CHAPTER - 3

VICTIMS COMPENSATION
SCHEME IN OTHER
JURISDICTIONS AND LIABILITY
 CHAPTER-III

VCS IN OTHER JURISDICTIONS AND INDIA

3.1 INTRODUCTION

At the international level, interest in victims can be traced back at least to

the international congresses held during the late 1800s, where, for example, many
called for a general return to reparation in criminal justice, an issue which has
been dealt with in more recent years by organizations such as the International
Association of Penal Law, the International Society of Social Defense and the
International Society of Criminology. The first major international meeting
focusing specifically on victims was the first International Symposium on
Victimology, held in Israel in 1973, which led to the establishment in 1979 of the
World Society of Victimology. A number of other international entities have since
dealt with core issues related to victims of crime and abuse of power. At the
intergovernmental level, the work of the Council of Europe led to the adoption of
the 1983 European Convention on the Compensation of Victims of Violent
Crimes (which entered into force in 1988), the 1985 recommendation on the
position of the victim within the framework of criminal law and procedure, and
the 1987 recommendation on assistance to victims and the prevention of
victimization.

The work of individuals, organizations, Governments and international

bodies to restore victims to their rightful place in legal systems and increase the
quantity and quality of assistance available to victims has not been easy. Legal
systems have evolved gradually over the centuries, and proposals for reforms to
benefit victims have raised concerns that they may detract from the legitimate
rights of others, such as suspects and defendants. Furthermore, it has often proven
difficult to sensitize key representatives of the criminal justice system, policy
makers, legislators and members of the community to the fact that change is
needed

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 This is true not only within countries but also across borders. The growth
of transnational crime has made international collaboration against it
indispensable. Organized crime, especially trafficking in human beings, terrorism
and other forms of violence, claims multitudes of victims and requires a concerted
response, including preventive measures.

Massive victimization has claimed countless lives and blighted human

prospects. The breakdown of the rule of law and of basic institutions in these
desperate situations has made the establishment, or re-establishment, of an
effective justice system an urgent priority in many countries and may require the
assistance of the international community. Preventing such cataclysms is not only
a task for individual societies, but the responsibility of the entire world
community.

Over the past centuries, the victim had lost its strong foothold across the
criminal procedure of almost all Western legal systems. The position of victims of
crime under the modern CJS remained that of a forgotten man till the birth of the
victim‘s movement.

Over the past 30 years, the position of victims of crime ―has shown
marked improvement. Where in the 1970‘s the victim of crime was the forgotten
party of the criminal justice system, by the turn of the century the victim has
returned.‖1 The position of the victims of crime improved (as compared to the
earlier position) as a result of development of compensation schemes, victim
assistance, empowerment and support programmes, allotment of various
participatory and information rights to them.

Past few decades saw throughout the world an increasing interest on

legislations to provide monetary compensation to the victims of crime. However,
the recent growing concern regarding victims of crime is the result of the works of
Margery Fry, an English penal reformer. It was in the year 1951 that Margery Fry
wrote Arms of the Law wherein ―she revived for modern society the ancient
concept of state aid to victims of crime.‖2

1
Pamberton, supra note 8.
2
Rosenthal, supra note 23.

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 Attention was drawn by Margery Fry to a case of a man in England who
was awarded a compensation of $ 11,500 as because he was blinded as a result of
a criminal offence. Two of his assailants was ordered to pay him five shillings
weekly. It was pointed out that the victim has to live for another 442 years to
collect the last instalment of the compensation. Margery Fry thus commented on
the effectiveness of England‘s the then compensation system. Her plea for ―better
help‘‘ for victims of crime was like many other ―modern ideas in criminal law and
criminology, not a new notion at all. However, when the idea was raised, under
the impressive title of ―justice for victims‖, it had a very favorable reception and
on several occasions was discussed in the House of Commons.‖3

Originally, Margery Fry was interested in criminal offender making

reparation to his victim ―as a part of the process of reforming or rehabilitating the
offender. Due to the practical difficulties inherent in such an approach she later
became disenchanted with this idea and instead advocated that society should
assume this obligation and compensate victims of crime as a matter of social
welfare policy.‖4 However, it was due to the effort of Margery Fry that led to the
establishment of the first ever state operated victim‘s compensation fund in New
Zealand in the year 1963. The year 1964 saw Britain adopting the Criminal
Injuries Compensation Scheme which laid down schemes for state-funded
compensation programs. Compensation programs in the United States was first
established in California in 1965 and thereafter such programs exists in all States.
The Federal Government of USA in the year 1984 enacted legislation that
outlined compensation in situations where federal crimes were committed. The
statute also provided for monetary support to States with compensation programs.

As already mentioned earlier, in the field of victimology and victim

services countries like USA and UK have become leaders and have also become
the most active and productive countries in having major international influence.
―The United States have served as a laboratory for experiments in victim rights
and services in recent decades. In that, the experience of its victims‘ movement

3
[Link], The Victim And His Criminal A Study In Functional Responsibility, 110 (1968)
4
Jacob, supra note 47.

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can provide lessons, for good or ill, that may help others seeking to accomplish
similar goals or to invent new ones.‖5

Below is discussed the victim compensation and support services existing

in USA, UK (England and Wales).

3.2 VICTIM COMPENSATION IN USA

USA ―has produced nothing less than a revolution in the way victims are
understood and how responses to their needs are construct. That revolution has
been accompanied by rapid, complex, turbulent and unpredictable change on all
fronts.‖6

In USA, the evolutionary path regarding victims i.e. from being at the
center of the legal process to being pushed to the sideline, followed the same as in
other parts of the world.7

“At the beginning of the nineteenth century in the United

States several States had laws providing that a person
convicted of larcency, in addition to his punishment, could
be required to return to the owner an amount of money
twice or three times the value of the stolen goods or, in the
case of insolvency, to perform labor for the victim for a
certain period of time.‖8

It was after the American Revolution and the adoption of the Constitution
and the Bill of Rights that ―crimes were reconceptualized as hostile acts directed
against the authority of the government, which was defined as the representative
of the people. Addressing the suffering imposed upon individuals was deemed to
be less important than dealing with the symbolic threat to the social order posed
by law breakers.‖9 The rediscovery of the victims gained momentum in the late
1950‘s and early 1960s10There were various movements that took place at the

5
Young, supra note 40, at 347
6
Ibid.
7
See Karmen, supra note 3, at 31.
8
Jacob, supra note 437.
9
Karmen, supra note 3,
10
See Ibid., at 32.

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same time and thus contributed to the ―renewed interest in the plight of the
victim.‖11 It can be said that the ―victims‘ movement in the USA involved the
confluence of five independent activities:

 The development of a field called victimology.

 The introduction of state victim compensation programs.

 The rise of the women‘s movement.

 The rise of crime that was accompanied by a parallel dissatisfaction with

the criminal justice system.

 The growth of victim activism.‖12

Since 1965, the lawmakers in the USA with the California state legislature
being the first, have enacted legislation providing for financial assistance to the
victims of crime.13 At the Federal level an attempt was made in the year 1965 to
secure such legislation. ―However, the Bill, like many subsequent proposals,
failed to secure the support of both Houses of Congress.‖14 By the year 1982,
more than two thirds of the States had for themselves compensations schemes of
one form or the other. The Congress even then failed to pass legislation on this
matter. However, the President‘s Task Force on Victims of Crime reviewed the
developments made by the States and reported that ―substantial progress has been
made by many States in their attempts to compensate crime victims.‖

The President‘s Task Force on Victims of Crime was established on April

23rd, 1982. It was established in response to an Executive Order by President
Ronald W. Reagan to conduct a nationwide study to assess the poor treatment of
crime victims in the CJS. The members of the Task Force comprised of a
practicing attorney, a prosecutor, two directors of nonprofit victim assistance legal

11
Doerner, and Lab, supra note 30, at 14.
12
See available at [Link] visited on
June 22, 2019)
13
See [Link], A TRANSLANTIC PERSPECTIVE ON THE COMPENSATION OF CRIME
VICTIMS IN THE UNITED STATES, available at [Link] (Last visited on July 3,
2019).
14
[Link], A TRANSLANTIC PERSPECTIVE ON THE COMPENSATION OF CRIME
VICTIMS IN THE UNITED STATES, available at [Link] (Last visited on July 3,
2019)

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organizations, a police chief, a criminal psychologist, an educator, a state
Attorney General, a state Supreme Court Assistant, and a clergy member. All of
the members were leaders and innovators in their respective fields. For understand
the plight of crime victims, the Task Force travelled across United States and
interviewed victims about their needs, their concerns, and their experiences. The
Task Force collected testimony, anecdotal evidence, and spoke with experts in the
nascent field of victim assistance, as well as criminal justice and allied
professions. The members of the Task Force was unanimous in their findings that
the CJS regularly re-victimized victims and that the system was out of balance in
favor of offenders; and the poor treatment of victims was more widespread than
they had imagined. The Final Report of the President Task Force was published in
the year 1982. The Report, in particular the 68 recommendations made for action
to the Federal Government, represents an historic milestone in the victims‘ right
movement, one that many long-time victim assistance professionals believe to be
a significant turning point in the field of victims‘ rights.15

The Task Force laid down some recommendations for consideration at

both the federal and state levels. One such recommendation was that the Congress
should enact legislation to provide federal funding to assist state crime victim
compensation programs. It also recommended that the Congress should enact
legislation to provide federal funding, reasonably matched by local revenues, to
assist in the operation of federal, state, local, and private nonprofit victim/witness
assistance agencies that make comprehensive assistance available to all victims of
crime. Recommendation also included that the federal government should
establish a federally based resource center for victim and witness assistance.
Broadly, the Task Force Report, 1988 laid down recommendations in the five
areas:

 Proposed executive and legislative action at the federal and state levels.

 Proposed federal action

 Proposed action for criminal justice system agencies (including police,

prosecutors, the judiciary and parole boards.)

15
See available at [Link] visited on
June 22, 2019)

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  Proposed action for other organizations (including hospitals, the ministry,
the Bar, schools, mental health community, and the private sector).
 A proposed amendment to the Federal Constitution.16
The result of these recommendations was that ―with the exception of the
federal constitutional amendment, most of the recommendations have resulted in
significant changes in policy, programs, and practices at the federal, state, and
local levels.‖17 The following are the notable results of the President‘s Task Force
on Victims of Crime:
1. The Establishment of the OVC within the U.S. Department of Justice in
the year 1983.
2. The passage of the VOCA that funds victim services through fines and
fees levied against federal criminal offenders.
3. The creation of VOCA Assistance Administrators and Victim
Compensation Programs in all fifty States, the District of Columbia, and
all territories of USA.
4. The establishment of crime victim services in law enforcement,
prosecution, courts, community corrections and institutional corrections
agencies, and the juvenile justice system, as well as through thousands of
community-based programs.
5. An important recognition of the concerns, needs, and interests of crime
victims that have provided the foundation for the victim assistance field
today.18

3.2.1 Type of Rights For Victims of Crime in USA

Most of the States in USA have amended their constitution and have
guaranteed fundamental rights for victims of crime. Generally, these rights19
include the following20:

16
Ibid.
17
Ibid.
18
Ibid.
19
The victim of crime may obtain information about these rights through local victim/witness
assistance program (which is usually located in the prosecutor‘s office), the state Attorney
General‘s Office, or the U.S. Attorney‘s Office.
20
See available at [Link]
(Last visited on August 27, 2019).

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  The right to be notified of all court proceedings related to the offense.

 The right to be reasonably protected from the accused offender

 The right to have input at sentencing (e.g., victim impact statement).

The victim impact statements are written or oral information that crime
victims make in their own words about how a crime has affected them.21 Such
statements ―allows the victim the opportunity to let the court know how the
incident has influenced his or her life.‖22 The purpose of victim impact statements
is to allow victims of crime ―during the decision-making process on sentencing or
parole, to describe to the court or parole board the impact of the crime.‖23
Information from victim impact statements may be used by a judge in determining
an offender‘s sentence or by a parole board while deciding whether to grant a
parole and what conditions to be imposed while releasing an offender. Some
States in USA allows such statements to be introduced at bail, pre-trial release, or
plea bargain hearings.

 The right to information about the conviction, sentencing, imprisonment,

and release of the offender. The right to an order of restitution from the
convicted offender.

 The right to be notified of these rights.

3.2.2 The Crime Victims Fund

The Crime Victims Fund24 (Fund) was established under the VOCA. The
Fund is the major funding source for victim services throughout USA25. This
Fund is financed by the penalties and fines that are paid by the convicted federal
offenders and not from tax dollars. Federal revenues that are deposited in the Fund

21
See available at [Link]
crimevictims/victim-impact-statements (Last visited on August 27, 2019).
22
Doerner, and Lab, supra note 30, at 379.
23
See available at [Link]
crimevictims/victim-impact-statements (Last visited on August 27, 2019).
24
See available at [Link] visited on August 7, 2019)
25
States in USA maintain their own funds from general revenue, fees, charges assessed against
the offenders

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comes from gifts, donations and bequests by private parties. The Federal revenues
deposited into the Fund come from the following:

 Criminal fines, with exceptions for funds related to certain environmental,

railroad, unemployment insurance, and postal service violations.

 Forfeited appearance bonds.

 Special forfeitures of collateral profits from crime.

 Special assessments that range from $25 on individuals convicted of

misdemeanors and from $400 on corporations convicted of felonies.

 Gifts, donations, and bequests by private parties by the USA PATRIOT

Act 2001, which went into effect in 2002.26

3.2.3 Type of Help For Victims of Crime in USA

Throughout USA, there are number of programmes that provides services

to the crime victims. These programmes ―are part of state government agencies,
and private nonprofit, faith based, and charitable organizations.‖27 Such programs
provide compensation and assistance services to victims of crime (homicide, rape,
drunk driving, domestic violence, human trafficking, and child abuse and neglect).
The compensation programs reimburses expenses of victims of crime (including
victims of federal crime). The crime victim assistance programs provide a ―range
of services, including crisis intervention, counselling, emergency shelter, criminal
justice advocacy, and emergency transportation.‖28

The victims of crime can gather information regarding compensation and

assistance services through their local prosecutor‘s office. Also the victims of
crime may receive such information from their local law enforcement agency
when they report an offense. The OVC‘s online directory of crime victim services
help victims and the service providers find a program in a particular jurisdiction.
This directory lists service providers who address various victim needs. This

26
See available at [Link]
(Last visited on July 3, 2019).
27
See available at [Link]
(Lastvisited on August 27, 2019).
28
Ibid.

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directory was launched in 2003 and offers a centralized, searchable database of
victim assistance programs nationwide.‖29

[Link] Crime Victim Compensation Program

According to the NACVCB, the crime victim compensation programs that

runs across the States in USA help victims of violence everyday by way of paying
for the costs of medical care, mental health counselling, lost time at work, as well
as funerals and other expenses that families face in the aftermath of homicide.
These compensation programs that runs across the States of USA basically
considers that the victims of violent crime apart from the physical injuries and
emotional trauma, may also suffer financial stress. They consider that victims
recovery from the violence and abuse is difficult without worrying about how to
pay for the costs of medical care and counselling, or about how to replace lost
income due to disability or death.30 While every state in USA has crime victim
compensation programs that provide assistance to the crime victims and their
families, they also understand that even though money can not erase the grief and
trauma that the victims undergo, the compensation amount is crucial in the
aftermath of the crime.31

The victims of rape, assault, child sexual abuse, drunk driving, and
domestic violence, families of homicide victims are eligible to apply for the
compensation programs. These compensation programs assists victims in direct
ways by restoring their physical and mental health, by replacing lost income for
victims who cannot work and also their families. Apart from these, many
―programs help cover crime-scene cleanup, travel costs to receive treatment,
moving expenses, and the cost of housekeeping and child care if a victim is
unable to perform those tasks.‖32 The victims of crime under the state, federal,
military, and tribal jurisdiction are eligible to apply for the compensation
program. There is no requirement of apprehension or conviction of the offender.

29
Ibid.
30
See available at [Link](Last visited on July 7, 2019).
31
See Ibid.
32
See available at [Link](Last visited on July 7, 2019).

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With a limited exceptions in a few States, the crimes arising solely out of theft of
or damage to property are not covered under the compensation programs.

The crime victim compensation is a direct reimbursement to or on behalf

of a crime victim for the following statutorily identified crime-related expenses:

 Medical costs

 Funeral and burial costs

 Mental health counseling

 Lost wages or loss of support.33

Some other compensable expenses may be like the replacement or repair

of eyeglasses or other corrective lenses, dental services and devices, prosthetic
devices, crime scene cleanup, and forensic sexual assault exams. However, loss
and damage to property are not covered.

Today, the compensation programs in USA are paying out close to $500
million annually to more than 200,000 victims. Fittingly, most of this money
comes from offenders rather than tax dollars, since a large majority of States fund
their programs entirely through fees and fines charged against those convicted of
crime. Federal grants to compensation programs, providing about 35% of the
money for payments to victims, also come solely from offender fines and
assessments.34

What are the eligibility criteria?

Each state in USA runs the compensation programs under its own law.
The eligibility criteria for determining benefits under the compensation programs
are same. However, it is necessary to check with the individual state where the
crime took place regarding its eligibility requirements. Generally, victims are
required to:

33
See available at [Link]
(Last visited on August 27, 2019).
34
See available at [Link]
000000000120/[Link](Last visited on August 27, 2019).

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  Report the crime promptly to law enforcement. Many States have 72- hour
reporting requirement.

 Cooperate in the investigation and prosecution of the crime.

 Be innocent of any criminal activity or misconduct leading to the victim‘s

injury or death.

 File a timely application with the compensation program in the state where
the crime occurred, and provide any information requested.

Many States require that the application be filed within one year from the
date of the crime, but a few States have shorter or longer periods.35

What are the type of losses that may be paid?

The following expenses are covered under the compensation programs (if
they result directly from the crime) unless if they are not paid by the insurance or
by some public benefit program:

 Medical and hospital care, and dental work to repair injury to teeth.

 Mental health counseling

 Lost earnings due to crime-related injuries

 Loss of support for dependents of a deceased victim.

 Funeral and burial expenses.

Who are eligible for financial help?

For the purpose of getting financial help under the crime victim
compensation programs, the following are eligible:

 A crime victim who has been physically injured.

 In most of the States, a victim who suffers emotional injury as a result of

violence or attempted violence, even though no physical injury resulted.

 Family members of a deceased victim and, in some States, any other

individual who pays for expenses resulting from a victim‘s injury or death.

35
See available at [Link](Last visited on August 27, 2019).

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How does a victim apply?

A victim can apply to the compensation program through applications that

can be obtained from the compensation programs, or from police, prosecutors, or
victim service agencies. Most of the programs have brochures that describes the
benefits, requirements and procedures. The victims can seek assistance from the
victim service programs in completing the application. Once the application is
submitted, the compensation program will review the application and decide what
costs are to be paid and notify the applicant of the program‘s decision.

What type of costs are not covered?

Generally the compensation program does not cover the property loss,
theft and damage (unless the damage is to the eyeglasses, hearing aids, or other
medically necessary devices). However some States may pay limited amount for
the loss of essential personal property that occurred during a violent crime, or for
cleaning up the scene of crime. If expenses are paid to the victim by other sources
such as any type of public or private health insurance, automobile insurance,
disability insurance, or workers compensation, such costs are not covered under
the compensation program.

Are there any limits to the assistance?

The costs relating directly to the crime can be reimbursed up to the

maximum level in each state. These maximums average about $25,000. However,
some States have higher or lower maximums. There may also be limits on some
other types of benefits like mental health counselling or funeral costs.

VOCA Funds for Crime Victim Compensation Programs

Every State in USA provides financial assistance to victims of both federal

and state crimes under its crime victim compensation program. Each state
compensation program receives under VOCA ―an annual grant equal to 60
percent of what the program spends in state money annually.‖36 Each year no
more than 5% of the VOCA compensation formula grant be used for

36
Ibid. The calculation for receiving an annual grant is based on the state dollars paid out for the
federal fiscal year 2 years prior to the year of the federal grant.

