System.

The report was made on the observation that -

Basically two types of rights are recognized in many jurisdictions particularly in continental
countries in respect of victims of crime. They are, firstly, the victim’s right to participate in
criminal proceedings (right to be Impleaded, right to know, right to be heard and right to assist
the court in the pursuit of truth),
and secondly, the right to seek and receive compensation from the criminal court itself for
injuries suffered as well as appropriate interim reliefs in the course of proceedings.

VICTIMS UNDER THE EXISTING CRIMINAL JUSTICE SYSTEM

The Court seems to have recognized a gap in the statutory provision and enjoined the court not to
drop proceedings without giving an opportunity to the victim to ventilate his grievance.

Pending investigation and prosecution, there are several things that a victim-friendly Criminal
Justice System needs to address on an urgent basis. For example, victims of rape and domestic
violence etc. require trauma counseling, psychiatric and rehabilitative services apart from legal
aid. The object is to avoid secondary victimization and provide hope in the justice system.

Victims have a right to testify as prosecution witness. However, victims often fall prey to
intimidation and harassment by offenders which tend to dissuade them from testifying freely and
truthfully. Though it is the duty of the State to prevent such things, the situation according to
available evidence is disturbing. There is no victim protection law as such and police is not in a
position to protect every victim.

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COMPENSATION FOR VICTIM

The principle of compensating victims of crime has for long been recognized by the law though
it is recognized more as a token relief rather than part of a punishment or substantial remedy.
When the sentence of fine is imposed as the sole punishment or an additional punishment, the
whole or part of it may be directed to be paid to the person having suffered loss or injury as per
the discretion of the Court (Section 357 Cr.P.C.). Compensation can be awarded only if the
offender has been convicted of the offence with which he is charged. 6.8.2 While Section 357
(i)(c) provides for the payment of compensation.

The payment of compensation by the offender is not possible where there is acquittal or where
the offender is not apprehended. Further, the payment remains suspended till the limitation
period for the appeal expires or if an appeal is filed, till the appeal is disposed of (Section 357(2)
Cr. P. C.) The delay in the realization of the amount often adds to the woes of the victim.

In 1992 the U. P. Government through an amendment to Section 357 provided that where the
victim is a member of a scheduled caste or scheduled tribe and the person convicted is not such a
member, then it shall be obligatory for the Court to order compensation to the victim of crime.

A person who fails to pay the fine/compensation is normally required to undergo imprisonment
in default of the said payment. There are many cases of default for a variety of reasons. The
result is again denial of compensation for the victim even in those few cases which end in
conviction. The hopeless victim is indeed a cipher in modern Indian criminal law and its
administration.

Sympathizing with the plight of victims under Criminal Justice administration and taking
advantage of the obligation to do complete justice under the Indian Constitution in defense of
human rights, the Supreme Court and High Courts in India have of late evolved the practice of
awarding compensatory remedies not only in terms of money but also in terms of other
appropriate reliefs and remedies. Medical justice for the Bhagalpur blinded victims,
rehabilitative justice to the communal violence victims and compensatory justice to the Union
Carbide victims are examples of this liberal package of reliefs and remedies forged by the apex
Court. The recent decisions in Nilahati Behera V. State of Orissa [ (1993) 2 SCC 746] and in
Chairman, Railway Board V. Chandrima Das are illustrative of this new trend of using

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Constitutional jurisdiction to do justice to victims of crime. Substantial monetary compensations
have been awarded against the instrumentalities of the State for failure to protect the rights of the
victim.

These decisions have clearly acknowledged the need for compensating victims of violent crimes
irrespective of the fact whether offenders are apprehended or punished. The principle invoked
is the obligation of the State to protect basic rights and to deliver justice to victims of
crimes fairly and quickly. It is time that the Criminal Justice System takes note of these
principles of Indian Constitution and legislate on the subject suitably.

In 1995 the Indian Society of victimology based in Chennai prepared a bill for Victim
compensation and submitted to the Government which the Committee feels is an appropriate
draft for initiating action.

Many strategies being introduced in the United Kingdom for reforming the Criminal Justice
System to give a better deal for victims should be considered for adoption in India, of course,
with suitable modification for effective implementation. This is over and above the victim
compensation scheme which has been in operation in Britain for a fairly long period. Of course,
victim support strategies depend for their effectiveness on the reform steps undertaken in the
overall structure and policies in criminal law and criminal justice administration. The idea is to
reduce victimization in the first place by reducing crime itself. The idea also is to ensure that the
victim gets as much justice out of the system as the accused7.

The Apex Court in Rattiram & Ors. v. State of M.P8. has aptly emphasized on protection of
victims rights:

“Criminal jurisprudence, with the passage of time, has laid emphasis on victimology
which fundamentally is a perception of a trial from the view point of the criminal as well as the
victim. Both are viewed in the social context. The view of the victim is given due regard and
respect in certain countries. It is the duty of the court to see that the victims’ right is protected.

7
https://mha.gov.in/sites/default/files/criminal_justice_system.pdf
8
AIR 2012 SC 1485

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CHAPTER 3

COMPENSATION TO VICTIMS OF CRIME UNDER CRIMINAL LAW

The victim is essentially an inseparable part of crime. Therefore the phenomenon of crime
cannot be comprehensively explained without incorporating the victim of crime. Crime victim,
despite being an integral part of crime and a key actor in criminal justice system, remained a
forgotten entity as his status got reduced only to report crime and appear in the court as witness 9 .
Many believe that the victim is the most disregarded participant in criminal justice proceedings10.
It is, therefore, the Indian higher courts have started to award the compensation through their
writ jurisdiction in appropriate cases.

Krishana Iyer, J. in Rattan Singh v. State of Punjab11, aptly highlighting the apathy of law to a
victim of crime, observed:

“It is a weakness of our jurisprudence that victims of crime and the distress of the dependents of
the victim do not attract the attention of law. In fact, the victim reparation is still the vanishing
point of our criminal law. This is the deficiency in the system, which must be rectified by the
legislation.”

Few decades ago the criminal justice system adopted the idea of compensation for victim. Earlier
it would have been difficult to find any criminological agency (official, professional, voluntary
or other) or research group working in the field of victims of crime, or which considered crime
victims as having any central relevance to the subject apart from being a sad product of the
activity under study-criminality. To officials the victim was merely a witness in the court case; to
researchers either the victim was totally ignored or was used as a source of information about
crime and criminals12. However, in ancient civilizations the victim of an offence was the central
figure in any criminal setting. In our own pre-modern polity, the injured or the victim had a vital

9
Bajpai, G.S., Victim in Criminal Justice Process: Perspectives on Police and Judiciary 8, Uppal Publishing House,
New Delhi. (1997)
10
Kadish, S. H. Encyclopaedia of Crime and Justice 1611, vol. IV, The Free Press, New York (1983)
11
1979 (4) SCC 719.
12
Ibid

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 say in matters connected with restitution or retribution. But slowly, as the one civilization gave
way to another, private revenge public justice with the govt. taking on the responsibility for
meting out justice, the offender has become the prima donna and the victim is completely
forgotten. Penologists, jurists, psychologists, sociologists, socio-psychologists, psychiatrists,
criminologists, social-workers, and the government vie with each other in finding explanations,
reasons, excuses, why a crime is committed. So they give stress only and only on the crime and
criminal13.

A. Section 357A

Victim compensation as now made applicable by CrPC does not require the apprehension and
conviction of the offender to provide financial relief to the victims.

1. Scheme for compensation to be prepared by the State Governments–

Scheme for providing compensation shall be prepared by State Governments- in coordination

with Central Government. Such scheme shall provide for compensation for:
1.1. Victim of Crime
1.2. Dependents of victim who died as a result of crime,
who have suffered loss or injury and who require compensation.

2. Quantum of compensation–

Quantum of compensation shall be decided by District Legal Service Authority or State Legal
Service Authority, on recommendation for compensation by the court.

3. Court to make recommendation–

The Court shall make recommendation, if it is satisfied:

3.1 at the conclusion of trial that compensation awarded under Section 357, CrPC is inadequate
for rehabilitation or
3.2 where the cases end in acquittal or discharge and victim has to be rehabilitated.

13
Rajan, V.N. Victimology in India 2, Allied Publishers Pvt. Ltd. (1981)

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4. Cases where offender is not traced or identified–

An application may be presented by Victim or his dependents to District Legal Service Authority
or State Legal Service Authority for compensation in cases where offender is not traced or
identified and where no trial takes place.