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administration and training. The rest of the amount must be used for awards of
compensation to the victims of crime.

[Link] Victim Assistance

The victim assistance program37 in USA includes crisis intervention,
emergency shelter, emergency transportation, counselling, and criminal justice
advocacy.
However, the victim assistance is not confined to the mentioned services.
Annually, more than 4,000 VOCA awards are made by the State to public and
nonprofit organizations to provide assistance services to the victims of crime.
VOCA Funds for Victim Assistance Grants
An annual VOCA victim assistance grant with a base amount of $500,000
is received by all States38 in USA. States and territories are distributed an
additional fund basing on the population. In every State and territory, the VOCA
assistance funds ―are awarded to local community-based organizations and public
agencies that provide services directly to victims of crime.39‖ No more than 5% of
the VOCA assistance grant be used for administration and training purposes.

3.3 VICTIM COMPENSATION IN STATES OF USA

3.3.1 Victim Compensation in Connecticut
[Link] Victim Compensation Program
The victim compensation program of Connecticut helps victim of a violent
crime pay for certain expenses that are not covered by any insurance or other
financial resource.

Who is eligible to receive victim compensation?

A person may be eligible to receive victim compensation (money to pay
for his crime expenses and losses) if he is a:40

37
See available at [Link]
(Last visited on August 2, 2019).
38
All States, the U.S. Virgin Islands, Puerto Rico and District of Columbia. The Northern
Mariana Islands, Guam, and American Samoa each receive a base amount of $200,000.
39
See available at [Link]
(Last visited on June 3,2019).
40
See available at [Link] visited on August
7, 2019)

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  Victim of a personal injury crime, including a victim of a person driving
drunk, under the influence, leaving the scene (hit and run), or purposely
using a vehicle to hurt the victim;

 Dependent or the legal designated decision maker of a homicide victim;

 A relative41 of a sexual assault, domestic violence, child abuse, or

homicide victim;

 Child who witnesses domestic violence and is not related to the victim
(parent or legal guardian must file an application for a minor child (under
the age of 18));

 Person who paid some or all of the funeral expenses for a homicide victim;

 Person who paid some or all of the crime scene clean-up;

 Person who missed time from work to provide care to a personal injury
victim; and

 Person who is blind or has a disability and owns or keeps a guide or

assistance dog that was injured during a crime

Eligibility requirements for receiving victim compensation

 The person was injured during a crime or injured while helping police
during a crime and the crime happened in

o Connecticut

o A United States territory that does not have a victim compensation

program and he was a resident of Connecticut at the time crime; or

o Outside the United States, and he was a victim of international

terrorism and a resident of Connecticut at the time of the crime; or

 The person did not cause the crime or do anything illegal;

41
The term relative means grandparent, child, stepchild, adopted child, grandchild, brother,
sister, half-brother, half-sister, or a parent of a victim‘s spouse (Section 54-201(4) of the
Connecticut General Statutes).

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  The crime was reported to the police within 5 days or within 5 days of
when a report could reasonable be made;

 The person was a victim of sexual assault and told a medical or mental
health provider or an advocate about the sexual assault or went to a
healthy care facility to have sexual assault forensic exam done;

 The person was filing the application within two years of the date of the
personal injury or death.

 The person must cooperate with the police in their investigation; and

 The person must cooperate with the victim compensation program by

providing the information requested.

Expenses covered

The victim compensation program helps in paying certain crime expenses

and losses that are not covered under medical and auto insurance, disability
insurance, worker‘s compensation, sick time, or other types of financial resources.
However, the compensation program will not cover property loss or damage, pain
and suffering (physical and emotional stress); household living expenses; mileage
to doctor appointments; and attorney‘s fees (if an authority files a victim
compensation application for the person, the program allows a fees of no more
than 15% of the compensation awarded.)

For personal injury, the expenses covered is up to $ 15,000. The expense

will be regarding:

 Medical, dental, counselling, and prescription expenses;

 Counselling for relatives of sexual assault, domestic violence, and child

abuse victims;

 Cosmetic and plastic surgery;

 Medical-related special needs, such as medical equipment (wheelchair)

and; modification to a home or vehicle (ramp)

 Lost wages (does not include going to court); and

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  Crime scene clean-up (up to $1,000).

 Regarding survivor benefits, the expenses covered is up to $25,000

 Funeral (up to $5,000) to any person who paid some or all of the expenses;

 Loss of support for dependents and legal designated decision makers;

 Lost wages and mileage for relatives and legal designated decision makers
to attend criminal court proceedings;

 Counselling for relatives and legal designated decision makers; and

 Crime scene clean-up (up to $ 1,000).

For counselling of non-relative child witness of domestic violence

compensation up to $2,000 may be granted.

Below in Table 3.1 is provided the compensation benefit chart of

Connecticut victim compensation programme:

Table 3.1

Compensation benefit chart of Connecticut Victim Compensation

Programme

Available Benefits/ Requirements Who may receive

Descriptions benefits

Medical expenses The expense must be Victim of a crime

Hospital, doctor, related to the crime The Certain family members
cosmetic, and dental fees, bills must be sent to other of victims of domestic
co-pays, and other collateral sources for violence, sexual assault,
medical related expenses, payment first, such as and homicide. Guide or
such as physical therapy, insurance, before the assistance dog of a
ambulance, medications, program can consider person who is blind or
medical equipment, expenses that were denied disabled. Providers may
eyeglasses, denture, and for payment by the be paid directly for
supplies. Modifications to collateral source because services.
a home or vehicle, such as it was not filed within a
ramps, handrails, time limit. Each provider
showers, vehicle hand and must be licensed. Eligible

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 Available Benefits/ Requirements Who may receive
Descriptions benefits
foot controls, lifts. providers include doctors,
nurses, dentists,
optometrists, podiatrists,
and surgeons
Mental Health Expenses The expense must be Victim of a crime
Mental health therapy related to the crime.
including music therapy, The bills must be sent to Certain family members
art therapy, horse assisted other collateral sources of victims of domestic
therapy or psychotherapy, for payment first, such as violence, sexual assault,
tutoring, personal trainer, insurance, before the and homicide
gym membership, and Program can consider the Designated decision
summer camp prescribed expenses. The Program maker of a homicide
by a licensed medical or cannot consider bills that victim effective 10/1/12
mental health were denied for payment child witnesses of
professional; prescription by the collateral source domestic violence
costs; c o-pays because it was not filed
within a time limit.
Each provider must be
Providers may be paid
licensed. Eligible
directly for services.
providers include
counselors, therapists,
clinical social workers,
psychiatrists,
psychologists.
Lost Wages The victim has wage loss Victim employed at time
that is not covered by of crime.
collateral sources, such as
disability insurance and
Workers‘ Compensation.
The claimant has a note
from a licensed doctor
A person who provides
stating it was medically
medically necessary care
necessary for the victim
to a victim while
to be out of work, if
recovering at home.
requiring wages for more
than 1 week.

108 | Page
 Available Benefits/ Requirements Who may receive
Descriptions benefits
Loss of Support Any compensation Spouse and financial
awarded to financial dependents of a
dependents under the age homicide.
of 18 will be held until
the dependent reaches the
age of 18.
Court Proceedings Lost The expenses must be Certain family members
wages to attend court related to attending a of homicide victims.
proceeedings, travel court proceeding for a
expenses, such as mileage victim of homicide.
and airfare, parking costs, Receipts for expenses, for
lodging cost. example hotel bill,
parking receipt
Crime scene cleanup Maximum benefit amount Anyone who paid all or
Costs for replacement and $1,000 a portion of the expenses
repair of damaged locks The bills must be sent to and an estate has not
and costs to repair other sources for payment been opened.
windows. first, such as homeowners
Clothes and bedding or rental insurance, before
being held as evidence the Program can consider
Biohazard cleanup Cost the expenses.
for installation of alarm The Program cannot
systems and security consider expenses that
lighting were denied for payment
by the collateral source
because it was not filed
within a time limit.
Funeral and Burial Maximum benefit amount $5,000 The victim‘s
Expenses Funeral $5,000 estate
services, plot, headstone Anyone who paid all or
a portion of the expenses
and an estate has not
been opened.
Providers may be paid
directly for services.

109 | Page
When does the victim have to pay the victim compensation program back?

If the victim receives money from any other financial resources42 because
of the crime, the victim compensation program by state law43 is entitled to receive
back two third of the amount of victim compensation paid. If the defendant is
ordered by the Court to pay financial losses to the victim and the order includes
the expenses that were already paid by the Victim Compensation program, the
Program is entitled by State law44 to receive back all of the victim compensation
paid for those expenses, unless the Court orders otherwise.

Procedure after filing the application

Once the application is received by the OVS, victim will be mailed packet
of information within 10 days regarding the victim compensation program and
other OVS programs that may be helpful to him, a victim rights booklet, a file
folder for him to keep documents and information about his claim, and the name
of the claims examiner. The claim examiner reviews the claim 45 and if required
the victim may be asked to provide additional documents like pharmacy receipts
and insurance information. The review of the application usually takes four
months and at times can take more time if the claim examiner is unable to get the
police report or other information that is required.

The victim through mail receives a determination letter that lets him know
if his claim is eligible or not for victim compensation. If the claim is eligible, the
determination letter will provide a list of the bills that will be paid and as to who
will receive that payment. These payments may be made directly to the victim or
his service providers. In order to accept the victim compensation, the victim has to

42
Examples of other financial resources include private or public health insurance; auto and
homeowners insurance; insurance or civil lawsuit settlements; and workers‘ compensation.
43
Section 54-212 of the Connecticut General statutes.
44
Section 54-215 of the Connecticut General Statutes.
45
The claim examiner reviews the application for the information needed to help decide if the
claim is eligible for victim compensation. The claims examiner may contact the police,
medical and mental health providers, the employers of the victim, insurance companies, and
other agencies for more information.

110 | Page
sign and date the claim of compensation form that comes with the determination
letter and send it to OVS within 45 days from the date of such determination of
claim. Once the OVS receives the form, generally it takes four to six weeks for
the check to be mailed from the State Comptroller‘s Office.

If the victim does not agree with the determination of the OVS, then he
can by state law request for review of such determination by a victim
compensation commissioner. The victim needs to fill the request of review form
and send it to OVS within thirty days from the date of determination. Such review
may take one to two months for determination. The OVS will send the
Commissioner‘s decision within 120 days from the date the Commissioner closes
the hearing of such review.

[Link] Services Provided to Crime Victims of Connecticut

The OVS contracts with some public agencies and non-profit

organizations to provide free services to the victims of crime and their families.
These services include:

 Criminal justice support and advocacy;

 Information and referrals;

 Therapy;

 Group treatment/ support; and

 Safety

Below46 in Table 3.2 is mentioned the type of assistance provided by

public organizations or non-governmental organizations:

46
This list is according to the Fiscal Year 2014-2015 Office of Victim Services- Grant Funded
Resource Guide available at [Link]
visited on August 5, 2019).

111 | Page
 Table 3.2

Type of assistance provided by public organizations or non-governmental

organizations in Connecticut

Name of the agency Service provides

Catholic Charities- Archdiocese of Counselling Services to Family
Hartford Members of Homicide Victims.
Charlotte Hungerford Hospital The Mental health and advocacy services to
Charlotte‘s Place children and families who are victims of
physical abuse, sexual abuse or domestic
violence.
Child Guidance Center of Southern Therapy, crisis counselling, hotline
Connecticut, Inc. counselling, information and referrals,
help with compensation applications,
criminal justice support and advocacy to
primary and secondary victims of crime.
Clifford W. Beers Clinic, Inc. Advocacy, case management and
support for adult and child victims of
domestic violence and sexual abuse, and
adults who were sexually abused as
children.
Community Child Guidance Clinic, Crisis intervention, therapy, information
Inc. and referrals, criminal justice advocacy
and support, personal advocacy, help
with compensation applications, safety
planning, and follow-up services to
victims of child physical and sexual
abuse, domestic violence, assault, and
survivors of homicide
Connecticut Coalition Against Counseling, safety planning, advocacy
Domestic Violence, Inc. and support services to adult domestic
violence victims.
Services to Victims of Family Counseling, safety planning, victim
Violence notification, criminal court advocacy,

112 | Page
Name of the agency Service provides
and information and referrals to victims
of domestic violence that have a
criminal court case.
Connecticut Sexual Assault Crisis Supportive services to victims of sex
Services, Inc. offenders released on probation.
Rape Crisis Intervention Services Counseling, information, referrals,
support and advocacy to victims of
sexual assault and their families and
friends.
Domestic Violence Crisis Center Services to Spanish-speaking victims of
domestic violence 7 days a week, 24
hours a day through a Spanish-language
telephone service and an online website.
Family Centered Services of Safety planning, crisis counseling,
Connecticut criminal justice support and advocacy,
transportation, help with compensation
applications, individual and group
counseling/therapy, and referrals for
victims of domestic violence, child
abuse, sexual abuse, elder abuse,
robbery, assault and hate and bias
crimes.
Family Centers, Inc. Counseling services to surviving family
members of homicide victims
The Hospital of Central Connecticut Individual, group, and family/couples
therapy, information on victim rights
and help with compensation applications
for victims of sexual abuse and assault,
domestic violence, and adults sexually
abused as children.
Human Resources Agency of New Support and advocacy services to Polish
Britain, Inc. crime victims

113 | Page
3.3.2 Victim Compensation Program in Arizona

[Link] Victim Compensation Program

Eligibility criteria for victim compensation47

 The victim is victimized in Arizona, or is an Arizona resident who is

victimized in an area that lacks a crime victim compensation program, or
is a victim of international terrorism.

 The crime is reported to a police agency within 72 hours of the discovery

of the crime unless good cause is shown to justify a delay.

 An application is filed within two years of the discovery of the crime, in

the county in which the crime occurred, unless good cause is shown to
justify a delay.

 The victim or derivative victim willingly cooperates with law enforcement

agencies.

 The victim or a derivative victim suffers physical injury, a medical

condition, extreme mental distress, or death as a direct result of the
criminally injurious conduct.

 The victim or derivative victims incurs economic loss as a direct result of

the crime that is not covered by a benefit or advantage that the person is
entitled to receive from a collateral source.

Expenses Covered

The crime victim compensation program covers the following crime-

related expenses:

 Medical Costs

 Mental Health Counselling (up to $5,000)

 Funerals (up to $10,000)

 Wage Loss/Loss of Support

47
See available at [Link] visited on
August 27, 2019).

114 | Page
  Crime Scene Clean-up (up to $2,000)

 Some Transportation Costs (up to $1,500)

However, the compensation program will not cover the following:

 Attorney Fees

 Attorney Fees

 Pain and Suffering

 Victimization of a person serving a sentence of imprisonment or who has

escaped imprisonment in a detention facility, home arrest, or work through
furlough program.

Situations in which compensation awards may be reduced or denied

 The victim or derivative victim recouped the economic loss from a

collateral source.

 The victim bears some degree of responsibility for the cause of injury or
death through negligence or intentional unlawful conduct, if that conduct
substantially provoked or aggravated the incident causing the criminally
injurious conduct.

 The victim has not fully cooperated with the appropriate law enforcement
agency

 Compensation program funds are insufficient to make an award.

[Link]. Crime Victim Assistance Program in Arizona

For the purpose of crime victim assistance program, the Arizona Criminal
Justice Commission has authorized48 the distribution of Crime Victims Assistance
funds through a competitive grant process annually. This fund must be used for
providing victim assistance services directly to the victims of crime in Arizona49.
The following types of services are eligible to receive funds:

48
Pursuant to A.R.S. § 41-2407.
49
In compliance with Arizona Administrative Code (A.A.C.) R10-4-201 through R10-4-204 and
funding priorities established by the Commission.

115 | Page
  Crisis intervention services for the urgent emotional or physical needs of
crime victims, which may include a 24-hour hotline for counseling or
referral for victims.

 Emergency services including (a) Temporary shelter for victim s who

cannot safely remain in their current location; (b) Petty cash for immediate
transportation, food, shelter, and other necessities; and (c) The temporary
repair of locks and windows damaged as a result of a crime to prevent the
home or apartment from being re-burglarized immediately.

 Support services including (a) Follow-up counselling dealing with the

victimization; (b) Assistance with other social service and criminal justice
agencies; (c) Assistance obtaining the return of property kept as evidence;
(d) Assistance dealing with the victim‘s landlord or employer; and (e)
Referrals to other sources of assistance as needed.

 Court-related services including (a) Direct services or petty cash that helps
victims participate in criminal justice proceedings, including transportation
to court, child care, court escort, meals, and parking expenses; and (b)
Advocate services including escort victims to criminal justice-related
interviews, court proceedings and assistance in accessing temporary
protection services.50

 Notification services including (a) Notifying victims of significant

developments in the investigation or adjudication of their case; (b)
Notification that a court proceeding for which the victim has to be
subpoenaed has been canceled or rescheduled; and (c) Notification of the
final disposition of the case.

 Training for salaried or volunteer staff of criminal justice, social services,

mental health, or related agencies that provide direct services to crime
victims.

50
See available at [Link] visited August 16,
2019).

116 | Page
  Cost of printing and distribution of brochures or similar announcements
describing the direct services available, how to obtain program assistance,
and volunteer opportunities.

 Applicants may apply for funding to provide these services throughout the
state of Arizona.

3.4 VICTIM COMPENSATION IN UNITED KINGDOM

3.4.1 VCS in England And Wales

Criminal Injuries Compensation Scheme, 2012

At present, the Criminal Injuries Compensation Scheme, 201251 deals with

state compensation to be awarded to victims of crimes of violence in England,
Scotland or Wales52. The scheme is funded by government and it provides
compensation to the blameless victims of violent crime. The scheme is
administered by the Criminal Injuries Compensation Authority (CICA53).

The UK in the year 1964 for the first time introduced the Criminal Injuries
Compensation Scheme. This scheme ―was established to provide a method for
‗innocent‘ victims of violence as an acknowledgement of society‘s sympathy for,
and obligation towards them.‖54 Under this scheme, victims were awarded
compensation on a case-by-case basis after assessing the individual harm suffered
and expenses incurred. In the year 1995 the introduction of the Criminal Injuries
Compensation Act put the Scheme of 1964 on a statutory footing

Eligibility Criteria for applying for Compensation

Under the Criminal Injuries Compensation Scheme, compensation is

provided to a blameless victim of a violent crime or to the qualifying relatives of
people who died as a result of a violent crime.

51
See available at [Link]
/243480/978010851 [Link](Last visited on August 3, 2019).
52
Northern Ireland which forms a part of UK has its own compensation scheme.
53
The CICA is an executive agency of the Ministry of Justice, UK. The members of the staff of
CICA are employed by the Ministry of Justice.
54
Doak, supra note 12, at 12.

117 | Page
Under Annex B of the scheme, subject to paragraph 355, a ―crime of violence‖ is a
crime which involves:

a) A physical attack;

b) Any other act or omission of a violent nature which causes physical injury
to a person;

c) A threat against a person, causing fear of immediate violence in

circumstances which would cause a person of reasonable firmness to be
put in such fear;

d) A sexual assault to which a person did not in fact consent; or

e) Arson or fire-raising.

An act or omission will not amount to a crime of violence unless it is done

intentionally or recklessly.56

For the purposes of the scheme, the following injuries will not be considered as a
crime of violence:

a. Resulted from suicide or attempted suicide, unless the suicidal person

acted with intent to cause injury to another person;

b. Resulted from the use of a vehicle57, unless the vehicle was used with
intent to cause injury to a person;

c. Resulted from an animal attack, unless the animal was used with intent to
cause injury to a person;

d. Was sustained in the usual course of sporting or other activity to which a

person consented by taking part in the activity; or

55
In exceptional cases, an act may be treated as a crime of violence where the assailant:
i. Is not capable of forming the necessary mental element due to insanity; or
ii. Is a child below the age of criminal responsibility who in fact understood the
consequences of their actions.
56
See available at
[Link]
[Link](Last visited on August 27, 2019).
57
Vehicle means any device which is used to transport persons, animals or goods, whether by
land, water or air.