5. District Legal Service Authority or State Legal Service Authority to award compensation–

District Legal Service Authority or State Legal Service Authority shall award adequate
compensation by completing the enquiry within two months on receipt of:
5.1 such recommendations or
5.2 on the application

6. Order for interim relief–

1. Either on recommendation of Court

2. On application of victim or his dependents

District Legal Service Authority or State Legal Service Authority may make an order to alleviate
the suffering of the victim , on the certificate of Police Officer not below the rank of officer in
charge or Magistrate of area concerned , to be made available free of cost:
6.1 First aid facility or medical facility or
6.2 Any other interim relief.
Thus under Section 357 A[4], CrPC, compensation has to be awarded by District Legal Service
Authority or State Legal Service Authority –

B. Section 357

Both Criminal Court and Civil Courts are empowered in different manner to award
compensation under this Section.

1. Compensation payable out of fine recovered from convict–

Compensation under Section 357, CrPC is payable out of fine recovered from convict.

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2. Victim or dependents to recover compensation in Civil Court–

Victim or dependents may recover compensation in Civil Court under Section 357(1) (b).

3. Power of Criminal Court under Section 357 (3)[5]–

Criminal Court under Section 357 (3) may order to pay compensation.

4. Right of dependents or heirs to claim compensation–

Dependents or heirs of victim who are entitled under Fatal Accidents Act,1855 are entitled to
claim compensation from persons convicted for death or abetment.

5. Mode for recovery of fine as under Section 421-

The Court may take action for recovery of fine by:

5.1 Warrant for levy of amount by attachment and sale of any movable property belonging to
offender
5.2 Warrant to Collector of District authorizing him to realise the amount as arrears of land
revenue from movable property or immovable property or both of defaulter.

C. Difference between compensation under Section 357A and Section 357, CRPC

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1. Under Section 357 A, compensation is payable out of funds created by the State Government and
under Section 357, it is payable out of fine recovered from convict.

2. Under Section 357 A, compensation is payable even if offender is not traced or identified but
under Section 357, it is payable only upon conviction of offender.

3. Under Section 357 A, compensation is payable in addition to compensation awarded under

Section 357 and under Section 357, there is no such provision.

4. Section 357 A is a mandatory provision for compensation whereas Section 357 is discretionary.

5. Under Section 357 A, order for compensation is made by District Legal Service Authority or
State Legal Service Authority and under Section 357 by the Court.

6. Section 357 A empowers District Legal Service Authority or State Legal Service Authority to
make Order for interim relief and under Section 357, there is no such provision.

7. Under Section 357 A, no criteria is specified for dependents of victim entitled to compensation
under Section 357 only dependents or heirs of victim who are entitled under Fatal Accidents Act
can claim compensation14.

14
http://www.mightylaws.in/573/compensation-victims-crime-crimina

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CHAPTER 4

VICTIM COMPENSATION SCHEMES AND CASE ANALYSIS

The government has introduced a Central Victim Compensation Fund (CVCF) scheme,2015
with an initial corpus of Rs 200 crores, to enable support to victims of rape, acid attacks, human
trafficking and women killed or injured in the cross border firing. Till now, there has been an
absurd disparity in compensation amount paid by state governments varying from Rs 10,000 to
Rs 10 lakh.

Key Objectives of Scheme

1. To support and supplement the existing Victim Compensation Schemes notified by States/UT
Administrations.

2. To reduce disparity in quantum of compensation amount notified by different States/ UTs for
victims of similar crimes.

3. To encourage States/UTs to effectively implement the Victim Compensation Schemes (VCS)

notified by them under the provisions of section 357A of Cr.P.C. and continue financial support
to victims of various crimes especially sexual offences including rape, acid attacks, crime against
children, human trafficking etc.15

M.P. Victim Compensation Scheme

The MPCVC Scheme, 2015, has been enacted to provide compensation to the crime victim or
the dependents, according to their financial status who has suffered loss and injury as a result of
crime and who requires rehabilitation.

The word victim is defined under Section 2(j) of the MPCVC Scheme, 2015, which reads thus;

"victim" means a person who has suffered any loss or injury caused by reason of the criminal act
or omission on the part of the accused and who requires rehabilitation under this scheme and

15
http://vikaspedia.in/social-welfare/social-security/central-victim-compensation-fund-scheme-cvcf

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includes the guardian or legal heir of such person, but does not include a person who is
responsible for injury to such person;"

The word "dependent" has also been defined in Section 2(k) of the MPCVC Scheme, 2015,
which reads thus;

"Dependent" means and includes wife, husband, father, mother, unmarried daughter and minor
children of victim as determined by the authority empowered to issue dependency certificate or
any other authority authorized by Government in this regard."