118 | Page
 e. Was sustained in utero as a result of harmful substances willingly ingested
by the mother during pregnancy, with intent to cause, or being reckless as
to, in jury to the foetus.58

Under the scheme, a person who is a direct victim of a crime of violence is

eligible for a grant of compensation. However, there are also other categories of
people who can also apply for grant of compensation. Such other categories
includes the ones who have sustained a criminal injury and such injury is directly
attributable to their taking an exceptional and justified risk for the purpose of
―apprehending an offender, preventing or remedying the consequences of a crime
or helping the police to do so and in the circumstances taking an exceptional
risk.‖59 Also people who have suffered a mental injury as a result of being present
or witnessing an incident in which a relative had been injured may be granted
compensation. Also ―close relatives of a person who dies as a result of their
injuries, may apply for compensation. However, only ―qualifying relatives‖ are
eligible.‖60 According to paragraph 59 of the scheme, a qualifying relative is a
person who at the time of the deceased‘s death was:

a. the spouse or civil partner of the deceased, who was living with the
deceased in the same household;

b. the partner of the deceased (other than a spouse or civil partner), who was
living with them in the same household and had done so for a continuous
period of at least two years immediately before the date of the death;

c. a person who would satisfy sub-paragraph (a) or (b) but who did not live
with the deceased because of either person‘s ill-health or infirmity;

d. the spouse or civil partner, or a former spouse or civil partner, of the

deceased who was financially dependent on the deceased;

e. a parent of the deceased; or

f. a child of the deceased.

58
Ibid.
59
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).
60
Ibid.

119 | Page
 g. Under the scheme, a qualifying relative may be eligible for a bereavement
payment61, a child‘s payment or a dependency payment62 .

61
Paragraph 61
A bereavement payment may be made to a qualifying relative who is not:
(a) former spouse or former civil partner of the deceased; or
(b) a person who is estranged from the deceased at the time of their death
Paragraph 62
Where a claims officer is satisfied that more than one person may be eligible for a
bereavement payment in respect of the deceased, the amount of the bereavement payment is
£5,500. Otherwise, the amount of the bereavement payment is £11,000.
62
Paragraph 67
A dependency payment may be made to a qualifying relative who at the time of the deceased‘s
death was financially or physically dependent on the deceased. A qualifying relative was
physically dependent on the deceased if the deceased was their main carer.
Paragraph 68
The period to which a dependency payment will relate begins on the day of the death.
Paragraph 69
(1) The period to which a dependency payment will relate ends on whichever is the earliest of:
(a) in the case of a qualifying relative who is a child under the age of 18, the day before their 18th
birthday;
(b) the day upon which the deceased would have reached state pension age;
(c) the date on which, before the incident giving rise to their criminal injury, the deceased‘s life
would have been expected to end in accordance with Table C of Annex F or other available
medical evidence;
(d) the expected end of the qualifying relative‘s life; or
(e) the 50th anniversary of the day referred to in paragraph 68.
(2) When calculating the amount of a dependency payment, no account will be taken of a
qualifying relative‘s remarriage or new civil partnership, or their prospects of remarrying or
entering into another civil partnership.
Paragraph 70
A payment in respect of financial dependency will be made if on the date of their death the
conditions in paragraph 43(2) were satisfied in relation to the deceased and their main source
of income was not from social security benefits.
Paragraph 71
The dependency payment will be calculated by reference to each week in which one or more
qualifying relatives is eligible for a dependency payment in accordance with paragraphs 68
and 69. The total amount payable in each of those weeks will be the weekly rate, at the date of
determination, of statutory sick pay under section 157 of the Social Security Contributions
and Benefits Act 1992. The weekly amount will be divided in equal shares between each
qualifying relative who is eligible in any week. A qualifying relative eligible for part of a
week will be treated as if eligible for the whole of that week.
Paragraph 72
The total amount of a qualifying relative‘s dependency payment in respect of financial
dependency will be the aggregate of the amounts allocated to the qualifying relative under
paragraph 71 for the whole period of their dependency.
Paragraph 73
The dependency payment will be made in a lump sum, applying the relevant Tables in Annex
F to such part of the period to which the payment relates as occurs after the day on which the
application is determined.
Paragraph 74
A payment in respect of physical dependency will be calculated as if it were a special
expenses payment to the dependant for the cost of that dependant‘s care and supervision under
paragraph 52(e) and (f). Paragraphs 53 to 56 apply to the calculation of the amount of that
payment in the same way as they apply in respect of a person who has sustained a criminal
injury.

120 | Page
In order to be eligible for compensation, a person needs to meet certain
conditions. First, it is necessary to report to the police the crime as soon as
reasonably practicable. Generally it means in most cases after the occurrence of
the incident. However, delay in reporting such incident does not fail the
application for compensation as long as such delay can be explained. Secondly,
conditions relating to nationality and residence needs to be fulfilled. ―The main
requirements are that an applicant must have been ordinarily resident in the UK at
the time of the incident or is a British or EU/EEA citizen or is a victim of human
trafficking. Close relatives of people who fulfil the aforementioned requirements
may also be eligible.‖63

There are time limits for filing an application for compensation. Where the
applicant was an adult at the time of the happening of the incident, the application
needs to be made within two years from such happening. In situations where at
the time of the happening of the incident the applicant was under the age of 18
years, the application for compensation must be made by their 20th birthday.
Where the incident was reported to the police before the applicant‘s 18th birthday,
application for compensation be made within two years of the date on which the
incident was reported to the police. Time limits for filing an application for
compensation may be waived by CICA if the claims officer is satisfied that due to
exceptional circumstances the applicant could not have applied earlier, and the
evidence presented in support of the application means that it can be determined
without further extensive enquiries by a claims officer.

The applicant needs to fulfill some obligations during the process of

application. The applicant has to provide evidence in support of his case. It will
―consist mainly of proof that the nationality/residency requirements are met and
medical evidence to show the injured suffered (whether physical or mental).‖64
Evidence must be provided when the claim is regarding lost earnings. Also the
―applicant must generally assist anybody or person in relation to the application;
in particular-as far as reasonable- they are obliged to cooperate in bringing the
63
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).
64
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).

121 | Page
assailant to justice.‖65 The scheme also requires the applicant to provide
information and complete the application form during the application process.

Under the scheme, the award of compensation will not be influenced by

whether or not the assailant has been convicted or not.

This scheme is intended to be one of the last resort. Generally, the

applicants are expected to claim compensation elsewhere before applying under
the Scheme. It may be by way of claiming compensation from the assailant
himself or from an employer or from social security benefits, insurance benefits,
damages or any kind of compensation which the applicant may be eligible to as a
result of the injuries suffered.66

Amount of Compensation

Under the Scheme, the maximum amount of compensation that may be

granted to an applicant who as a result of a crime of violence has suffered one or
more injuries or has died is 500,000 pounds. However, there are certain factors
which may reduce the amount of compensation granted even though the applicant
has met the eligibility conditions. ―These may include unspent convictions, the
applicant‘s behaviour before, during or after the incident, as well as the
applicant‘s character in general. Wherever possible, CICA settles claims by
offering lump sum cash payments.‖67

Compensation for injuries

Under the Scheme, compensation for injuries suffered is made according

to the ―tariff of fixed compensation payments for each injury.‖68 Where the tariff
does not have a provision for an injury, the claims officer of CICA may consider
such injury to be of an equivalent seriousness to an injury that is described in the
tariff and refer such case to ―the Tribunal and then to the UK‘s relevant Secretary
of State in order to include such injury in the tariff and make a recommendation

65
Id.
66
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019)
67
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).
68
Ibid.

122 | Page
for a tariff amount for such injury.‖69 The Secretary of State may recommend
payment of a tariff amount after applying the rules in the Scheme.

With regard to physical and mental injuries, the Scheme provides 20 levels
of compensation ranging from 1,000 pounds to 250,000 pounds. For sexual and
physical abuse, the scheme has 15 levels of compensation ranging from 1,000
pounds to 44,000 pounds. There is no payment made when an ―applicant‘s injury
includes acceleration or exacerbation of an existing condition and the value of
such acceleration or exacerbation is less than‖70 1,000 pounds.

Where an applicant applies for compensation with regard to more than one
injury, he will be entitled to:

i. 100% of the tariff amount of the most serious injury;

ii. 30% of the tariff amount for the injury with an equal or second highest
value; and

iii. 15% of the tariff amount for the injury with an equal or third highest
value.71

In cases where the applicant as a result of a sexual assault has suffered

mental injury, the applicant shall be entitled to highest injury payment under the
tariff.

Compensation for loss of earnings; Special expenses

Loss of earnings

Where an applicant as a result of a crime of violence is unable to work, he

will be entitled to payment for the loss of his earnings. CICA has interpreted the
term ―very limited capacity‖ to mean as an ―inability to undertake more than a
few hours of paid work per week.‖72 However, an applicant who has the capacity
for paid work but such work is limited because of his injuries suffered, will not be

69
Ibid.
70
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).
71
See Ibid.
72
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).

123 | Page
entitled to such payment. The period of payment for loss of earnings will begin on
the first day of the 29th week of the loss of earnings. Such payment will end on
whichever is the earliest of:

i. The day on which the applicant is no longer incapable of paid work;

ii. The day on which the applicant will reach the UK‘s state pension age, and

iii. Where the injury has resulted in a life expectancy below the state pension
age, the expected end of the applicant‘s life.73

The calculation for the payment due to loss of earnings will be done by
referring to a fixed rate per week of loss.

Special expenses

An applicant shall be eligible for payment of special expenses when as a

direct result of the injury for which he is eligible for receiving an injury payment
has ―lost earnings or earning capacity, or been incapacitated to a similar extent for
more than 28 weeks.‖74 The applicant in order to qualify for a special expenses
payment, should be able to prove that the ―goods or services, or something
similar, is not available free of charge from another source.‖75

The award of special expenses payment may be in respect of the

following:

i. Loss or damage to the applicant‘s property or equipment which was relied

on by the applicant as a physical aid (for example, walking sticks, dentures
and spectacles);

ii. Expenses arising from the UK‘s National health Service or an equivalent
state health service;

iii. Special equipment (for example, wheelchairs, walking aids, kitchen

implements in order to help people whose grip has weakened.)

iv. Adaptation of the applicant‘s accommodation

73
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).
74
Ibid.
75
Ibid

124 | Page
 v. Cost of care relating to the applicant‘s bodily functions, or to the
preparation of meals and supervision;

vi. Cost of appointing someone to administer a mentally incapacitated

applicant‘s affairs, and cost of ongoing administration of those affairs

vii. Cost of setting up a trust following a direction of CICA‘s claims officer.76

Compensation paid to qualifying relatives in case of victim’s death

The qualifying relatives of a victim of crime who has died may receive
one or more of the following payments:

i. A bereavement payment of 11,000 pound in the case of one qualifying

relative, or in the case of multiple relatives 5,500 pound per qualifying
relative.

ii. Where the relevant qualifying relative is a child who is dependent on the
victim‘s parental services, ―a child‘s payment of £2,000 per year (pro rata
for each part year) until such qualifying relative‘s 18th birthday and such
additional amount in relation to any expenses suffered by such qualifying
relative as a direct result of the loss of parental services.‖77

iii. In cases where the qualifying relative was financially or physically

dependent on the victim, a dependency payment will be calculated by
referring to the rate of the UK‘s statutory sick pay or according to special
expenses payment;

iv. Funeral payment of up to 5,000 pound.

A qualifying relative may also receive payment under the Scheme when a
payment for injury is made to the victim before he dies or in cases where the
victim died otherwise than as a direct result of the injury caused as a result of the
crime.

Reduction or refusal of payments

An applicant‘s claim may be refused or reduced by CICA where:

76
See Ibid.
77
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).

125 | Page
 i. The applicant fails to take all reasonable steps to assist the claims officer
or other body or person in relation to consideration of the relevant
application. ―Such failure may include failure to notify changes of address,
failure to respond to CICA‘s communications, non-disclosure of a matter
that could affect the relevant claim, giving false or exaggerated details
about relevant injuries or failure to attend a medical examination verifying
the extent of relevant injuries.‖78

ii. The conduct of the applicant before, during or after the relevant crime
make it inappropriate to grant an award or a full award. These
inappropriate conduct may ―include aggressive or threatening conduct or
provocation and history of assaults or fighting between the applicant and
the injurer.‖79

iii. The applicant has any unspent criminal convictions; and /or80

iv. The applicant has such a character that it ―would be inappropriate to grant
an award or a full award.‖81 Evidence regarding such character will
include ―involvement or association in illegal drugs or crime, tax evasion
or benefit fraud, antisocial behaviour orders or police cautions or
reprimands.‖82

Application Procedure

Initially, the application may be made online or through telephone. The

application asks the details of the victim, the residency status of the victim, details
of the incident regarding which ―compensation is being claimed for (date,
location, description), details of reporting the incident to the police (date, name of
police force), injury details, medical details (name of doctor), details of other
compensation received, details of criminal convictions of the applicant if any.‖83

78
Ibid.
79
Ibid.
80
Ibid.
81
Ibid.
82
Ibid.
83
Ibid.

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 Once the application is received, the CICA first reviews the eligibility
criteria regarding immigration. Once this criteria is fulfilled, the applicant will be
asked to sign a consent form in order to enable CICA to gather all information
including all types of evidence. This consent form has to be returned to CICA
within sixty days from the submitting of the initial application. The time required
by CICA to assess such claim will vary depending on the case and it may range
from two months to a few years for CICA to come up with an initial decision.
Such decision will not be made as long as the applicant does not recover from his
injuries. The cases are decided ―on the balance of probabilities, i.e. what is more
likely to have happened than not to have happened.‖84 Regarding the payment of
eligible claims, the CICA mentions that the applicants may expect to wait up to 12
months to receive the payment. Where the applicants are unhappy with the initial
decision, the can ask CICA to review its decision. Such review can be sought of:

i. A decision as to the determination of an award or its amount, including on

reopening;

ii. A decision to withdraw a determination;

iii. A final decision on reconsideration of an award;

iv. A final decision to require repayment or partial repayment of an award;

v. A decision not to extend a time limit;

vi. A decision in respect of medical evidence or a deduction; and

vii. A decision not to re-open an application.85

The decision on an application of review must be sent by the claims

officer who conducted such review. There is no further right to review the
decision of the review application. However, where an applicant is dissatisfied
with the review decision, or a determination on re-opening, ―may appeal to the
UK Tribunal service against that decision or determination in accordance with the
rules of the Tribunal.‖86 The Tribunal within 90 days from the date of the review

84
Ibid.
85
See Ibid.
86
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).

127 | Page
petition must be provided with the form and the evidences. The appeal at the
tribunal will be decided by a panel of three magistrate i.e. a judge, a medical
member and a lay member. The decision taken by the Tribunal will be final unless
an error of law is found by the High Court Judicial Review.

The Applicant while making an application may get assistance from

charitable organizations and Victim Support87. Assistance may also be available
to the victims of crime from the ―applicant‘s local citizens advice service, a pro
bono solicitor, law centre or a trade union (if the applicant is a member).‖88

Fund

The funding of CICA is done by the government. In England and Wales,

the funding is done by the Ministry of Justice. In Scotland, the funding is done by
the Justice Directorate.

A fund called Hardship Fund also exists from which financial help is
provided to people who have suffered injuries of such nature which does not fall
within the framework of the Scheme. This fund provides temporary financial
relief to very low paid workers who because of a violent crime in England and
Wales are unable to work.

3.4.2 Victim Support Services in England And Wales

[Link] Code of Practice For Victims of Crime

The Code of Practice for Victims of Crime89 forms a key part of the wider
UK Government strategy to transform the CJS by putting the victims first and
making the system more responsive and easier to navigate. The Code sets out
services that the organizations in England and Wales must provide to the victims
of crime. This Code says that the victims of crime should be treated in a
respectful, sensitive, tailored and professional manner without discrimination of
any kind. Victims of crime should receive appropriate support to help them in

87
Victim Support is an independent charity in UK helping and working towards the betterment
of victims of crime
88
See available at [Link]
d57dad736f9c/file(Last visited on August 27, 2019).
89
The Code of Practice for Victims of Crime is issued by the Secretary of State for Justice under
section 32 of the Domestic Violence, Crime and Victims Act 2004. 479available at
[Link](Last visited on June 16, 2019).

128 | Page
order to cope and recover and be protected from re-victimization. The
organizations offering victim support services should in their websites have
information regarding the Code and the website should inform people as to which
pages on the governments‘ website be looked into. For the purposes of the Code, a
‗victim‘ is (i) a natural person who has suffered harm, including physical, mental
or emotional harm or economic loss which was directly caused by a criminal
offence; (ii) a close relative of a person whose death was directly caused by a
criminal offence.

Persons entitled to receive services under the Code of Practice for Victims of
Crime
The Code lays down that the victims of crime are entitled to receive
services if they have made an allegation to the police that they have suffered harm
(which includes physical, mental or emotional harm or economic loss) which
resulted directly from a criminal offence. Such allegations can be made on behalf
of the victims of crime. The Code also lays down provision for any person who
has witnessed such criminal offence, but is not a victim himself, to access services
under the Witness Charter, rather than this Code. The Code lays down that victims
of crime are entitled to access victim support services at any time, whether they
have reported a crime or not, and after the conclusion of the investigation and
prosecution. Also the victim of crime is entitled to access services regardless of
whether anyone has been charged or convicted of a criminal offence and
regardless of whether he decides that he does not want to cooperate with the
investigation. Provision for enhanced entitlements are provided to the victims of
the most serious crime90, persistently targeted victims91 and vulnerable or
intimidated victims92. A person can be entitled to enhanced services under more

90
A person is a victim of the most serious crime if he is a close relative bereaved by a criminal
offence, a victim of domestic violence, hate crime, terrorism, sexual offences, human
trafficking, attempted murder, kidnap, false imprisonment, arson with intent to endanger life
and wounding or causing grievous bodily harm with intent.
91
A person is a persistently targeted victim if he has been targeted repeatedly as a direct victim
of crime over a period of time, particularly if he has been deliberately targeted or he is a
victim of a sustained campaign of harassment or stalking
92
A person is a vulnerable victim if he is under 18years of age at the time of the offence or when
the quality of his evidence is likely to be affected because he suffers from mental disorder
within the meaning of the Mental Health Act 1983, has a significant impairment of
intelligence and social functioning or has a physical disability or is suffering from a physical
disorder.

129 | Page
than one category at the sametime. It is the responsibility of the relevant service
provider to take the final call on whether the victim falls into one or more of the
three categories.

The Code also provides that the bereaved close relatives93 of the victims of
crime (deceased) are entitled to receive services under this Code as victims of the
most serious crime. In situations where the victim of crime suffers disability, or
have been so badly injured as a result of a criminal offence that makes him unable
to communicate, the victim of crime himself or his close relatives are entitled to
nominate a family spokesperson who will act as a single point of contact in order
to receive services under the Code. In cases where the victim of crime is under the
age of 18, the victim himself and usually the victim‘s parent or guardian are
entitled to receive services under the Code94.

Support victims must get

The Code provides that the victims of crime, including bereaved close
relatives, should have access to information on the range of victim support
services that are available to them. The victim support services may be provided
by locally or nationally commissioned organizations. The service providers must
communicate with the victims of crime in simple and accessible language, taking
appropriate measures (e.g. Easy Read, braille or the use of a registered
Intermediary) to assist them to understand and be understood. If the victim of
crime in his first contact with the police, needs assistance to understand or be
understood because of the impact of the crime, he is entitled to be accompanied
by a person of his choice unless the police considers that it would be contrary to
his interests or prejudicial to the investigation or prosecution.

The Code lays down the following types of support that the victims can
get:

93
If a family is bereaved as a direct result of a criminal offence, the deceased‘s close relatives
are entitled to nominate a family spokesperson to act as the single point of contact to receive
services under the Code. If the close relatives cannot choose a family spokesperson, the
Senior Investigating Officer working on the case must choose the family spokesperson.
94
Unless the victim‘s parent or guardian is under an investigation or has been charged by the
police in connection with the crime or if in the reasonable opinion of the service provider
involved it is not in the best interests of the victim that his parent or guardian should receive
such services.

130 | Page
  A victim should be able to get an assessment to find out what support he
might need

 A victim should be able to have his details passed to organizations that

give help and support to victims of crime unless if he does not want them.

 A victim should be able to get information about what to expect.

 A victim should be able to get information about what the police are doing

 A victim should be able to make a victim personal statement about the

crime.

 A victim should be able to ask the Crown Prosecution Service (CPS) to

look at things again if he is not happy with what they decide

 A victim should be able to know what is happening about the trial and
sentence.

 A victim should be able to get help or support to go to court and give

evidence.

 A victim should be able to apply for compensation.

 A victim should be able to know about restorative justice which means

getting the victim and the offender to try and find a way forward instead of
just punishing the offender for the crime.

 A victim should be able to complain if he does not get the information and
support he should get

Extra support services are available to: (i) a victim of serious crime95, (ii) a
victim if vulnerable or being threatened96 , (iii) Someone who is a victim of lots of
crimes97. The criminal justice agencies will decide at the time of assessing the

95
Victim of serious crime includes rape and other sex offences; being abused by someone with
whom the victim lived; human trafficking; crimes that mean to hurt the victim badly like
terrorism, attempted murder or grievous bodily harm.
96
Vulnerable or threatened victims are (i) under 18 years old when the crime happens; (ii)
people who find it hard to give evidence because of their mental health or a mental or physical
disability, (iii) scared to give evidence because of who they are, the type of crime or what
people say to them
97
People who are victims of lots of crimes are: (a) victims of different crimes over a long time,
like stalking or harassment;

131 | Page
needs of the victims of crime whether they need extra support or not. These extra
support services are:

 Getting help in giving evidence in court

 Having information about special services

 If the case was closed without anyone being charged, the victim be asked
if he wants to know if the police are going to look at the case again. The
police will have to take into account the views of the victim.

 Say if the victim wants to know if no one is charged.

In cases where someone in the family is killed in a crime, the following

support can be availed:

 a Family Liaison Officer (a police officer who is trained to support the

victim and be a link to the police).

 a clear information about coping when someone dies and about the
services that can support the victim

3.5 VICTIM COMPENSATION IN INDIA STATES

The Indian Constitution has several provisions which endorse the principle
of victim compensation. The constellation of clauses dealing with Fundamental
Rights (Part III) and Directive Principles of State Policy (Part IV) laid the
foundation for a new social order in which justice, social and economic, would
flower in the national life of the country (Article 38). Article 41, which has
relevance to victimology in a wider perspective, mandates, inter alia, that the state
shall make effective provision for ―securing public assistance in cases of
disablement and in other cases of undeserved want‖. Surely, crime victims and
other victimized people swim into the haven of Article 41. Article 51-A makes it a
fundamental duty of every citizen of India ―to protect and improve the natural
environment … and to have compassion for living creatures‖ and ―to develop
humanism‖. If empathetically interpreted and imaginatively expanded, we find
here the constitutional beginnings of victimology. Further, the guarantee against

132 | Page
unjustified deprivation of life and liberty (Article 21) has in it elements obligating
the state to compensate victims of criminal violence.

Victimology was introduced at an early stage in India. 98―An article on

compensation orders had already been published there in 1965, and a seminar on
―Criminal Law and Change of Modern Society‖, held in 1969, contained a session
on compensation for crime victim.‖99 At the First International Symposium on
Victimology which was held in Israel in the year 1973, an Indian participant made
a presentation on compensation for victims.100 It reflected the interest on
victimology that existed at that time in India. In 1970‘s, ―some studies on
victimization were conducted in India, especially on victims of dacoity (gang
robbery) (Singh 1978, 1985).‖101 In India, the early studies on victims were on
―victims of dacoit gangs (i.e. gangs of armed robbers) in the Chambal valley
(Singh, 1978); victims of homicide; and victims of motor vehicles accidents.
Singh and Jatar (1980) studied whether compensation paid to victims of dacoits in
Chambal Valley was satisfactory or not.‖102 It was since 1980‘s that studies in the
field of Victimology have been conducted by scholars in India and have been
published.103 For the first time in India, in the year 1984 the Department of
Criminology of the University of Madras under the guidance of Prof. Kumaravelu
Chockalingam organized ―an exclusive three day seminar on Victimology was
organized involving researchers, academics and practitioners from the CJS.‖104

In India, the Indian Society of Victimology (ISV) was established in 1992.

The ISV was ―founded to discuss the problems of victims, to disseminate

98
See [Link], The development of victim support and victim rights in Asia in Support For
Victims Of Crime In Asia, 113, 113 (W-C Chan ed.,2008).
99
as cited in [Link], The development of victim support and victim rights in Asia in Support For
Victims Of Crime In Asia, 113, 113 (W-C Chan ed.,2008).
100
See [Link], The development of victim support and victim rights in Asia in SUPPORT FOR
VICTIMS OF CRIME IN ASIA, 113, 113 (W-C Chan ed.,2008).
101
as cited in [Link], The development of victim support and victim rights in Asia in SUPPORT
FOR VICTIMS OF CRIME IN ASIA, 113, 113 (W-C Chan ed.,2008).
102
[Link], Measure For Crime Victims In The Indian Criminal Justice System,
available at
[Link] visited on
August 17, 2019).
103
See Id
104
Chockalingam, supra note 516.

133 | Page
knowledge and awareness of the plight of crime victims and to mobilize support
for creating a new law for victims.‖105 Since then ISV has been carrying out
national conferences on subjects of interest in the field of victimology. ―The
major contribution of the ISV to the advancement of victimology in India was the
organization of a workshop to draft a Victim Assistance Bill.‖106 This Bill was
drafted with the support of the National Law School of India University,
Bangalore under the leadership of Professor N. R. Madhava Menon and the
National Human Rights Commission (NHRC) under the Chairmanship of former
justice of the Supreme Court of India, V.R. Krishna Iyer. The UN Commission on
Crime Prevention and Criminal Justice, Vienna, supported this initiative of the
ISV ―by writing to the Home and law Ministries of the Government of India to
encourage it to consider enacting a victim law, treating the draft bill on Victim
Assistance prepared by the ISV as a model.‖107

The Malimath Committee also felt that this draft bill of ISV ―is an
appropriate draft for initiating action.‖ The State Government of Tamil Nadu in
the year 1995 created a Victim Assistance Fund for the benefit of the crime
victims within the state. The then Chief Minister of Tamil Nadu ―announced in
the Legislative Assembly in April 1995 the introduction of a new scheme to
provide monetary assistance to certain categories of victim s of violent crime and
allocated ten million rupees as a first step for the scheme (Government of Tamil
Nadu, 1995; Government of Tamil Nadu, 1997).‖108 The Charter for Women
Victims of Crime and Violence, 2005109 ―provides a model for the Asian
region.‖110 The State of Tripura formulated a Victim Compensation Rules in the
year 2007.

At present in India, the States/UTs have enacted VCS, following the

insertion of Section 357A to CrPC by way of an amendment in the year 2008.

105
Ibid.
106
Ibid.
107
Ibid.
108
Ibid.
109
Charter for Women Victims of Crime, Institute of Social Sciences, New Delhi, at the instance
of the National Commission for Women of India, 13 January, 2005.
110
Waller, supra note 266, at 18.

134 | Page
Recently on October 14th, 2015, the MHA has introduced the CVCF Guidelines
to enable support to victims of various attacks.111

Before we study the VCS of the States/ UTs, there is a need to discuss the
recent development in the form of CVCF guidelines that came up with an aim to
reduce disparity in quantum of compensation amount notified by different States
for similar crimes.

3.5.1 CVCF GUIDELINES

The MHA on October 14th, 2015 did set up the CVCF. All State
Governments and UTs were requested to modify their VCS suitably. On July
13th, 2016, the MHA through a letter to all the Chief Secretaries of all State
Governments/ UT administrations informed that the CVCF guidelines have been
modified to provide one time grant to State/UTs instead of releasing fund on time
to time basis.112. The scheme is now known as the CVCF Guidelines-2016 and it
has come into force with effect from July 6th, 2016. The size of the CVCF will be
Rs.200 crore. The one time budgetary grant of Rs. 200 crore for CVCF has been
sanctioned out of the ―Nirbhaya Fund‖113 which is meant for tackling
crime/violence against women. The Joint Secretary (CS Division) MHA shall be
designated as the Administrator of the Fund. The CVCF shall be administered by
an Empowered Committee114chaired by the Additional Secretary (CS), MHA.

111
available at [Link] (Last visited on
September 17, 2019).
112
available at [Link] (Last
visited on August 28, 2019).
113
A corpus fund called ‗Nirbhaya Fund‘ has been set up by the government of India in 2013 for
supporting initiatives set up by the Government and NGOs working towards protecting the
dignity and ensuring safety of women in India.
114
The Empowered Committee shall consist of the following as Members:
i. Joint Secretary, Department of Expenditure, Ministry of Finance
ii. Joint Secretary, Ministry of Women and Child Development
iii. Joint Secretary, Ministry of Social Justice and Empowerment
iv. Chief Controller of Accounts, Home
v. Director (Finance), Ministry of Home Affairs
vi. Joint Secretary (UT Division) MHA
vii. Joint Secretary (CS Division) of MHA, Convenor.
In case of any exigencies, the Member may depute an officer of suitable seniority to
attend the Empowerment Committee, subject to prior approval of the Chairman. There
should be minimum quorum of 4 nominees including the Chairman to consider and
approve the proposals. The Chairman will have power to invite any additional person to
attend the meeting.

135 | Page
Objective of setting up of the CVCF:-

i. To support and supplement the existing VCS notified by States/UT

Administrations.

ii. To reduce disparity in quantum of compensation amount notified by

different States/UTs for victims of similar crimes.

iii. To encourage States/UTs to effectively implement the VCS notified by

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

Requirements that the State/ UT have to fulfill in order to access funds from
CVCF

a) The State/UT must notify the VCS as per provisions of section 357A of
CrPC.

b) The quantum of compensation notified should not be less than the amount
mentioned in the Annexure of the guidelines.

State /UT shall get one time grant from CVCF and the amount so received
shall be utilized by State/UTs for disbursements under their respective
VCS

c) Any expenditure incurred from the State Victim Compensation Fund to

assist the victims will be treated to be first spent from the non-budgetary
resource available in the State Fund. Budgetary grant received from the
Central Government/State Governments/UT Administration will be used
only after consuming the non-budgetary resource.

Activities of CVCF

The activities of CVCF will be

a) To obtain funds in MHA to supplement and support the VCS notified by

the States/UT administrations,

b) To provide special financial assistance up to Rs. 5 Lakhs to the victims of

acid attack to meet treatment expenses over and above the compensation
paid by the respective States/UTs.

136 | Page
Procedure regarding approval and release of funds from CVCF

a. States/UTs will get one time grant from CVCF to support the victim
compensation to the eligible victims following the procedure and
timeframe provided in their respective schemes. The grant will be
credited to Consolidated Fund of respective States/UTs.

b. The State Governments/UT Administrations shall submit periodic

reports regarding implementation of their respective VCS.

c. The empowered Committee shall normally meet once in a year, or

sooner, if required, to assess the functioning of State/ UT VCS

d. UT Administrations shall route their reports through UT Division,

MHA.

e. The Empowered Committee shall have the power and the authority to
seek further reports from the concerned States/ UTs.

The guideline 2016 says that there is no need for bank account and receipt
of contributions from the public115

Information relating to all activities of the CVCF

The information relating to all activities of the CVCF along with the
relevant FAQs will be uploaded on the web site of the MHA and also by the
State/UT Governments, in their respective web sites. The respective
Ministry/State Governments will answer RTI or other queries related to the
implementation and utilization of funds made available to them for the activities
under this scheme. The CS division of the Union Home Ministry administratively
concerned with the CVCF shall monitor the utilization of funds received by the

115
The guidelines of 2015 under the heading of bank account and receipt of contributions from
the public provided that the contributions from Corporates and Public shall be received
through a single bank account opened in the State Bank Of India, Central Secretariat Branch,
North Block, New Delhi, favouring ―The Central Victim Compensation Fund (CVCF). The
Bank Account will be operated jointly by the Administrator of this Corpus Fund and the Chief
Controller of Accounts, Ministry of Home Affairs. The donations into the corpus fund could
be received through online payments through net banking, or by debit/ credit cards or cheque
or demand draft. In such cases, the donor shall receive an automated, digitalised signed receipt
from the State Bank Of India, Central Secretariat Branch, North Block, New Delhi.

137 | Page
State Governments/ UT Administrations and shall provide yearly Report to the
Additional Secretary (CS).

Minimum amount of compensation for certain injuries and losses provided by

the CVCF

Below in Table 3.3 is provided the minimum amount of compensation as

laid down by the Guideline in its Annexure for certain injuries and losses.

Table 3.3

Minimum amount of compensation for certain injuries and losses as provided

in the Guidelines

Sl. Description of Injuries/Loss Minimum Amount of

No. Compensation
1. Acid attack Rs. 3 lakhs.
2. Rape Rs. 3 lakhs.
3. Physical abuse of minor Rs. 2 lakhs
4. Rehabilitation of victim of Human Rs. 1 lakh
Trafficking
5. Sexual Assault (Excluding rape) Rs. 50, 000
6. Death Rs. 2 lakhs
7. Permanent Disability (80% or more) Rs. 2 lakhs.
8. Partial Disability (40% to 80%) Rs. 1 lakh
9. Burns affecting greater than 25% of the Rs. 2 lakhs
body (excluding Acid Attack cases)
10. Loss of foetus Rs. 50,000.
11. Loss of fertility Rs. 1.5 lakhs

However, it is also mentioned that if the victim is less than 14years of age,
then the compensation shall be increased by 50% over the amount specified
above.

138 | Page
Amount approved for the VCS of all States/UTs under the CVCF
Table 3.4
Amount approved for States/ UTs under the Guidelines
[Link] Name of States Amount Allocated (in Lakh)
1. Andhra Pradesh 662
2. Arunachal Pradesh 33
3. Assam 860
4. Bihar 722
5. Chattisgarh 685
6. Goa 50
7. Gujarat 390
8. Haryana 550
9. Himachal Pradesh 120
10. Jammu & Kashmir 170
11. Jharkhand 450
12. Karnataka 995
13. Kerala 760
14. Madhya Pradesh 2180
15. Maharashtra 1765
16. Manipur 34
17. Meghalaya 50
18. Mizoram 48
19. Nagaland 10
20. Odisha 1060
21. Punjab 410
22. Rajasthan 1545
23. Sikkim 23
24. Tamil Nadu 565
25. Telangana 590
26. Tripura 115
27. Uttar Pradesh 2810
28. Uttarakhand 125
29. West Bengal 1265
Total States 19042
30. Andaman & Nicober Islands 15
31. Chandigarh 23
32. Dadra & Nager Haveli 10
33. Daman & Diu 10
34. Delhi UT 880
35. Lakshadweep 10
36. Puducherry 10
Total UT(s) 958
Total All India 20000
Table 3.4 shows the amount of money approved for the States/UTs under
the Guidelines.

139 | Page
3.5.2 VCS OF STATES/UTs
The VCS of States/ UTs have laid down their own eligibility criteria for
grant of compensation, procedure for grant of compensation, limitation period for
filing claims for grant of compensation etc. These schemes also provided amount
of compensation to be paid for particular kind of injury/ loss. These rates of
compensation for various injuries or losses varied across the VCS of the States/
UTs. Concern had been raised time and again regarding such disparity. Many of
the VCS116 reflect the direction given by the Supreme Court of India in the case of
Laxmi v. Union of India & Others117. In this case the Court directed that the acid
attack victims shall be paid compensation of at least Rs. 3 Lakhs by the concerned
State Government/ UT 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/UTs) to facilitate
immediate medical attention & expenses in this regard. The balance sum of Rs. 2

116
Bihar, Chattisgarh, Haryana, Kerala, Meghalaya, Punjab, Uttar Pradesh, Madhya Pradesh,
Telangana, Sikkim (The researcher could not find a copy of the amendment. However, the
website of the government mentions quantum of compensation.), Tripura (The VCS scheme
available in the website of the Tripura State Legal Services Authority does not provide the
amendment to the Schedule. However, the amendment to the Schedule is available at
[Link] in/sites/default/files/[Link] (Last visited on August 8, 2019),
Kolkata (The researcher could not find a copy of the amendment to the Schedule post Laxmi‘s
case. However, in the case of Sabana Khatun v. The State of West Bengal, [Link]. 34704 (w)
of 2013, the learned counsel for the State produced a written instruction, received from the
Joint Secretary to the Government of West Bengal to the Government of West Bengal,
Department of Home and submitted that the State Government never intended to disobey the
Apex Court‘s order and further submitted that in this State already a scheme being the West
Bengal Victim Compensation Scheme, 2012 is existing covering compensation for Acid
Attacked victim and now in terms of the decision of the Hon‘ble Apex Court in the case of
Laxmi vs Union of India & Ors.(supra), the State Government is going to amend the existing
scheme so far as the quantum of compensation for acid attacked victims are concerned. In this
regard, he also handed over an order issued by the State Government of West Bengal, notified
in Extraordinary Kolkata Gazette on November 30, 2013. It is contended according to the
Sub-Section (2) of Section 357A CrPC., a victim is entitled to compensation only when her
case is recommended by a Court of Compensation or Legal Services Authority and not by
approaching the State Government straight way and only entitled to that much of
compensation as has been prescribed in the schedule of the scheme and here in this case, the
victim not being referred either by a Court of Compensation or by the Legal Services
Authority her claim cannot be sustained. He heavily insisted that no order be passed for
payment of compensation to the writ petitioner till the existing scheme that is the West Bengal
Victim Compensation Scheme, 2012 is suitably amended in terms of the order of the Hon‘ble
Supreme Court.
117
Writ Pettition (CRL.) NO. 129 of 2006

140 | Page
Lakhs shall be paid as expeditiously as may be possible and positively within two
months thereafter.

The Supreme Court of India in the case Tekan Alias Tekram v. State of
Madhya Pradesh (Now Chattisgarh)118, observed that on perusal of the VCS of
different States and the UTs, it is clear that no uniform practice is being followed
in providing compensation to the rape victim for the offence and for her
rehabilitation. It also observed that the States and UTs should consider and
formulate a uniform scheme specifically for the rape victims in the light of the
scheme framed in the State of Goa which has decided to give compensation up to
Rs 10,00,000/-.

Post the coming of the CVCF guidelines in 2015, many States119 amended
their existing quantum of compensation and provided compensation as per the
guidelines.

In the 14th All India Meet of the State Legal Services Authorities held on
April, 2016 at Hyderabad, Telangana, concern was raised about the huge
difference in the rates of compensation fixed by the VCS of different States for
various injuries.

The Supreme Court of India on May 26th, 2016 issued notice to all States
and UTs in an application filed by Senior Advocate Indira Jaising seeking
information about compensation given to rape victims. Jaisingh argued that there
is neither uniformity in the fixation of compensation among States nor a settled
mechanism for uniform disbursement of money.120 She even highlighted the fact
that ―in some States, the compensation was a paltry `50,000 in some others it was
`10 lakh. There is also no certainty that compensation would be awarded. In one
recent case, the apex court had to direct the West Bengal government to pay `5
lakh to a Dalit woman who was gang-raped.‖121 An interesting remark was made
by the Bench when Justice Chandrachud said that a national model ‗covering the

118
Crim. Appeal No 884 of 2015.
119
Assam, Gujarat, Chandigarh.
120
available at [Link]
formulate-victim-compensation-schemes/(Last visited on August 8, 2019).
121
available at [Link]
[Link](Last visited on August 8, 2019).