Under the compensation scheme, District Legal Services Authority or State Legal Services
Authority after enquiry through appropriate authority within two months as deemed fit may
award adequate compensation. The detailed procedure has been provided under Section 6 of
MPCVC Scheme, 2015. But the District Legal Services Authority or the State Legal Services
Authority can only act upon the recommendation received from the trial Court, Appellate Court,
Sessions Court or the High Court as may be. It may also exercise powers on an application under
sub-section 4 of Section 357-A of Cr.P.C. which provides thus;

"where the offender is not traced or identified, but the victim is identified, and where no trial
takes place, the victim or his dependent may make an application to the State Legal Services
Authority or the District Legal Services Authority for award of compensation."

This means the State Legal Services Authority or the District Legal Services Authority may act
upon on the recommendation of the trial Court, Appellate Court, Sessions Court or the High
Court, or on receiving an application under sub-section 4 of Section 357-A of Cr.P.C.

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CASE LAWS

In a recent judgment dated 27 February 2015 in the case of State of Himachal Pradesh v. Ram
Pal, the Supreme Court has held that:-

“In cases where the accused is unable to pay compensation to the victim or his/her heirs, that
same amount of compensation, which is awarded by the Court, must be paid by the State in
accordance with the provisions of S. 357-A of the Criminal Procedure Code”.

This judgement was delivered by a bench of Justice T.S. Thakur and Justice Adarsh Kumar Goel,
and it reads as follows “We are also of the view that where the accused is unable to pay adequate
compensation to the victim or his heir, the Court ought to have awarded compensation under
Section 357A against the State from the funds available under the Victim Compensation Scheme
framed under the said Section.”

In this case, Court awarded a total compensation of Rs. 1 lakh to be paid by the accused and 3
lakhs to be paid by the State. This was a case where a young girl of about 20 years died after
being struck by a tanker, due to rash and negligent driving. The driver of the tanker stated in his
defence that it was a difficult terrain to drive on and he was driving uphill and thus the tanker
was not in speed and it was not rash and negligent driving and hence the case must be considered
differently. He also stated that he was a poor man and won’t be able to pay a big amount as
compensation. On this the Court further observed “In case the Respondent fails to pay any part
of the compensation, that part of the compensation will also be paid by the State so that the heirs
of the victim get total sum of Rs. 4 lakhs towards compensation.”

This judgment clearly brings out the intention of the court which has tried to put more emphasis
on the compensatory aspect in a criminal case. It says that the victim must not be put to further
suffering due to the poor economic conditions of the accused. This judgment also strengthens the
concept of a welfare state, and thus shifts the burden to the State, for compensating the victim, if
the accused is not able to properly compensate the victim or his/her family.

This case had come in appeal from the decision of the High Court of Himachal Pradesh at
Shimla, wherein the High Court had imposed a fine of Rs. 40,000 and the sentence of

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imprisonment was set aside, however a further observation was made stating that in case of
failure of payment of the above fine, the sentence awarded by the trial court shall revive. The
Supreme Court found the sum of Rs. 40,000 as inadequate compensation for the loss of life of a
20 year old girl, and thus ordered a compensation of a total sum of Rs. 4 lakhs to the family of
the victim16.

SURESH & ANR VS STATE OF HARYANA

FACTS:-

The deceased Devendra chopra and his son Abhishek Chopra deceased had left their factory for
their house in D.L.F., Gurgaon but did not reach their house. daughter of Deceased gave a call to
her father to find out as to why he was late. She learnt that her father and brother had been
kidnapped and ransom of rupees fifty lacs was demanded for their release. She contacted her
father's business partner informing him that her father and brother were kidnapped and the
kidnappers had demanded a ransom amount of rupees fifty lacs on telephone

Since, the family could not fulfil the demand and offer to pay rupees ten lacs was not accepted
by the kidnappers but negotiations continued. The police was not informed on account of the fear
that the victims may be killed as was threatened. When the kidnappers did not release Devender
Chopra and Abhishek Chopra, and finding no way out, the matter was reported to the police .
Ashok accused made disclosure statement that Devender Chopra and Abhishek Chopra had been
killed and their bodies thrown in gutters Accordingly, recoveries were effected. Post mortem of
dead bodies was conducted and other steps for investigation were completed. After investigation,
the accused were sent up for trial.