141 | Page
issue‘ was desirable so that it is not left to each state to formulate its own Scheme
under Section 357A.122 The Supreme Court asked the Centre to frame a uniform
national policy to financially compensate the rape victims, while terming the
Nirbhaya Fund merely a lip service. Justice [Link] said that there was too much
dichotomy and contradiction among States regarding compensation schemes for
rape survivors. The Bench issued notice to the Centre, States and UTs on the
question of effective implementation of section 357A of CrPC. The Bench
observed orally that setting up of Nirbhaya Fund is not enough. The Union Of
India must ensure that adequate relief is being provided to the victims of sexual
offences.123

The Central Government through the CVCF Guidelines, 2016, has asked
the States/ UTs to provide compensation as laid by the guidelines in its Annexure.
However, many of VCS provide compensation higher than what is laid down in
the Annexure of the guidelines, 2016.

Below is discussed the key provisions of the VCS (that came up post
insertion of section 357A in CrPC) of the States and UTs124. In the light of the
above mentioned developments, the study regarding the various VCS will focus
on the key provisions like setting up of victim compensation fund, eligibility
criteria for grant of compensation, procedure for grant of compensation, limitation
period and any other unique features of the scheme.

ANDHRA PRADESH

Name of the Scheme

The Andhra Pradesh Victim Compensation Scheme, 2015125

Definition of key terms

According to the scheme, the term victim means as defined under section
2 (wa) of CrPC, including victim who is sexually exploited for commercial

122
available at [Link]
victim-compensation-schemes/(Last visited on August 8, 2019).
123
available at [Link]
victims-supreme-court/[Link](Last visited on August 8, 2019).
124
The researcher could not study the victim compensation scheme of the Andaman and Nicobar
Islands as the scheme was not available at the website of Andaman and Nicobar Islands State
Legal Services Authority.
125
available at[Link]

142 | Page
purposes, trafficking, sufferer of acid attack and also a dependent who is leading
life on the income of the victim and who requires rehabilitation.

The term dependent is defined under the scheme to mean wife/husband,

father, mother, unmarried daughter, minor children and includes other legal heir
of the victim who, on providing sufficient proof, is found fully dependent on the
victim by the DLSA

According to the scheme, family means parents, children and includes all
blood relations living in the same household.

Victim Compensation Fund

The scheme provides for constituting a victim compensation fund

by the State Government. Every year the state government shall allot a separate
budget/grant for the scheme. This should be equivalent to the expenses incurred
previous year or basing on the probable expenditure requested by the SLSA.
Apart from it the fund shall be credited by:

i. budgetary allocation made by the Government;

ii. all grants, subventions, donations and gifts made by the Central
Government, State Government, any local authority or anybody
whether incorporated or not or any person;

iii. receipts of amount of fines imposed under section 357 of CrPC and
ordered to be deposited by the courts in the fund;

iv. amount of compensation recovered from the wrongdoer/accused

under clause 13126 of the scheme.

v. donations/contributions from international/national/Philanthropist/

Charitable institution/Organization and individuals.

vi. all other sums received by or on behalf of the victims

compensation from any source what so ever.127

126
Clause 13 lays provision for recovery of compensation in case of fraud
127
available at [Link]

143 | Page
Emergency Fund

The scheme has a provision for the constitution of an Emergency Fund by

the State Government by allocating from the Victim Compensation Fund such
amount as it thinks proper. The Emergency Fund shall be operated by the
concerned Commissioner of Police/District Superintendent of Police/
Superintendent of Railway Police for providing quick and immediate Medical
Assistance to the victim of serious injuries. The fund shall be released on the
report of the concerned Station House Officer.

Eligibility criteria for the victim or his dependent for receiving compensation

1. Where the offender is not traced or identified, but the victim is identified,
and where no trial takes place, such victim may apply for grant of
compensation under sub section (4) of section 357A of CrPC;

2. The victim/claimant reports the crime to the officer-in-charge of the police

station or any senior police officer or Executive or Judicial Magistrate of
the area within 48 hours of the occurrence.

3. The offender is traced or identified, and where trial has taken place, the
victim/claimant has co-operated with the police during the investigation
and trial of the case;

4. The victim/claimant shall co-operate with the police and prosecution

during the investigation and trial of the case;

5. The income of the family should not exceed Rs.4.5 lakh per annum.

6. The crime on account of which the compensation to be paid under this

scheme should have been occurred within the Jurisdiction of the State of
Andhra Pradesh.128

Procedure for granting compensation

(1) Whenever a recommendation is made by the Court or on an application by

any victim or his dependent under sub section (2) of section 357A of CrPC
to the DLSA, the said Authority shall examine the case and verify the
contents of the claim with regard to the loss or injury caused to the victim
arising out of the reported criminal activity and the DLSA may call for any
128
Ibid.

144 | Page
 other relevant information necessary in order to determine genuineness of
the claims. After verifying the claim and on enquiry, shall award
compensation within two months, in accordance with the provisions of the
scheme.

(2) While granting compensation under this scheme an undertaking shall be

obtained from the victim/ claimant to the extent that in case of granting
subsequent compensation by the Court under section 357 (3) of CrPC or
under any other law, the victim/claimant to remit the excess amount
received as compensation under Sec. 357A of CrPC.

(3) The DLSA shall decide the quantum of compensation to be awarded to the
victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including incidental charges such as funeral
expenses etc. The compensation may vary from case to case depending on
facts of each case.

(4) The quantum of compensation to be awarded under the scheme to the

victim or his dependents shall not exceed the maximum limit as per the
schedule appended to this scheme and shall be disbursed to the victim or
his dependents, as the case may be, from the VCF by the DLSA in case of
concerned Revenue District through a cheque with a copy to the Member
Secretary, Andhra Pradesh SLSA with a copy to the Jurisdictional Court
with Crime Number, Name of the Police Station, Calendar
Case/Preliminary Register Case/Sessions Case Number.

(5) Compensation received by the victim from the State/Insurance company or

any other institution in relation to the crime in question, namely,
insurance, ex-gratia and/or payment received under any other Act/G.O/or
State-run Scheme including the compensation awarded by the
State/National Human Rights Commissions or any Court/Commission
shall be considered as part of the compensation amount under this scheme
and if the eligible compensation amount is more than the payments
received by the victim from collateral sources mentioned above, the
balance amount shall be paid out of the Fund. In case of SCs & STs, the

145 | Page
 amount of compensation under this scheme is besides the
compensation/benefits available to them under other Government
schemes/orders.

(6) In fixing the quantum of compensation, regard must be had to the

Minimum Wages Act, Fatal Accidents Act and the schedule to the Motor
Vehicle Act, 1988.

(7) The cases covered under the Motor Vehicle Act, 1988 (Central Act No 59
of 1988) wherein compensation is to be awarded by the Motor Accident
claims Tribunal, shall not be covered under the scheme.

(8) The State/DLSA, 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 Magistrate of the area
concerned, or any other interim relief as it may deem fit.

(9) The State/DLSA shall take into consideration of the series of surgeries
undergone/to be undergone by the victim of acid attack and shall award
the actual medical expenditure incurred/to be incurred.

(10) The State / DLSA shall take into consideration of the interim
compensation of the Emergency Fund that was awarded to the victim
while passing the final award.

(11) The State/ DLSA shall not allow any participation or representation by a
legal practitioner or any other person or Institution or Non-Governmental
Organization on behalf of the Victim/Claimant.

(12) The State/ DLSA shall take into consideration the trauma undergone by a
victim of commercial sexual exploitation, trafficking (VOCSET) and the
victim of the Acid attacks and the trauma undergone by a bonded labour
/child labour in awarding compensation. The Authority shall take into
consideration the aspects of rehabilitation, reintegration and restoration of
the VOCSE129

129
Ibid.

146 | Page
Interim relief to victims of acid attack

The scheme provides that the victims of acid attack shall be awarded relief
by the State or the DLSA under sub-section (6) of section 357A of CrPC as the
after case rehabilitation cost on the certificate of the officer in charge of the Police
Station or the Magistrate of the area concerned.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of twelve months from the occurrence
of the crime after which no claim made by the victim or his dependents shall be
entertained. However, if the DLSA is satisfied for reasons to be recorded in
writing, may condone such delay in making the claim.

Recovery of compensation awarded

The scheme provides for the recovery of compensation granted to the

victim or his dependent from the person responsible for causing such loss or
injury. Such recovery can be made by the DLSA represented by its Secretary by
instituting proceedings before the competent court of law.

Recovery of compensation in case of fraud

The scheme provides that if a victim or his dependent obtains an order of

compensation basing on false/ vexatious/ fabricated complaint, the compensation
so paid shall be recovered with an interest of 12% per annum. The District
Collector shall implement such order/ award as arrears of land revenue and the
same be credited to the victim compensation fund of the respective DLSA.

ARUNACHAL PRADESH

Name of the Scheme

The Arunachal Pradesh Victim Compensation Scheme, 2011130.

Definition of key terms

The term victim is defined as any person who himself or herself suffered
loss or injury as a result of crime and requires rehabilitation.

130
Available at [Link]
[Link](Last visited on July 15, 2019).

147 | Page
 The term dependent is defined to mean and includes those who at the time
of the deceased‘s death was either the spouse or a natural parent or a child of the
deceased.

Victim Compensation Fund

The scheme provides for the constitution of a victim compensation fund.

The State Government shall from time to time provide funds/grants/allocations.

Eligibility criteria for the victim or his dependent for receiving compensation

1. 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, for which the applicant or his
dependents shall file a declaration to that effect along with the
application form as set out in the Annexure –II of the Scheme.

2. The loss or injury sustained by the victim or his dependents should

have caused substantial loss to the income of the family making it
difficult to make both ends to meet without the financial aid or which
requires such expenditure beyond his means on medical treatment of
such mental/physical injury to the victim.

3. Where the offender of the crime is untraceable or cannot be identified,

but the victim is identifiable, the victim or his dependents may also
apply for grant of compensation under sub-section (4) of section 357A
of the CrPC, 1973.

4. Where the trial court at the conclusion of the trial is satisfied that the
compensation awarded under section 357 of the CrPC is not adequate
for rehabilitation, or where the case end in acquittal or discharge and
the victim is to be rehabilitated and has therefore recommended a
higher compensation.

Procedure for granting compensation

1. Under the scheme, the victim or his dependents shall, as soon as an

FIR is filed, apply for compensation in the specified format as at the

148 | Page
 Annexure-1131to the area Superintendent of Police or the Judicial
Magistrate along with the supporting documents, who shall on receipt
of such application forward the same to the DLSA certifying the
eligibility of such claims.

2. On such application being made by any victim or his dependents under

sub- section (4) of section 357 A of the CrPC, 1973 to the DLSA, it
shall examine the case and get verified the contents of the claim with
regard to the assessment of such loss or injury caused to the claimant
by a competent medical Board constituted for the purpose and it may
also call for any other relevant as deemed necessary for consideration
of the claim from the concerned authority. Thereafter, the DLSA will
submit its recommendations for compensation to the SLSA.

3. The Medical Board as referred in para (ii) above shall be constituted

by the District Medical Officer on the requisition of DLSA and shall at
least consist of not less than two medical officers possessing special
knowledge in the subject.

4. The application so received by the DLSA will be duly examined and

forwarded to the SLSA with its recommendations a period of 30
(Thirty) days or which may be liable to be extended in case of extreme
necessity.

5. The DLSA may in urgent and extreme necessity in order to alleviate

the suffering of the victim, order for immediate first aid facility or
medical benefit not below the rank of Superintendent of Police or such
interim relief whether in cash or kind as it deem fit from its own
resources which shall be deducted from the final amount of
compensation to be awarded by the SLSA.

6. The amount of compensation shall be decided by the SLSA based on

standard criteria given in the Schedule-I within a period of 30 (Thirty)
days or which may be liable to be extended in case of extreme
necessity.

131
Application Form for assistance to the victim or the dependents of the victims of the crimes
under section 357A of CrPC.

149 | Page
 7. Enhanced compensation if required on the recommendations of the
trial courts may be awarded at the end of the trial for which the SLSA
may initiate actions accordingly.

Recovery of compensation awarded

The SLSA, if deemed fit, may on receipt of the order the trial court, if any
as to the enhancement of the compensation of the victim or his dependent should
be paid by the perpetrator of crime may in case, compensation is not instantly paid
institute proceedings before a competent court of law in consultation with the
office of the concerned public prosecutor for recovery of compensation granted to
the victim or his dependents. The amount so recovered shall be deposited in the
Victim Compensation fund and thereafter be paid to the victim or his dependents,
as the case may be.

Limitation period for filing a claim of compensation

The scheme also lays down a limitation period of one year from the
occurrence of the crime for victim or his dependents to file a claim for
compensation. Provided that the DLSA may if satisfied, for reasons to be recorded
in writing, condone the delay in filing the claim.

ASSAM

Name of the Scheme

The Assam Victim Compensation Scheme, 2012132

Definition of key terms

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.

Victim Compensation Fund

The Scheme provides for the constitution of a Victim Compensation Fund

from which compensation shall be paid to the victim or his/her dependents who

132
available at[Link] visited on
August 8, 2019).

150 | Page
have suffered loss or injury as a result of a crime and who require rehabilitation.
The State Government shall allot a separate budget for the purpose of the scheme
every year.

Eligibility criteria for the victim or his dependents for receiving compensation

1. Loss or injury sustained by the victim or his dependents should have caused
substantial loss to the income of the family making it difficult to meet their
both ends without the financial aid or has to spend beyond his means on
medical treatment of mental/physical injury and a recommendation is made
by Court for compensation.

2. The victim/dependents report the crime to the Officer-in-Charge of Police

Station or Judicial magistrate of the area promptly, provided that the
DLSA, if satisfied, for the reasons to be recorded in writing, may condone
the delay in reporting.

3. The victim/dependents co-operates with the police and prosecution during

the investigation and trial of the case.

4. Where the perpetrator of heinous crime is not traceable or goes unpunished

after trial, but the victim is identifiable and the victim has to be
rehabilitated physically and mentally, such victim may also apply for grant
of compensation under sub-section (4) of section 357A of the CrPC.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court or an application is

made by any victim or his dependents under sub-section (2) of section
357A of the Act, to the SLSA or the DLSA, as the case may be, the said
Authorities respectively shall examine the case and verify the contents of
the claim with regard to the loss or injury caused to victim and arising out
of the reported criminal activity and may call for any other relevant
information necessary in order to determine genuineness. After verifying
the claim, the DLSA or the SLSA, as the case may be, shall , after due
inquiry, award compensation within two months, in accordance with
provisions of this Scheme.

151 | Page
2. Compensation under this Scheme shall be paid subject to the condition
that if the trial court while passing judgement at later date, orders the
accused persons to pay any amount by way of compensation under sub-
section (1)(b) of section 357 of the Act, the victim / dependents shall remit
an amount of compensation, or the amount ordered equal to the amount of
compensation, or the amount ordered to be paid under sub-section (3) of
section 357 of the Act, whichever is less. An undertaking to this effect
shall be given by the victim/dependents before the disbursal of the
compensation amount.

3. The DLSA shall decide the quantum of compensation to be awarded to

the victim or these dependents on the basis of loss caused to the victim,
medical expenses to be incurred on treatment, minimum sustenance
amount required for rehabilitation including such incidental charges as
funeral expenses etc. The Compensation may vary from case to case
depending on facts and circumstances of each case.

4. According to the schedule of this Scheme, the quantum of compensation

to be awarded under the scheme shall be disbursed to the victim or his
dependents, as the case may be, from the Fund.

5. Compensation received by the victim from the Central Government, State

Government, insurance company or any other institution in relation to the
crime in question namely, insurance, ex-gratia and / or payment received
under any other Act or State-run scheme, shall be considered as part of the
compensation amount under this scheme and if the eligible compensation
amount exceeds the payments received by the victim from collateral
sources mentioned above, the balance shall be paid out of the Fund.

6. In fixing the quantum of compensation, regard must be had to the

minimum wages and schedule to Motor Vehicle Act, 1988.

7. The State or the DLSA, 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 Magistrate of the area concerned

152 | Page
 or any other interim relief as it may deem fit.

8. The compensation to the victim under this scheme shall not exceed the
maximum amount prescribed in the Schedule.

9. State Government may review the maximum limit of compensation

indicated in the Schedule by issuing official notification from time to time.

Limitation period for filing a claim of compensation

The Scheme provides a limitation period of six months from the

occurrence of the crime for the victim or dependents to file a claim for
compensation. However, the DLSA, if satisfied, for reasons to be recorded in
writing may condone the delay in filing the claim.

Provision for removing difficulty

The scheme laid down a provision wherein if any difficulty arises in

giving effect to any provision of this scheme, the State Government in the
Political Department may make such order, not inconsistent with the provisions of
the Act or this Scheme, as may appear to it to be necessary for the purposes of
removing the difficulty.

BIHAR

Name of the Scheme

The Bihar Victim Compensation Scheme, [Link] scheme of 2014

superseded The Bihar Victim Compensation Scheme, 2011.

Definition of key terms

The scheme defines victim as defined under section 2 (wa) of the CrPC.

The term dependent has been defined under the scheme to mean wife /
husband, father, mother, unmarried daughter, minor children, widowed daughter,
divorcee daughter, son and daughter-in-law‘s and includes other legal heir of the
victim who, on providing sufficient proof, is found fully dependent on the victim
by the DLSA.

133
available at [Link](Last visited on July 15, 2019).

153 | Page
 The scheme has also defined family to mean parents, children and includes
all blood relations living in the same household.

Victim Compensation Fund

The scheme provides for the constitution of a victim compensation fund

and that the fund shall consist of:

a) budgetary allocation for which necessary provision shall be made in

the annual budget by the State,

b) receipt of amount of fines imposed under section 357 of CrPC and

ordered to be deposited by the Courts in the fund,

c) amount of compensation recovered from the wrongdoer/ accused under

clause 7134 of the Scheme.

Eligibility criteria for the victim or his dependent for receiving compensation

a. A recommendation is made by the Court under sub sections (2) and (3)
of section 357A of CrPC or the offender is not traced or identified, and
where no trial takes place, such victim may also apply for grant of
compensation under sub-section (4) of section 357A of CrPC.

b. The victim/claimant report the crime to the officer in charge of the

police station or any Judicial Magistrate of the area within 48 Hours of
the occurrence.

Provided that the DLSA, if satisfied, for reasons to be recorded in

writing, may condone the delay in reporting.

c. The offender is traced or identified and where trial has taken place, the
victim/claimant has co-operated with the police and prosecution during
the investigation and trial of the case.

d. The crime on account of which the compensation is to be paid under

this scheme should have occurred within the jurisdiction of the State of
Bihar.
134
Clause 7 of the Scheme deals with Recovery of compensation awarded to victim from wrong
doer/accused. It says that the DLSA, if deem it proper, may institute proceedings before the
competent Court of law for recovery of the compensation granted to the victim or his/her
dependent(s) from the person responsible for causing loss or injury as a result of the crime
committed by him

154 | Page
Procedure for granting compensation

1) Whenever a recommendation is made by the Court under sub-section (2)

of section 357A of CrPC or an application is made by any victim or his
dependent under sub-section (4) of section 357A of CrPC to the DLSA,
such Authority shall examine the case and verify the contents of the claim
with regard to the loss or injury caused to the victim and arising out of the
reported criminal activity and may call for any other relevant information
necessary in order to determine genuineness of the claim. After verifying
the claim, the DLSA in accordance with the provisions of the scheme,
shall award compensation within two months. However, the scheme says
that the victim of an acid attack should be paid Rs. 1,00,000/- within
fifteen days of the information of occurrence and the rest amount of Rs.
2,00,000/- shall be paid within two months from the aforesaid payment.

2) The DLSA shall decide the quantum of compensation to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges as funeral
expenses etc. The compensation may vary from case to case depending on
the fact of each case.

3) The quantum of compensation to be awarded to the victim or his

dependents shall be as per Schedule.

4) The cases covered under Motor Vehicle Act, 1988 (59 of 1988) wherein
compensation is to be awarded by the Motor Accident Claims Tribunal,
shall not be covered under the scheme.

5) The DLSA, 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 Magistrate of the area concerned,
or any other relief, as it may deem fit.