Learned counsel for the appellants submitted that the evidence of disclosure statements and
recoveries was not reliable, Learned counsel for the State pointed out that the dead bodies were
recovered at the instance of the appellants.

16
https://tilakmarg.com/news/compensation-awarded-to-victim-to-be-paid-by-state-if-accused-unable-to-pay/

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Question for consideration is whether the responsibility of the State ends merely by registering
a case, conducting investigation and initiating prosecution and whether apart from taking these
steps, the State has further responsibility to the victim.

Further question is whether the Court has legal duty to award compensation irrespective of
conviction or acquittal. When the State fails to identify the accused or fails to collect and present
acceptable evidence to punish the guilty, the duty to give compensation remains.

HELD:-

In the present case, the Criminal Revision was filed for compensation to the family members of
deceased Devender Chopra and his son Abhishek Chopra. The same has been dismissed by the
High Court without any reason. In fact even without such petition, the High Court ought to have
awarded compensation. There is no reason as to why the victim family should not be awarded
compensation under Section 357-A by the State. Thus, we are of the view that the State of
Haryana is liable to pay compensation to the family of the deceased.

The court has also determined the interim compensation payable for the two deaths to be rupees
ten lacs, without prejudice to any other rights or remedies of the victim family in any other
proceedings.

Accordingly, while dismissing the appeal, the court direct that the widow of Devender Chopra,
who is mother of deceased Abhishek Chopra representing the family of the victim be paid
interim compensation of rupees ten lacs. It will be payable by the Haryana State Legal Services
Authority within one month from receipt of a copy of this order. If the funds are not available for
the purpose with the said authority, the State of Haryana will make such funds available within
one month from the date of receipt of a copy of this judgment and the Legal Services Authority
will disburse the compensation within one month thereafter17.

6 principles laid down by the SC:-

17
https://indiankanoon.org/doc/42131728/

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 1. It is the duty of the Courts, on taking cognizance of a criminal offence, to ascertain
whether there is tangible material to show commission of crime, whether the victim is
identifiable and whether the victim of crime needs immediate financial relief.
2. On being satisfied on an application or on its own motion, the Court ought to direct grant
of interim compensation, subject to final compensation being determined later. Such duty
continues at every stage of a criminal case where compensation ought to be given and has
not been given, irrespective of the application by the victim.
3. Award of such compensation under 357 (A) can be given as an interim relief.
4. At the stage of final hearing it is obligatory on the part of the Court to advert to the
provision and record a finding whether a case for grant of compensation has been made
out and, if so, who is entitled to compensation and how much.
5. Gravity of offence and need of victim are some of the guiding factors to be kept in mind,
apart from such other factors as may be found relevant in the facts and circumstances of
an individual case.
6. There is need to consider an upper scale w.r.t. compensation amount.

(Pending such consideration to adopt the scale notified by the State of Kerala in its scheme,
unless the scale awarded by any other State or Union Territory is higher. The States of Andhra
Pradesh, Madhya Pradesh, Meghalaya and Telangana are directed to notify their schemes within
one month from receipt of a copy of this order)

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AIR 2014 SUPREME COURT 2816

In Re: India Woman says Gang-raped on Orders of Village Court published in Business
and Financial News dated 23-1-2014

Crime against women are resultant of the States incapacity or inability to protect the
Fundamental Rights of its citizens. (Paras1316)

The SC based on the news item published in the Business and Financial News dated 23.1.2014
relating to the gang-rape of a 20 year old woman of Subalpur Village, P. S. Labpur, District
Birbhum, State of West Bengal on the intervening night of 20/21.1.2014 on the orders of
community panchayat as punishment for having relationship with a man from a different
community, by order dated 24.01.2014, took suo motu action and directed the District Judge,
Birbhum District, West AIR 2014 SUPREME COURT 2816 Registered to -KAPIL MEHTA
Page 1/7 © Copyright with All India Reporter Pvt.Ltd., Nagpur Bengal to inspect the place of
occurrence and submit a report to this Court within a period of one week from that date.

It was held that –

No compensation can be adequate nor can it be of any respite for the victim but as the State has
failed in protecting such serious violation of a victim's fundamental right, the State is duty bound
to provide compensation, which may help in the victim's rehabilitation. The humiliation or the
reputation that is snuffed out cannot be recompensed but then monetary compensation will at
least provide some solace.

In 2009, a new Section 357A was introduced in the Code which casts a responsibility on the
State Governments to formulate Schemes for compensation to the victims of crime in co-
ordination with the Central Government whereas, previously, Section 357 ruled the field which
was not mandatory in nature and only the offender can be directed to pay compensation to the
victim under this Section. Under the new Section 357A, the onus is put on the District Legal
Service Authority or State Legal Service Authority to determine the quantum of compensation in
each case. However, no rigid formula can be evolved as to have a uniform amount, it should vary
in facts and circumstances of each case.

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In the case of State of AIR 2014 SUPREME COURT 2816 Registered to -KAPIL MEHTA Page
5/7 © Copyright with All India Reporter Pvt.Ltd., Nagpur Rajasthan v. Sanyam Lodha, (2011)
13 SCC 262, this Court held that the failure to grant uniform ex-gratia relief is not arbitrary or
unconstitutional. It was held that the quantum may depend on facts of each case18.

LAXMI V. UOI (2014) 4 SCC 427

It was a case of acid attack victim, Earlier there was no uniformity of compensation for the
victim of Acid attacks. On 18.07.2013, Supreme Court passed the following order:-

Section 357A came to inserted in the Code of Criminal Procedure, 1973 by Act 5 of 2009 w.e.f.
31.12.2009. Inter alia, this Section provides for preparation of 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.

In pursuant to this provision, 17 States and 7 Union Territories have prepared 'Victim
Compensation Scheme' (for short "Scheme"). As regards the victims of acid attacks the
compensation mentioned in the Scheme framed by these States and Union Territories is un-
uniform.

While the State of Bihar has provided for compensation of Rs. 25,000/- in such scheme, the State
of Rajasthan has provided for Rs. 2 lakhs of compensation. In our view, the compensation
provided in the Scheme by most of the States/Union Territories is inadequate. It cannot be
overlooked that acid attack victims need to undergo a series of plastic surgeries and other
corrective treatments. Having regard to this problem, learned Solicitor General suggested to us
that the compensation by the States/Union Territories for acid attack victims must be enhanced to
at least Rs. 3 lakhs as the after care and rehabilitation cost. The suggestion of learned Solicitor
General is very fair.

18

http://familycourts.mphc.gov.in/PDF/WORKSHOP%20ON%20FAMILY%20LAWS%20AUGUST%202016/HONBLE%20
JUSTICE%20DIPAK%20MISRA/In%20Re%20%20India%20Woman%20says%20Gangaraped%20on%20Orders%20of
%20Village%20Court%20AIR%202014%20SC%202816.pdf

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The court accordingly, direct that the acid attack victims shall be paid compensation of at least ‘
3 lakhs ‘ by the concerned State Government/Union Territory as the after care and rehabilitation
cost. Of this amount, a sum of Rs. 1 lakh shall be paid to such victim within 15 days of
occurrence of such incident (or being brought to the notice of the State Government/ Union
Territory) to facilitate immediate medical attention and expenses in this regard. The balance sum
of ` 2 lakhs shall be paid as expeditiously as may be possible and positively within two months
thereafter. The Chief Secretaries of the States and the Administrators of the Union Territories
shall ensure compliance of the above direction.19”

Raj Bano vs The State of Punjab & Ors.20

In the present case, the petitioner has approached this Court after the decision of the Additional
Sessions Judge, SAS Nagar, Mohali dated 14.11.2014 for the purpose of grant of compensation
in terms of the aforesaid provisions. The petitioner is required to approach the same Court i.e. the
Additional Sessions Judge, SAS Nagar, Mohali, who has ordered the conviction and sentence of
the accused therein for the purpose of recommendation of her case to the District Legal Service
Authority under the Legal Services Authority Act, 1987 for the purpose of deciding the quantum
of compensation.