6) Compensation received by the victim from the Central/State Government,

insurance company in relation to the in question, namely, insurance, ex-

155 | Page
 gratia and/or under any other Act or any other State run scheme, shall be
considered as part of the compensation amount under this scheme and if
the eligible compensation amount exceeds the payments received by the
victim from collateral sources mentioned above, the balance amount shall
be paid out of Fund.

Limitation period for filing a claim of compensation

The scheme has a limitation period of six months from the happening of
the crime for the victim or his dependents for making a claim under sub-section
(4) of section 357A of CrPC. However, if the DLSA, if satisfied, for reasons to be
recorded in writing, may condone the delay in filing the claim.

Provision for removing difficulty

The scheme also mentions that if any difficulty arises in giving effect to
any of the provisions of this scheme, the Government may, by order published in
the official gazette make such provisions not inconsistent with the provisions of
this scheme, as may appear to it to be necessary or expedient for removing the
difficulty.

CHATTISGARH

Name of the Scheme

Victim Compensation Scheme, 2011135.

Definition of key terms

The term victim has been defined to mean a person who himself has
suffered loss or injury as a result of crime and require rehabilitation and this
includes dependent family members also.

Victim Compensation Fund

The scheme lays down for the constitution of a Victim Compensation

Fund by the State Government.

135
available at [Link] visited on
August 8, 2019).

156 | Page
Eligibility criteria for the victim or his dependent for receiving compensation

a. Loss or injury sustained by the victim should have caused substantial loss
to the income of the family making it difficult to meet their both ends
without the financial aid or has to spend beyond his means on medical
treatment of mental/physical injury.

b. The victim/dependent should have reported a crime to the officer in-charge

of the Police Station/Executive Magistrate/Judicial Magistrate of the area
without undue delay.

c. The victim/dependent should co-operate with the police and prosecution

during the investigation and trial of the case respectively.

Procedure for granting compensation

1. Whenever a recommendation is made by a court under section 357 of

CrPC or an application is made by the victim or his dependent under sub
section 4 of section 357A of CrPC to the DLSA, the said authority shall
verify the facts and the claims after due enquiry and consultation with the
concerned Superintendent of Police and award compensation in
accordance with the provisions of the scheme by completing the enquiry
within two months.

2. The compensation under this scheme shall be paid subject to the condition
that if the trial court, while passing judgement at a later date, orders the
accused persons to pay any amount by way of compensation under sub-
section (3) of section 357 of CrPC the amount of compensation already
awarded by the DLSA shall be duly considered and adjusted. The
victim/claimant has to give an undertaking to this effect before the
disbursal of the compensation amount.

3. The DLSA shall decide the quantum of compensation to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation, keeping in view the minimum wages prevalent
at the time and including such incidental charges as funeral expenses etc.

157 | Page
 the compensation may vary from case to case depending on facts of each
case.
4. Compensation received by the victim in relation to the crime in question
from other sources namely insurance, ex gratia, payment received under
any other Act or scheme of Central/State Government shall be considered
as part of compensation amount under this scheme and shall be adjusted
against the compensation amount awarded under this Scheme.
5. The quantum of compensation to be awarded to the victim or his
dependents by the District/SLSA shall not exceed the upper limit as
provided in the schedule of this scheme.
6. The cases under the Motor Accident Claims Tribunal, shall not be covered
under the Scheme.
7. The DLSA, to alleviate the suffering of the victim, may order for
immediate first aid facility or medical benefits to be made available free of
cost or any other interim relief as it may deem fit on the certificate of the
police officer not below the rank of the office-in-charge of the police
station or the Executive Magistrate of the area concerned.
Recovery of compensation awarded
The SLSA, if deemed fit, shall institute a proceeding before the competent
court of law in consultation with the office of the district prosecution officer for
recovery of the compensation granted to the victim or his dependents from the
person/ persons responsible for causing loss or injury as a result of the crime
committed by him/ them. The amount so recovered shall be deposited in the
victim compensation fund.
Provision for providing medical treatment to the victims of acid attack
The scheme lays down that the victims of acid attack shall be provided
with medical treatment, specialized plastic surgery for short and long term in
specialized hospitals and specialized psychological and corrective treatment. The
State Government shall bear 100% expenditure incurred on such treatment of
victims of acid attack.136

136
These provisions were inserted in the Chhattisgarh Victim Compensation Scheme, 2011 by
way of an amendment in the year 2014.

158 | Page
Limitation period for filing a claim of compensation

The scheme lays down that no application of the victim or his dependents
under subsection (4) of section 357A of CrPC shall be entertained after a period of
one year from the date of suffering of loss / injury.

GOA

Name of the Scheme

The Goa Victim Compensation (First Amendment) Scheme, 2015137. This

scheme was framed to amend the Goa Victim Compensation Scheme, 2012138

Definition of key terms

The term victim means a person who has suffered loss or injury as a result
of the crime and who require rehabilitation.

Victim Compensation Fund

The scheme lays down provision for constituting a Victim Compensation

Fund. This fund shall be credited an amount which will be allocated by the
budgetary provision every year and it shall be operated by the District Collector.

Eligibility criteria for the victim or his dependent for receiving compensation

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 Collector for award of compensation if-

a. he has not been compensated for the loss or injury under any other scheme
of the Central or State Government, insurance company or any other
institution;

b. the loss or injury sustained by the victim has caused substantial loss of
income to his family making it difficult to meet their both ends without
any compensation.

137
available at [Link] visited on August 8, 2019).
138
available at [Link] visited on August 8, 2019).

159 | Page
Procedure for making application before the District Collector

An application for compensation to the District Collector needs to be made

in the prescribed form139alongwith the copy of the FIR/complaint, medical report,
death certificate, complaint made to the Court, newspaper report if any.

Rejection of the application

The District Collector may reject an application for compensation in the

following situations:-

1. the applicant has failed to take all reasonable steps to inform the police or
other body or person considered by the District Collector about the
circumstances giving rise to the loss or injury; or

2. the applicant failed to co-operate with the police or the Court to bring the
accused to justice; or

3. the applicant has failed to give all reasonable assistance to the District
Collector for deciding the application; or

4. the applicant has previously filed an application, in respect of the loss or

injury suffered as a result of the same crime under this scheme, for
compensation and such application is already granted or rejected or
pending adjudication.

5. the applicant, after having filed the complaint, willfully turned hostile in
the trial and has not supported the case of the prosecution;

6. the alleged crime prima-facie is collusive in nature and not based up on

verifiable facts.

7. any other reason deemed fit by the District Collector.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court or an application is

made by any victim or his dependent to District Collector, the said
authority shall, after holding enquiry, submit his findings to the
Government for awarding adequate compensation by completing the
139
Form ―I‖- Application for the award of compensation.

160 | Page
 enquiry within two months from the date of receipt of the application and
the Government shall decide the quantum of compensation to be payable
to the victim

2. The award of compensation under this Scheme shall be subject to the

condition that if later on the trial court while passing the judgment orders
the accused person to pay any amount by way of compensation under sub-
section (3) of section 357 of CrPC, the victim shall refund the amount of
compensation awarded under this scheme, or the amount of compensation
received in pursuance of the order passed under sub-section (3) of section
357 of CrPC, whichever is less. An undertaking in the prescribed form
shall be obtained from the victim before the disbursal of the compensation
amount under the scheme.

3. The Government shall decide the quantum of compensation to be awarded

to the victim or to his dependents on the basis of the loss or injury caused
to the victim as a result of the crime and his/their requirements of
rehabilitation.

4. The compensation awarded under this scheme shall be disbursed to the

victim or his dependents, as the case may be, from the Fund, by remitting
the same into the bank account specified in the application by the
victim/dependents.

5. In case where the victim or dependent is a minor, the amount of

compensation shall be released to the guardian or whoever has files the
application on behalf of such minor after the District Collector is satisfied
about the proper utilization of funds in the best interest of and for the
welfare of such minor.

6. The compensation already received by the victim or his dependents from

the insurance company or from the Government in relation to the crime in
question, including ex gratia and/or other payment received under any law
or under Central or State run Scheme, shall be treated as the compensation
to be received under this scheme exceeds the payment already received by
the victim from the sources mentioned above, the balance amount shall be
paid out of the fund to the victim.

161 | Page
 7. The cases covered under the Motor vehicles act, 1988 wherein the
compensation is to be awarded by the Motor Accidents Claims Tribunal,
shall not be covered under this scheme.

8. The District Collector, 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 it may deem fit.

Limitation period for filing a claim of compensation

An application for compensation under sub-section (4) of section 357A of

CrPC shall be made within one hundred and eighty days from the commission of
the crime. However, the District Collector may receive the application after the
said period if it is satisfied that the applicant was prevented by sufficient cause
from filing the application on time.

GUJARAT

Name of the Scheme

The Gujarat Victim Compensation Scheme, 2016140. Prior to this scheme

of 2016, the State of Gujarat had the Gujarat Victim Compensation Scheme, 2013.

Definition of key term

The term victim means a person who has suffered loss or injury as a result
of crime and requires rehabilitation and the expression victim includes his / her
dependents.

Victim Compensation Fund

The scheme provides for constituting a victim compensation fund from

which amount of compensation under this scheme shall be paid to the victim or
his / her dependents. The State Government of Gujarat shall allot a separate
budget for this scheme every year.

140
Available at
[Link]
_11-[Link](Last visited on July 15, 2019).

162 | Page
Eligibility criteria for the victim or his dependent for receiving compensation

a. The perpetrator of a heinous is not traceable or goes unpunished after

trial, but the victim is identifiable and has to incur expenses on
physical and mental rehabilitation, such victim may also apply for the
grant of compensation under sub-section (4) of section 357A of CrPC.

b. The offender is not traced or identified, but the victim is identified, and
where no trial takes place, such victim may also apply for grant of
compensation under sub-section (4) of section 357A of CrPC.

Procedure for granting compensation

The scheme provides procedure for granting compensation in two cases –

(i) procedure for grant of compensation other than acid attack, and (ii) procedure
for grant of compensation in cases of acid attack.

Regarding the procedure for grant of compensation other than in acid attacks, the
scheme lays down the following-

(1) Whenever a recommendation is made by the Court under sub-

sections (2) and (3) of section 357A of CrPC or an application is
made by any victim or his dependent under sub-section (4) of
section 357A of CrPC to the DLSA or the SLSA, as the case may
be, the DLSA or the SLSA shall examine the case and verify the
contents of the claim with regard to the loss or injury caused to
victim/claimant and arising out of the reported criminal act and
may call for any other relevant information necessary in order to
determine genuineness of the case and occurrence of the incidence.
The DLSA or the SLSA, as the case may be, shall award
compensation within two months, in accordance with the
provisions of this Scheme.

(2) The DLSA or the SLSA, as the case may be, shall decide the
quantum of compensation to be awarded to the victim or his
dependents on the basis of loss caused to the victim, medical
expenses incurred and to be incurred on treatment, minimum

163 | Page
 amount required for rehabilitation including such incidental
charges as funeral expenses, etc. The compensation may vary from
case to case depending on facts of each case.

(3) The compensation under this Scheme shall be paid subject to the
condition that if the trial court while passing judgment at later date,
order the accused persons to pay any amount by way of
compensation under sub-section (3) of section 357 of the CrPC, the
victim/claimant shall remit an amount equal to the amount of
compensation already paid, or the amount ordered to be paid under
the said sub-section (3) of section 357 of CrPC whichever is less.
An undertaking to this effect shall be given by the victim/claimant
before disbursal of the amount of compensation.

(4) The quantum of compensation decided by the DLSA or the SLSA,

shall be disbursed from the Fund to the victim or his dependents, as
the case may be.

(5) The compensation received by the victim from the State

Government in relation to the crime in question, namely, insurance,
ex gratia and/or payment received under any other Act or scheme
run by the State shall be considered as a part of the compensation
amount under this scheme and if the compensation amount granted
under this scheme exceeds the payments received by the victim
from collateral sources mentioned above, the balance amount shall
be paid out of the fund.

(6) The case covered under the Motor Vehicles Act, 1988 (59 of 1988)
wherein compensation is to be awarded by the Motor Accident
Claims Tribunal, shall not be covered under the scheme.

(7) The DLSA or the SLSA, 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

164 | Page
 the police station or Magistrate of the area concerned, or any other
interim relief as it may deem fit.

(8) The quantum of compensation to be awarded to the victim or his

dependents shall not exceed the maximum limit as specified in the
Schedule of the scheme

Regarding the cases of acid attack, the scheme lays down the following
procedure for grant of compensation:-

1) Whenever an application for the grant of compensation is made by

victim of acid attack or his dependent, to the concerned DLSA or
the SLSA, as the case may be, it shall examine the case of acid
attack and verify the contents of the claim with regard to the loss or
injury caused to acid attack victim/claimant and arising out of the
reported criminal act and may call for any other relevant
information necessary in order to determine genuineness of the
claim and occurrence of the crime. The DLSA or the SLSA, as the
case may be, shall award the compensation not exceeding rupees
three lakhs (Rs. 3/- lakh only) out of which rupees one lakh shall
be paid as an interim compensation to facilitate immediate medical
attention and expenses within 15 days of the application to the
DLSA or the SLSA, as the case may be. The balance sum upto
rupees two lakhs shall be paid as expeditiously as possible and
positively within two months thereafter and in accordance with the
provisions of this Scheme.

2) The DLSA or the SLSA, as the case may be, shall decide the
quantum of compensation to be awarded to victim or his
dependents on the basis of loss caused to the victim, medical
expenses incurred and to be incurred on for treatment, minimum
amount required for rehabilitation including such incidental
charges as funeral expenses, etc. The compensation may vary from
case to case depending on facts of each case.

165 | Page
 3) While deciding the amount of compensation, the DLSA or the
SLSA, as the case may be, has to confirm that the victim has taken
treatment in the Government Hospital or in the Hospital approved
by the Health and Family Welfare Department, Government of
Gujarat. If the victim has taken treatment in any other Hospital,
then verification from concerned Civil Surgeon shall be required to
decide the amount of compensation. In such case, medical
expenses shall be paid to the extent of the actual expenses which
would occur in the Government Hospital or in the Hospital
approved by the Health and Family Welfare Department,
Government of Gujarat for the same treatment.

4) In case, while passing judgment at later date, where the court

passes the order for payment of compensation to the
victim/claimant by the accused person, the victim/claimant shall be
required to remit an amount equal to the amount of compensation
already paid or the amount ordered by the court, to the Fund.

5) The quantum of compensation decided by the DLSA or the SLSA,

as the case may be, shall be disbursed to the acid attack victim or
in case of death of acid attack victim to his dependent, as the case
may be, from the Fund.

6) The quantum of compensation to be awarded to the victim or his

dependent shall not exceed the maximum limit of Rs. 3 lakhs.

Recovery of compensation awarded

The scheme says that the DLSA or the SLSA, as the case may be, if deem
fit, shall institute proceeding before the competent court in consultation with the
office of concerned public prosecutor for recovery of the compensation granted to
the victim or his dependent from the person responsible for causing loss or injury
as a result of the crime committed by him/them. The amount so recovered, shall
be deposited in the Fund.

166 | Page
HARYANA

Name of the scheme

The Haryana Victim Compensation (Amendment) Scheme, 2015141. The

scheme of 2015 is framed to amend the Haryana Victim Compensation Scheme,
2013142.

Definition of key terms

The term victim means victim as defined under CrPC and also includes
acid attack victim143

The scheme defines ‗dependents‘ to mean wife/husband, father, mother,

unmarried daughter, minor children and includes other legal heir of the victim
who, on providing sufficient proof, is found fully dependent on the victim by the
DLSA.

The scheme also defines the term family to mean parents, children and
includes all blood relations living in the same household.

For the purpose of this scheme, the term crime has been defined to mean
an illegal act of omission or commission or an offence committed against the
human body of the victim.

Victim Compensation Fund

The scheme provides for constituting a victim compensation fund which

shall consist of the following:-

a. budgetary allocation for which necessary provision shall be made in

the annual budget by the State.

b. receipt of amount of fines imposed under section 357 of CrPC and

ordered to be deposited by the courts in the fund.

141
available at
[Link] visited
on August 8, 2019).
142
available at [Link](Last visited on July 5, 2019).
143
The term victim is defined by way of the amendment in 2015

167 | Page
 c. amount of compensation recovered from the wrongdoer/accused under
clause 7144 of the scheme.

d. donations/contributions from International, National Philanthropist

/charitable institution/organization and individuals.

Eligibility criteria for the victim or his dependent for receiving compensation

A victim to be eligible for the grant of compensation:-

a) a recommendation is made by the Court under sub section (2) and (3)
of section 357A of CrPC or the offender is not traced or identified, and
where no trial takes place, such victim may also apply grant of
compensation under sub-section (4) of section 357A of CrPC.

b) the victim/claimant reports the crime to the officer-in-charge of the

police station or any senior police officer or Executive Magistrate or
Judicial Magistrate of the area within 48 hours of the
[Link] that the DLSA if satisfied for the reasons to be
recorded in writing, may condone that delay in reporting;

c) the offender is traced or identified, and where trial has taken place, the
victim/claimant has cooperated with the police and prosecution during
the investigation and trial of the case;

d) The income of the family should not exceed Rupees 4.5 Lac per
annum.

e) The crime on account of which the compensation is to be paid under

this scheme should have occurred within the jurisdiction of Haryana.

The scheme lays down that the employees of Central/State Government,

Boards, Corporations and Public Undertakings and income tax payees shall not be
eligible for grant of compensation under the scheme.

144
Clause 7 of the Haryana Victim Compensation Fund, 2013:
[Link] DLSA, if deem it proper, may institute proceedings before the competent court of law
for recovery of the compensation granted to the victim or his/her dependent(s) from the
person responsible for causing loss or injury as a result of the crime committed by him.

168 | Page
Procedure for granting compensation

(1) Whenever a recommendation is made by the Court under sub-section (2)

of section 357A of CrPC or an application is made by any victim or his
dependent under sub-section (4) of section 357A of CrPC to the DLSA,
the said Authority shall examine the case and verify the contents of the
claim with regard to the loss or injury caused to victim and arising out of
the reported criminal activity and may call for any other relevant
information necessary in order to determine genuineness of the claim.
After verifying the claim and by conducting due enquiry, the DLSA shall
award compensation within two months, in accordance with provisions of
this scheme.

(2) Compensation under this scheme shall be paid subject to the condition that
if the trial court while passing judgment at later date, orders the accused
persons to pay any amount by way of compensation under sub-section (3)
of section 357 of CrPC, the victim-claimant shall remit an amount equal to
the amount of compensation, or the amount ordered to be paid under the
said sub-section (3) of section 357 of CrPC, whichever is less. An
undertaking to this effect shall be given by the victim-claimant on before
the disbursal of the compensation amount.

Provided that the compensation payable under this scheme shall be

in addition to the payment of the fine to the victim under section 326A or
section 376D of the Indian Penal Code145

(3) The DLSA shall decide the quantum of compensation to be awarded to the
victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges as funeral
expenses etc. The compensation may vary from case depending on fact of
each case.

(4) The quantum of compensation to be awarded to the victim or his

dependents shall be ae per Schedule of the scheme.
145
this proviso is added by way of the amendment in 2015.

169 | Page
(5) The amount of compensation decided under the scheme shall be disbursed
to the victim or his dependents, as the case may be, from the fund. While
making payment of amount of compensation, the DLSA shall ensure that
all the provisions of this scheme are strictly complied with. (5A)
Notwithstanding anything in this scheme, the Acid Attack Victim shall be
paid an amount of Rs. 1.00 lac within 15 days of the occurrence of the
incident and the balance amount of Rs. 2.00 lacs shall be paid within two
months of such incident.146

(6) Compensation received by the victim from the State in relation to the
crime in question, namely, insurance, ex-gratia and/ or payment received
under any other Act or ‗Rajiv Gandhi Pariwar Bima Yojna‘ or any other
State-run scheme, shall be considered as part of the compensation amount
under this scheme, the victim/claimant who has received compensation
amount from collateral sources mentioned above shall be deemed to be
compensated under this scheme and shall not be entitled to separate
compensation under this scheme. If the eligible compensation amount
exceeds the payments received by the victim from collateral sources
mentioned above, the balance amount shall be paid out of fund.

(7) The cases covered under Motor Vehicle Act, 1988 (59 of 1998) wherein
compensation is to be awarded by the Motor Accident Claims Tribunal,
shall not be covered under the scheme.

(8) The DLSA, 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 Magistrate of the area concerned,
or any other interim relief, as it may deem fit.

Recovery of compensation awarded

The DLSA, if deem it proper, may institute proceedings before the

competent court of law for recovery of the compensation granted to the victim or

146
This provision has been added by way of the amendment in 2015

170 | Page
his/her dependent from the person responsible for causing loss or injury as a result
of the crime committed by him.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of six months since the occurrence of
the crime after which no claim made by the victim or his dependents under sub-
section (4) of section 357 CrPC shall be entertained. Provided, the DLSA, if
satisfied, for reasons to be recorded in writing, may condone the delay in filing the
claim. Provided further that as a one time measure, the cases occurred on or after
first January, 2012 shall also be considered within six months from the date of this
notification147

HIMACHAL PRADESH

Name of the Scheme

The Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012148.

Definition of key terms

The term victim is defined to mean 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 term applicant is defined to mean the victim or the person making an
application on behalf of the victim where he or she, due to physical or mental in-
capacity, is unable to submit the same or where the victim has died, includes his
legal heirs.

Victim Compensation Fund

The scheme lays down provision for constituting the Himachal Pradesh
Victim Compensation Fund. The State Government shall allot a separate budget
for the purpose of the scheme every year.

147
This proviso is added by way of the amendment in 2015.
148
available at [Link](Last visited on July 5, 2019).

171 | Page
Eligibility criteria for the victim or his dependent for receiving compensation

a. Where the Court under sub-section (2) of section 357A of CrPC makes
a recommendation or an application is made under sub-section (4) of
section 357A of CrPC to the State or DLSA within 90 days of
recording of FIR.

b. Where the trial Court, at the conclusion of the trial, is satisfied, that the
compensation awarded under section 357 of CrPC is not adequate for
such rehabilitation, or where the case ends in acquittal or discharge and
the victim has to be rehabilitated and a recommendation by the Court
for compensation is made.

Provided that the victim, within reasonable time frame, gives

information to the officer-in-charge of a Police Station of the
commission of crime within the limits of such station or to a Judicial
Magistrate empowered to take cognizance of such offence arising out
of the crime:

Provided further that the victim cooperates with the police and
prosecution during investigation and trial of the case:

Provided also that the application is made on Annexure-I149 to the

DLSA of the District where the crime was committed (for award of
compensation as provided in sub-section (4) of section 357A CrPC).

c. Such recommendation or application, as the case may be, shall be

transferred to the DLSA of the district where the crime was committed.

d. Where the crime is committed partly in one local area and partly in
another or where it consists of several acts done in different local
areas, the DLSA having jurisdiction over any of such local areas may
proceed under section 357A of CrPC.

e. A victim will also be eligible in cases where the offender is not traced
or identified, and where no trial takes place.

149
Appendice –II of the Scheme provides the format of application under the scheme which has
to be submitted by the applicant.

172 | Page
Procedure for granting compensation

a. Whenever under sub section (2) of section 357A of CrPC, a

recommendation for compensation is made by the Court, or an
application is made to the DLSA for award of compensation, the said
Authority shall examine the case and verify the contents of the claim
with regard to the loss or injury caused to victim arising out of the
reported crime.

b. During the course of verification, the DLSA, may call for any other
relevant information necessary in order to determine genuineness of
the claim and shall after due enquiry, award compensation within
sixty days, in accordance with provisions of the Schedule.

c. The State or the DLSA, as the case may be, to elevate the suffering of
the victim, may order for immediate interim aid facility or medical
benefit to be made available free of cost on the certificate of police
officer not below the rank of 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.

d. Where the victim or his/her dependents have suffered more than one
injury or loss, the compensation payable in each individual case shall
only be for the severest injury or loss suffered as a result of the crime.

e. Compensation so paid shall be subject to the condition that if the

Court while passing the judgment in the case arising out of the crime,
orders of the accused person to pay any amount by way of
compensation under subsection (3) of section 357 of CrPC, an amount
equivalent to compensation so paid under section 357A of CrPC shall
be remitted by the Court directly to the State or the DLSA, as the case
may be, by whom the compensation had been paid under the scheme

f. The State or the DLSA, as the case may be, shall decide the quantum
of compensation to be awarded to the victim on the basis of type and
severity of loss caused to the victim, medical expenses to be incurred
for treatment, minimum sustenance amount required for rehabilitation

173 | Page
 including such incidental charges as funeral expenses etc. The
compensation may vary from case to case, depending on the facts of
such case and subject to such limits as prescribed in the Schedule.

g. The quantum of compensation to be awarded under the Scheme shall

be remitted into the Bank Account provided in the application. As far
as practicable, the amount may be transferred electronically, so as to
provide efficacious and speedy disbursement to the victim from the
fund. In case where the victim is a minor or mentally ill, the amount
shall be remitted to the Bank Account of his /her parent or guardian
after the State or DLSA, as the case may be, awarding the
compensation would be properly utilized in the interest of and welfare
of such minor or mentally ill victim.

h. In relation to the crime in question, the payments so received by the

victim on account of insurance claim, ex-gratia etc. under any other
Act or Scheme, shall be considered as part of the compensation
amount under this scheme and if the eligible compensation amount
exceeds the payments so received by the victim from collateral
sources mentioned above, only the balance amount shall be payable
out of the fund.

i. The cases covered under Motor Vehicles Act, 1988 (59 of 1988)
wherein compensation is to be awarded by the Motor Accident
Claims Tribunal shall not be covered under the scheme.

Non admissibility of compensation in certain case

No compensation shall be admissible where

a) the victim has previously lodged any claim for compensation in

respect of the same crime or

b) the incident is so belated that no evidence would be forthcoming.

Refund of compensation

1. Where the applicant after receipt of compensation

174 | Page
 a) fails to cooperate with the police or prosecution during
investigation and trial of the case; or

b) victim has failed to give all reasonable assistance to the State or

DLSA in connection with the proceedings under the Scheme; or

c) furnishes, as true, information relating to the crime which he

knows or has reason to believe to be false; or

d) being legally bound by an oath or affirmation to state the truth in

relation to the crime to any public servant or other person
authorized by law to administer such oath or affirmation, makes
any statement which is false or knows or believes to be false; or

e) gives false evidence in any stage of a judicial proceeding or

fabricates false evidence for the purpose of being used in any stage
of a judicial proceeding; or

f) causes any evidence of the commission of the offence to disappear

with the intention of screening the offender from legal punishment
or with that intention gives any information respecting the offence
which he knows or believes to be false.

2. The DLSA by whom the compensation was awarded under the scheme
shall be informed in writing of the said fact by the police or the
prosecuting agency, as the case may be.

3. On receipt of such information the DLSA may serve a notice upon the
applicant, calling upon him/her to show cause as to why the compensation
under the scheme so received by as the case may be him/her may not be
refunded back to the State or DLSA.

4. The State or DLSA by whom the compensation was awarded under the
Scheme after considering the explanation, if any, to the show cause notice
issued and after giving the victim a reasonable opportunity of being heard,
by order, record a finding as to whether the amount of compensation so
received deserves to be refunded by the victim to such authority within a
period of sixty days from such order, failing which the said amount shall
be recovered from the victim as arrears of land revenue.

175 | Page
Limitation period for filing a claim for compensation

The scheme has a limitation period of ninety days since the occurrence of
crime after which no claim made by the victim under sub-section (4) of section
357A of CrPC shall be entertained. However, the DLSA, if satisfied for reasons to
be recorded in writing, may condone the delay in filing the claim.

JHARKHAND

Name of the Scheme

Jharkhand Victim Compensation (Amendment) Scheme, 2016150. Prior to

this scheme, Jharkhand had Jharkhand Victim Compensation Scheme, 2012151

Definition of key terms

The term victim means a person who himself has suffered loss or injury as
a result of crime and require rehabilitation and includes dependent family
members.

Victim Compensation Fund

The scheme provides for constituting a Victim Compensation Fund from which
amount of compensation shall be paid. The State Government shall allot a
separate budget for the purpose of the scheme.

Eligibility criteria for the victim or his dependent for receiving compensation

a) the offender is not traced or identified, but the victim is identified,

and where no trial takes place, such victim may also apply grant of
compensation under sub section (4) of section 357A CrPC;

b) the victim/claimant report the crime to the officer-in-charge of the

police station within 48 hours of the occurrence or to any senior
police officer or Executive Magistrate or Judicial Magistrate of the
area. However, if the DLSA is satisfied, for reasons to be recorded
in writing, may condone the delay in reporting;

150
See [Link] visited on August 8, 2019).
The researcher could not read some of the provisions in the new amendment scheme as the
scanned copy is not clearly visible
151
available at [Link](Last visited on September 10, 2019).

176 | Page
 c) the victim/claimant cooperate with the police and prosecution
during the investigation and trial of the case.

Procedure for granting compensation

1) Whenever a recommendation is made by the Court or an

application is made by any victim or his dependent under sub
section (2) of section 357A of CrPC to the DLSA, the said
Authority shall examine the case and verify the contents of the
claim with regard to the loss or injury caused to victim and arising
out of the reported criminal activity and may call for any other
relevant information necessary in order to determine genuineness.
After verifying the claim, the DLSA shall after due enquiry award
compensation within two months, in accordance with provisions of
this scheme.

2) Compensation under this scheme shall be paid subject to the

condition that if the trial court while passing judgment at a later
date, orders the accused persons to pay any amount by way of
compensation under sub-section (3) of section 357 of CrPC, the
victim/claimant shall remit an amount ordered equal to the amount
of compensation, or the amount ordered to be paid under the said
sub-section (3) of section 357 of the CrPC, whichever is less. An
undertaking to this effect shall be given by the victim/claimant
before the disbursal of the compensation amount.

3) The DLSA shall decide the quantum of compensation to be

awarded to the victim or his dependents on the basis of loss caused
to the victim, medical expenses to be incurred on treatment,
minimum sustenance amount required for rehabilitation including
such incidental charges as funeral expenses etc. The compensation
may vary from case to case depending on fact of each case.

4) The quantum of compensation to be awarded to the victim or his

dependents shall not exceed the maximum limit as per schedule of
the scheme.

177 | Page
 5) The amount of compensation decided under the scheme shall be
disbursed to the victim or his dependents from the fund.

6) Compensation received by the victim from the State in relation to

the crime in question, namely, insurance, ex gratia and/or payment
received under any other Act or State-run scheme, shall be
considered as part of the compensation amount under these rule
and if the eligible compensation amount exceeds the payments
received by the victim from collateral sources mentioned above,
the balance amount shall be paid out of fund.

7) The cases covered under Motor Vehicle Act, 1988 (59 of 1988)
wherein compensation is to be awarded by the Motor Accident
Claims Tribunal, shall not be covered under the scheme.

8) In order to alleviate the suffering of the victim, the DLSA 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
Magistrate of the area concerned or any other interim relief as it
may deem fit.

Limitation period for filing a claim of compensation

The scheme has a limitation period of six months since the occurrence of
the crime. However, the DLSA, for reasons to be recorded in writing, may
condone the delay in filing the claim.

KARNATAKA

Name of the Scheme

The Karnataka Victim Compensation Scheme, 2011152

Definition of key terms

The term victim means a person who himself has suffered loss or injury as
a result of crime and require rehabilitation and includes his dependents who had
suffered loss or injury as a result of the crime and who require rehabilitation.

152
available at[Link] visited on
August 8, 2019).

178 | Page
Victim Compensation Fund

The scheme says that there shall be a victim compensation fund which
shall be credited by

i. all grants, subventions, donations and gifts made by the Central

Government, State Government, any local authority or anybody,
whether incorporated or not or any person;

ii. all other sums received by or on behalf of the victims

compensation from any source whatsoever.

Apart from these, the State Government may every year make a grant to
the fund of a sum equivalent to the expenses of the previous year or the probable
expenditure requested by the SLSA.

Eligibility criteria for the victim or his dependents for receiving compensation

1) the offender is not traced or identified, but the victim is identified,

and where no trial takes place, such victim may also apply for
grant of compensation under sub-section (4) of section 357A of
CrPC.

2) the victim/claimant report the crime to the officer-in-charge of the

police station within 48 hours of the occurrence or any senior
police officer or Executive Magistrate or Judicial Magistrate of the
area; Provided that the DLSA, if satisfied, for reasons to be
recorded in writing, may condone the delay in reporting.

3) the victim/claimant shall co-operate with the police and

prosecution during the investigation and trial of the case.

Procedure of granting compensation

1) Whenever a recommendation is made by the Court or an

application is made by any victim or his dependent under sub
section (2) of section 357A of CrPC to the DLSA, the DLSA shall
examine the case and verify the contents of the claim with regard
to the loss or injury caused to the victim and arising out of the

179 | Page
 reported criminal activity and the DLSA may call for any other
relevant information necessary in order to determine genuineness
of the claims. After verifying the claim, the DLSA shall after due
enquiry award compensation within two months, in accordance
with the provisions of this scheme.

2) Compensation under this scheme shall be paid subject to the

condition that if the trial court while passing judgement at a later
date, orders the accused persons to pay any amount by way of
compensation under sub-section (3) of section 357 of CrPC, is paid
or recovered and paid to the victim /claimant shall remit an amount
ordered equal to the amount of compensation, or the amount
ordered to be paid under the said sub section (3) of section 357 of
CrPC, whichever is less. An undertaking to this effect shall be
given by the victim/claimant before the disbursal of the
compensation amount.

3) The DLSA shall decide the quantum of compensation to be

awarded to the victim or his dependents on the basis of loss caused
to the victim, medical expenses to be incurred on treatment,
minimum sustenance amount required for rehabilitation including
such incidental charges as funeral expenses etc. The compensation
may vary from case to case depending on fact of each case.

4) The quantum of compensation to be awarded to the victim or his

dependents shall not exceed the maximum limit specified in the
Schedule of the scheme.

5) The amount of compensation decided under the Scheme shall be

disbursed to the victim or his dependents as the case may, be from
the fund through cheque.

6) Compensation received by the victim from the State in relation to

the crime in question, namely insurance, ex-gratia and /or payment
received under any other Act or State run scheme that includes
compensation awarded by State/National Human Rights

180 | Page
 Commissions or any Court/Commission shall be considered as part
of the compensation amount under this scheme and if the eligible
compensation amount exceeds the payments received by the victim
from collateral sources mentioned above, the balance amount only
shall be paid out of Fund.

7) The Cases covered under Motor Vehicle Act, 1988, (59 of 1988)
wherein compensation is to be awarded by the Motor Accident
Claims Tribunal, shall not be covered under the Scheme.

8) The DLSA, to alleviate the suffering of the victims, 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
Magistrate of the area concerned or any other interim relief as it
may deems fit.

9) The DLSA shall not allow any participation or representation by a

legal practitioner or any other person or institution or Non-
Governmental Organization on behalf of the victim/claimant.

10) If a victim or his dependents have obtained an order sanctioning

compensation under this scheme based on false/
vexatious/fabricated complaint which is so held by the trial Court,
the compensation awarded shall be recovered with 15% interest per
annum.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of twelve months since the
occurrence of the crime, after which no claim made by the victim or his
dependents under sub- section (4) of section 357A of CrPC shall be entertained.
However, the DLSA if satisfied, for reasons to be recorded in writing may
condone the delay in filing the claim.

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KERALA

Name of the Scheme

The Kerala Victim Compensation Scheme, 2014153

Definition of key terms

The term victim means a person who has suffered any loss or injury
caused by reason of the act or omission on the part of the accused and who
requires rehabilitation under this scheme and includes the guardian or legal heir of
such person, but does not include a person who is responsible for injury to such
person. The term dependent has been defined to include 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.

The scheme also defined the terms injury and loss. Injury means any
injury specified in the Schedule. Loss includes loss to property occurred as a
result of an injury.

Victim Compensation Fund

The scheme lays down provision for constituting a Victim Compensation

Fund which shall consist of

a) budgetary allocation made in the annual budget by the State;

b) receipt of amount of fines imposed under section 357 of the CrPC;

c) donations and contributions received from International or National

Charitable Institutions, organizations and individuals.

Eligibility criteria for the victim or his dependent for receiving compensation

i. where a recommendation is made by the Court under sub-section (2) or

sub- section (3) of section, 357A of CrPC;

ii. where the trial Court makes a recommendation, on conclusion of the

trial, when it is satisfied that the compensation awarded under section

153
Ibid

182 | Page
 357 of CrPC is not adequate for such rehabilitation or where the case
ends in acquittal or discharge and the victim has to be rehabilitated;

iii. where the offender is not traced or identified, but the victim is identified
and where no trial takes place and in which case, the victim or his
dependent may make an application to the DLSA;

iv. employees of Central or State Governments, Boards, Corporation, Public

Sector Undertakings and those whose family income exceeds the creamy
layer limit fixed by the respective Governments from time to time will
not be eligible;

v. the crime, on account of which the compensation is to be paid under the

scheme, should have been occurred within the State.

Exception.—In case, the crime has occurred outside the State and the
victim is found within the limit of the State, he/ she shall be eligible for interim
relief contemplated under sub-section (6) of section 357A of CrPC.

Procedure for granting compensation

1. On receipt of the recommendation by the trial court or an application

under sub-section(4) of section 357A of CrPC, the State or the DLSA
shall, after due enquiry through appropriate authority as deemed fit by the
State or the District Legal Authority, award adequate compensation by
completing the enquiry within two months.

2. The DLSA shall examine and verify the contents of the claim with regard
to the loss or injury caused to the victim and arising out of the crime. The
Authority may call for any relevant information necessary to determine the
genuineness of the claim. After verifying the claim and conducting due
enquiry, the DLSA shall award adequate compensation within two
months, in accordance with the provisions of the scheme.

3. The DLSA 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 an officer-in-charge of the police station or a

183 | Page
 Judicial or Executive Magistrate or a competent medical officer of the area
concerned or any other interim relief as deemed fit by the Authority.

4. The amount of compensation will be decided by the DLSA on the standard

criteria given in the Schedule to the scheme.

5. Compensation shall be paid as a simple lump sum or in two instalments as

decided by the DLSA.

6. The DLSA shall decide the quantum of compensation under sub-section

(2) and (3) of section 357A of CrPC within sixty days of the receipt of the
recommendations.

7. The DLSA shall decide the quantum of compensation on the basis of loss
caused to the victim, medical expenses incurred on treatment, minimum
sustenance amount required for rehabilitation including incidental charges
like funeral expenses.

8. In the case of compensation to victim of rape/victim under trauma, the

matter shall be informed to the probation officer in the district concerned
for effective rehabilitation and continuous evaluation.

9. If the trial court, while passing judgment at a date later than the award of
compensation, order the accused person to pay any amount by way of
compensation under sub-section (3) of section 357 of CrPC, the accused
person shall remit an amount equal to the amount of compensation or the
amount ordered to be paid under sub-section (3) of section 357 of CrPC,
whichever is less. An undertaking to this effect shall be given by the
victim or his claimant before the disbursal of the compensation amount.

10. The amount of compensation decided under the scheme shall be disbursed
to the victim or his dependent from the Victim Compensation Fund.
Compensation received by the victim from the State in relation to crime in
question, namely, insurance, ex-gratia or payment received under any
other Act or any other State scheme, shall be considered as part of the
compensation amount under this scheme. The victim or his dependent who
has received compensation amount from collateral sources mentioned

184 | Page
 above shall be deemed to have been compensated under this scheme and
shall not be entitled to separate compensation under this scheme. If the
eligible compensation amount exceeds the payments received by the
victim from collateral sources mentioned above, the balance amount shall
be paid out of the fund.

11. The cases covered under the Motor Vehicles Act, 1988 (Central Act 59 of
1988) wherein compensation is to be covered by the Motor Accidents
Claims Tribunal, shall not be covered under the scheme.