Hence, the present petition before this Court is not maintainable and the same is hereby
dismissed. The petitioner may, if so advised, avail her remedy in accordance with law as stated
above.21

19
https:// www.sci.gov.in/jonew/judis/43158.pdf
20
CWP No.4457 of 2016
21
ibid

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Jagdish Kaur & Anr. vs Balwan Khokhar & Ors.22

In this case learned standing counsel appearing on behalf of Union of India and NCT of Delhi
have produced a notification dated 02nd February, 2012 issued by the Lt. Governor of Delhi in
exercise of the powers conferred under Section 357A of the Code of Criminal Procedure,
1973. Its copy has been supplied to counsel for the appellants, who wants some time to go
through the same and submits that if the appellants can approach Delhi Legal Services Authority
for grant of compensation under Section 357A Cr.P.C., which according to the learned
standing counsel for the Government of NCT of Delhi the appellants can definitely do even now,
necessary steps shall be taken by the appellants and if any directions of this Court are required to
be obtained they would move appropriate application. In view of the aforesaid, no further
directions are required to be given at this stage in respect of the claim of compensation being
made by the appellants under Section 357A Cr.P.C. Appeal admitted to be listed in due course
along with the connected appeals of convicted accused persons."

Ramswaroop S/O Birbal Meena vs State Of Rajasthan23

The facts of this case, we do not find that acquittal of the accused other than Ashok cannot be
said to be improper, rather, in absence of evidence, they have been acquitted. So far as the
accused Ashok is concerned, a case was found against him in one of the exceptions
under Section 300 IPC and, accordingly, he has been convicted for the
offence under Section 304/34 IPC.

An appeal against the judgment of the trial Court has been preferred and pending consideration
before this Court but, (3 of 3) [CRLLA-21/2019] we do not find that
the prosecution could prove its case for the offence under Section 302 IPC thus, we do not find
a case for grant of leave even for conviction of the accused Ashok for the
offence under Section 302 IPC. The leave to appeal is, however, granted in regard to denial of
victim compensation under Section 357A Cr.P.C.

22
Judgment on 17 December, 2018
23
Judgment dated on 28 February, 2019

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CHAPTER 5

CONCLUSION

Under this provision 357 A Code of Criminal Procedure, the State is also liable to pay
compensation to the victims of crime apart from the accused under section 357 Code of Criminal
Procedure. There are many situations after the commission of the offences in which the
compensation can be awarded.

o At the conclusion of the trial.

o Inadequate compensation

o Accused not traceable or no trial commenced

Earlier under section 357, the compensation was awarded only in the eventuality of the
conviction of the accused but now not only on conviction but also on acquittal or discharge of
the accused or in case of untraced status of the accused, compensation can be granted. This is a
positive development that takes into account practical reality of an already crumbling criminal
justice system, which is not in a position to bring to book all offenders. It means that the new
section 357 A Code of Criminal Procedure has substantially widened the scope of compensating
the victims of crimes.

Justification For Victim Compensation

Victim compensation is a novel idea and if successfully meted out it retains the equity between
the injured and the injurer. Victim’s ego gets satisfied and he feels sense of belongingness and
security in the society. The modern world has almost discouraged the reimbursement to the
victim by offender or his family because the state sponsored punishment supplanted victim and
family reparations24.

The idea of victim and compensation to such victim is not new but was existing in the ancient
time, which got lost in the later period when the state emerged focusing primarily on retribution

24
Rai, H.S. “Compensation Jurisprudence and Victims of Crime” 334, Cr.L.J, (2004).

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on behalf of a victim by itself. The later criminal justice system due to its’ over emphasis on the
offender and his rights, lost right of the victims. After Independence, we the people of India
devised for our self and excellent piece of state craft in the form of constitution of India, wherein
due to the commitment to the human dignity, we classified certain rights as fundamental rights
was done and granting of power to the various wings governing “we the people” under the
expectation that they shall never toy with these basic rights, took place. Apart from it, India
became signatory to various international covenants and conventions with regard to the human
rights which also warrant the state to take care of the human rights and other rights mentioned
therein which are primarily indispensable so far as the human being is concerned25.

25
Ibid

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BIBLIOGRAPHY

1. Criminal law amendment act, 2009.

2. Rai, H.S. “Compensation Jurisprudence and Victims of Crime”.
3. indiankanoon.org.
4. www.sci.gov.in
5. Bajpai, G.S., Victim in Criminal Justice Process.
6. Rajan V.N. Victomology in india.
7. Kadish, S. H. Encyclopaedia of Crime and Justice.

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