12. The DLSA, shall institute proceedings before the competent court of law
for recovery of the compensation, granted to the victim or his dependent,
from the accused if found ineligible later.

Disbursement of compensation to minor victim

For the purpose of the disbursement of compensation to a victim who is a

minor, the scheme has a provision wherein it says that the amount of
compensation awarded shall be deposited in the account of the minor as fixed
deposit, to be withdrawn only on attainment of his majority. In exceptional cases,
the amount of compensation can be withdrawn for educational or medical needs
of the beneficiary by the competent person as decided by the DLSA/Appeal
Authorities. Also with regard to victims of acid attack, a sum of Rs. 1.00 lakh
shall be paid to such victim within 15 days of such incidents.

Rejection, withholding or reduction of compensation

The scheme says that the DLSA may reject, withhold or reduce the award
of compensation where the Authority considers that (a) the applicant failed to
inform the crime to the Police Officer without reasonable delay, (b) the applicant
failed to co-operate with the police officer or other authority to bring the accused
before justice, (c) the applicant failed to give all reasonable assistance to the
DLSA or other related authorities in connection with the application, (d) the
eligibility of the victim as shown by the facts and circumstances of the case does
not justify award of compensation.

185 | Page
Limitation period for filing a claim of compensation

The scheme lays down a limitation period of one hundred and eighty days
from the occurrence of the crime after which no claim for compensation under
sub-section (4) of section 357A made by the victim or his claimant shall be
entertained. However, the DLSA, if satisfied for reasons to be recorded in writing,
may condone the delay in filing the said claim.

Re-opening of case

Generally a decision made by the DLSA and accepted by the applicant is

considered to be final. However, the scheme has a provision whereby the
SLSA/Government may, subsequently re-open a case where there has been a
material change in the medical condition of the victim that injustice would occur
if the original assessment of compensation were allowed to stand, or where the
victim has died in consequence of the injury.

MADHYA PRADESH

Name of the Scheme

Madhya Pradesh Crime Victim Compensation Scheme, 2015154

Definition of key terms

The term 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 includes the guardian or legal
of such person, but does not include a person who is responsible for injury to such
person.

The term dependent is defined to mean and include 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.

154
Available
at[Link]
.pdf(Last visited on July 15, 2019).

186 | Page
 The term loss includes loss to any property occurred as a result of an
injury caused by reason of the criminal act or omission on the part of the accused.

Victim Compensation Fund

The scheme provides for the constitution of a victim compensation fund

and it shall consist of the following:

I. The budgetary allocation made by the State in its annual budget;

II. The amount of fines received under section 357 of CrPC;

III. Donations and contributions received from international or national

charitable institutions, organizations and individuals.

Monitoring of the Scheme

A State155 and District Level Committee156 be formed for the purpose of

monitoring the scheme.

Eligibility criteria for the victim or his dependent for receiving compensation

a. Where a recommendation is made by the Court under sub-section (2)

or sub-section (3) of section 357A of CrPC, the DLSA or SLSA will
decide the amount of compensation.

b. Where the trial Court makes a recommendation, on conclusion of the

trial, when it is satisfied that the compensation awarded under section
357 of CrPC is not adequate for such rehabilitation or where the case
ends in acquittal or discharge and the victim has to be rehabilitated, or

155
State Level Committee
i. Principal Secretary, Government of Madhya Pradesh, Home Department-Chairman
ii. Principal Secretary, Government of Madhya Pradesh Law and Legislative Affairs
Department-Member
iii. State Legal Services Authority, Government of Madhya Pradesh-Member
iv. Deputy Secretary, Government of Madhya Pradesh Home Department-Secretary
156
District Level Committee
i. District and Sessions Judge of the District-Chairman
ii. District Magistrate of the District –Member
iii. District Superintendent of Police of the District -Member
iv. DLSA Secretary

187 | Page
 c. Where the offender is not traced or identified, but the victim is
identified and where no trial takes place or the Trial Court has not
passed any order for award/ compensation to the victim and in which
case, the victim or his dependent may make an application to the
DLSA;

d. The crime, on account of which the compensation is to be paid under

the scheme should have been occurred within the State or crime started
in the State. However an exception is provided in cases where the
crime occurred outside the State and the victim is found within the
limit of the State, he shall be eligible for interim relief contemplated
under sub-section (6) of section 357A of CrPC.

Procedure for granting compensation

1. On receipt of the recommendation by the trial court, Appellate Court,

High Court or Court of Session when exercising its power on
application under sub section (4) of section 357A of CrPC, the State or
the DLSA, award adequate compensation by completing the enquiry
within two months.

2. The DLSA shall examine and verify the contents of the claim with
regard to the loss or injury caused to the victim and arising out of the
crime. The Authority may call for any relevant information necessary
to determine the genuineness of the claim. After verifying the claim
and conducting due enquiry, the DLSA shall award adequate
compensation within two months, in accordance with the provisions of
the scheme.

3. The DLSA 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 an officer-in-charge of the police
station or a Judicial or Executive Magistrate or a competent medical
officer of the area concerned or any interim relief as deemed fit by the
Authority.

188 | Page
4. The amount of compensation will be decided by the DLSA based on
the standard criteria given in the schedule appended to the scheme.

5. Compensation shall be paid as a single lump sum or in two

installments as decided by the DLSA.

6. The DLSA shall decide the quantum of compensation under sub-

section (2) and (3) of section 357A of CrPC within sixty days of the
receipt of the recommendation.

7. The DLSA shall decide the quantum of compensation on the basis of

loss caused to the victim, medical expenses occurred on treatment,
minimum sustenance amount required for rehabilitation.

8. In the case of compensation to victim of rape/victim under trauma, the

matter shall be informed to the probation officer in the district
concerned for rehabilitation and continuous evaluation.

9. If the trial court, while passing judgment at a date later than the award
of compensation, order the accused person to pay any amount by way
of compensation under sub-section (3) of section 357 of CrPC, the
accused person shall remit an amount equal to the amount of
compensation or the amount ordered to be paid under sub-section (3)
of section 357 of CrPC, whichever is less. An undertaking to this effect
shall be given by the victim or his claimant before the disbursal of the
compensation amount.

10. The amount of compensation decided under the scheme shall be

disbursed to the victim or his dependent from the Victim
Compensation Fund. Compensation received by the victim from the
State in relation to crime in question, namely, insurance whose
premium has been paid by the State or Central Government, ex-gratia
or payment received under any other Act or any other State scheme
shall be considered as part of the compensation amount under this
scheme. The victim or his dependent who has received compensation
amount from collateral sources mentioned above shall be deemed to
have been compensated under this scheme and shall not be entitled to

189 | Page
 separate compensation under this scheme. If the eligible compensation
amount exceeds the payment received by the victim from collateral
sources mentioned above, the balance amount shall be paid out of the
Fund.

11. The cases covered under the Motor Vehicles Act, 1988 wherein
compensation is to be awarded by the Motor Accidents Claims
Tribunal, shall not be covered under the scheme.

12. If the annual income of the victim person, from all the sources of
income, exceeds Rupees Five Lakh then, the compensation as given in
different categories of Schedule, amount payable would be 50 % only.

Recovery of compensation awarded

The DLSA, shall institute proceedings before the competent court of law
for recovery of the compensation, granted to the victim or his dependent, from the
accused if found ineligible later.

Disbursement of compensation to minor victim

The amount of compensation awarded to a minor victim shall be deposited

in the account of the minor as fixed deposit which can be withdrawn after
attaining the age of majority. However, in exceptional cases of majority the
amount of compensation can be withdrawn for educational or medical needs of
the beneficiary by the competent person as decided by the District Legal Sertvices
Authority/ Appeal Authorities.

Victims of Acid attack

With regard to a victim of acid attack, a sum of Rs. 1 lakh shall be paid to
such victim within 15 days of such incidents.

Rejection, withholding or reduction of compensation

The DLSA may reject, withhold or reduce the award of compensation

where the Authority considers that:-

a) The applicant failed to inform the crime to the Police Officer without
reasonable delay;

190 | Page
 b) The applicant failed to co-operate with the police officer or other
Authority to bring the accused before justice.

c) The applicant failed to give all reasonable assistance to the DLSA or other
related authorities in connection with the application.

d) The eligibility of the victim as shown by the facts and circumstances of the
case does not justify award of compensation.

Reopening of a case

Normally the decision made by the DLSA shall be considered as final.

However, the SLSA/ Government may subsequently re-open a case where there
has been such a material change in the medical condition of the victim that
injustice would occur if the original assessment of compensation were allowed to
stand, or where the victim has died in consequence of the injury.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of one hundred and eighty days from
the occurrence of the crime after which no claim made by the victim or his
dependent under sub-section(4) of section 357A of CrPC shall be entertained.
However, the DLSA if statisfied for reasons to be recorded in writing may
condone such delay.

MAHARASHTRA

Name of the Scheme

The Maharashtra Victim Compensation Scheme, 2014157

Definition of key terms

According to the scheme, victim means a person as defined in clause (wa)

of section 2 of CrPC. The term dependents have been defined to mean wife,
husband, father, mother, unmarried daughter, minor children and includes other
legal heirs of the victim who, on providing sufficient proof, is found fully
dependent on the victim by the DLSA.

157
available at [Link] visited on
August 8, 2019).

191 | Page
Victim Compensation Fund

The scheme says that there shall be constituted a victim compensation

fund and the fund shall consist of

a) the receipt of amount of fines imposed under section 357 of CrPC and
ordered to be deposited by the courts in the victim compensation fund,

b) the amount of compensation recovered from the wrongdoer or accused

under clause 7158 of the Scheme,

c) the donations or contributions from International, National, Philanthropist,

Charitable Institutions or Organizations and individuals.

Eligibility criteria for the victim or his dependent for receiving compensation

a) recommendation is made by the Court under sub-section (2) and (3) of

section 357A of CrPC or the offender is not traced or identified but the
victim is identified, and where no trial takes place, such victim or his
dependents may apply for grant of compensation under sub-section (4) of
the ,said section 357A of CrPC ;

b) the victim or the claimant reports the crime to the Officer-in-charge of the
concerned Police Station or Executive Magistrate or Judicial Magistrate of
the area within reasonable time: Provided that, the DLSA, if satisfied, for
the reasons to be recorded in writing, may condone the delay in reporting
the crime;

c) the victim or claimant co-operates with the police and prosecution during
the investigation and trial of the case ;

d) the victim is not compensated for the loss or injury under any other
scheme of the Central or State Government or any other institution ;

e) the loss or injury sustained by the victim or his dependents have caused
substantial loss of income of the family making it difficult to meet their
158
Clause 7 of Maharashtra Victim Compensation Scheme, 2014-7. Recovery of compensation
awarded to the victim from wrongdoer or accused.—The DLSA, if deem fit proper, may
institute proceedings before the competent court of law for recovery of the compensation
granted to the victim or his dependent(s) from the person responsible for causing loss or injury
as a result of the crime committed by him

192 | Page
 both ends without the financial aid or has to spend beyond his means on
medical treatment of mental or physical injury ;

f) the perpetrator of a crime is not traceable or goes unpunished after trial,

but the victim is identifiable and has to incur a lot of expenses on physical
and mental rehabilitation ;

g) the crime on account of which the compensation is to be paid under this

scheme has been occurred within the jurisdiction of Maharashtra State ;
and

h) the employees of the Central or State Government, Boards, Corporations

and Public Undertakings and income tax payees shall not be eligible for
compensation under this scheme.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court under sub-sections (2)

and (3) or an application is made by any victim or his dependents under
sub- section-(4) of section 357A of CrPC to the DLSA or the State Legal-
Service-Authority, as the case may be, the DLSA or the SLSA, shall
examine the case and verify the contents of the claims with regard to the
loss or injury arising out of the victim or claimant and the loss or injury
arising out of the reported criminal activity, and may call for any other
relevant information necessary in order to determine the genuineness of
the claim. After verifying the claim and due inquiry, the DLSA or the
SLSA, as the case may be shall, award adequate compensation by
competing the enquiry within two months, in accordance with the
provisions of this scheme.

2. The DLSA or the SLSA, as the case may be, upon its satisfaction, shall
decide the quantum of compensation to be awarded to the victim or his
dependents on the basis of the loss caused to the victim, medical expenses
incurred on treatment, minimum sustenance amount required for
rehabilitation including- such incidental charges as funeral expenses etc.
The compensation may vary from case to case on the facts of each case.

193 | Page
3. Compensation under this scheme shall be paid subject, to the condition
that if the trial court while passing judgment at later date, orders the
accused persons to pay any amount by way of compensation under sub-
section (3) of section 357 of the [Link]. 1973, the victim or the claimant
shall remit an amount ordered equal to the amount of compensation; or the
amount ordered to be paid under the said sub-section (3) of section357 of
the CrPC whichever is less. An undertaking to this effect shall be given by
the victim or the claimant before the disbursal of the compensation
amount.

4. The quantum of compensation decided by the DLSA or the SLSA, as the

case may be, shall be disbursed to the victim or his dependents, as the case
may be, from the fund. While making payment of amount of
compensation, the DLSA or the SLSA, as the case may be, shall ensure
that all the provisions of the scheme are strictly complied with.

5. Compensation received by the victim from the Central or State

Government, Insurance Company or any other-institution in relation to the
crime in question, namely, Insurance, ex-gratia and/ or payment received
under any other Act or State run Scheme, shall be considered as a part of
the compensation amount under this scheme and if the eligible
compensation amount exceeds the payments received by the victim from
collateral sources mentioned, the balance amount shall be paid out of the
fund.

6. In fixing the quantum of compensation regard must be had to the

minimum wages and the Schedule appended to the Motor Vehicles Act,
1988.

7. The cases covered under the Motor Vehicles Act, 1988 (59 of 1988)
wherein compensation is to be awarded by the Motor Accident Claims
Tribunal, shall not be covered under the scheme.

8. The quantum of compensation to be awarded to the victim or his

dependents shall not exceed the maximum limit as per the Schedule.

194 | Page
 9. If a victim or his dependents have obtained an order sanctioning
compensation under this scheme based on false, vexatious or fabricated
complaint which is so held by the trial Court, the compensation awarded
shall be recovered with fifteen percent interest per annum.

10. The State or the DLSA, as the case may be, to alleviate the suffering of the
victim, may order for immediate first-aid facility or medical treatment to
be made available free of cost if a 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, has been produced to the medical
authority concerned or any other interim relief as the appropriate authority,
deems fit.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of six months from the date of
the crime after which no claim made by the victim or his dependents under sub-
section (4) of section 357A of CrPC shall be considered. However, the DLSA, if
satisfied for the reasons to be recorded in writing may condone the delay in filing
of the claim.

MANIPUR

Name of the Scheme

The Manipur Victim Compensation Scheme, 2011159

Definition of key terms

The term victim means a person who himself has suffered loss or injury as
a result of crime and require rehabilitation and includes dependent family
members.

Victim Compensation Fund

The scheme says that there shall be constituted a victim compensation

fund. The State Government shall allot every year a budget for the scheme.

159
Available at [Link]/wp-content/uploads/2011/08/[Link](Last visited on July 18,
2019).

195 | Page
Eligibility criteria for the victim or his dependent for receiving compensation

a) the offender is not traced or identified, but the victim is identified, and
where no trial takes place, such victim may also apply for grant of
compensation under sub section (4) of section 357A of CrPC;

b) the victim/ claimant reports the crime to the officer-in-charge of the

concern Police Station, Magistrate or Judicial Magistrate of the area
provided that the DLSA, if satisfied, for reasons to be recorded in writing,
may condone the delay in reporting;

c) the victim/claimant cooperate with the police and prosecution during the
investigation and trial of the case.

Procedure for granting compensation

(1) Whenever a recommendation is made by the Court or an

application is made by any victim or his dependent under sub
section (2) of section 357A of CrPC to the DLSA, the said
Authority shall examine the case and verify the contents of the
claim with regard to the loss or injury caused to victim and arising
out of the reported criminal activity and may call for any other
relevant information necessary in order to determine genuineness.
After verifying the claim, the DLSA shall after due enquiry award
compensation within two months, in accordance with provisions of
this Scheme.

(2) Compensation under this scheme shall be paid subject to the

condition that if the trial court while passing judgment at a later
date, orders the accused persons to pay any amount by way of
compensation under sub-section (3) of section 357 of CrPC, the
victim/claimant shall remit an amount ordered equal to the amount
of compensation, or the amount ordered to be paid under the said
sub-section (3) of section 357 of CrPC, whichever is less. An
undertaking to this effect shall be given by the victim/claimant
before the disbursal of the compensation amount.

196 | Page
 (3) The DLSA shall decide the quantum of compensation to be
awarded to the victim or his dependents on the basis of loss caused
to the victim, medical expenses to be incurred on treatment,
minimum sustenance amount required for rehabilitation including
such incidental charges as funeral expenses etc.

The compensation may vary from case to case depending on the

facts of each case.

(4) The quantum of compensation to be awarded in the scheme shall

be disbursed to the victim or his dependents, as the case may be
from the fund

(5) Compensation received by the victim from the State in relation to

the crime in question, namely insurance, ex-gratia and/or payment
received under any other Act or State run scheme, shall be
considered as part of the compensation amount under these rule
and if the eligible compensation amount exceeds the payments
received by the victim from collateral sources mentioned above,
the balance amount shall be paid out of the fund.

(6) The Cases covered under Motor Vehicle Act, 1988. (59 of 1988)
wherein compensation is to be awarded by the Motor Accident
Claims Tribunal shall not be covered under the scheme.

(7) The DLSA, 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 Magistrate of
the area concern, any other interim relief as it may deem fit.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of six months since the
occurrence of the crime after which no claim made by the victim or his
dependents under sub-section (4) of section 357A of CrPC shall be entertained.
However, if the DLSA, if satisfied, for reasons to be recorded in writing may
condone the delay in filing the claim.

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MEGHALAYA

Name of the Scheme

The Meghalaya Victim Compensation Scheme, 2014160. This scheme of

2014 superseded the Meghalaya Victim Compensation Scheme, 2011.

Objectives of the Scheme

a) Financial assistance to the victim;

b) Support services such as shelter, counselling, medical aid, legal assistance,

education and vocational training depending upon the needs of the victim.

The scheme shall cover the victim and in case of death of the victim, his
dependents or the members of the family of the victim who have suffered atrocity
resulting from the crime.

Definition of key terms

The scheme defines victim to mean a person who has suffered loss or
injury caused by reason of the act or omission for which the accused person has
been charged and the expression ‗victim‘ includes in case of death of the victim,
the guardian or legal heir.

The scheme also defines the term victim compensation to mean the
amount payable to the victim and in the case of the death of the victim, to the
dependents or legal heirs of the victim.

Victim Compensation Fund

The scheme lays down provision for the constitution of victim

compensation fund and it shall be constituted out of the following funds:-

a) Grants from the Central Government, State Government or any local

authority;

b) Subscriptions, donations and contributions received from any individual or

bodies, whether incorporated or not, or international, national,
philanthropist, charitable institutions or organizations;

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_2014.pdf(Last visited on July 18, 2019). The Meghalaya Victim Compensation Scheme,
2014 superseded the Meghalaya Victim Compensation Scheme, 2011

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 c) Money received in compliance to any court order.

d) Budgetary allocation for which necessary provision has been made in the
annual budget by the Government;

e) Fines imposed under section 357 of CrPC and ordered to be deposited by

the courts in the victim compensation fund.

f) Amount of compensation recovered from the wrongdoer or accused under

the provisions of this scheme.

Eligibility criteria for the victim or his dependent for receiving compensation

i. Victim shall be eligible for the grant of compensation if ordered by the

Court.

ii. The victim or guardian or legal heir, as the case may be, shall be entitled
to financial assistance and restorative support services if one of the
following criteria is fulfilled:-

a) If the offender is not traced or identified, the victim may also apply for
grant of compensation under sub-section (4) of section 357A of CrPC to
meet expenses for physical and metal rehabilitation.

b) The victim or claimant must report the crime to the officer-in-charge of the
local Police Station or to the Magistrate having jurisdiction before making
claim for compensation or suo moto cognizance was taken of the crime by
the police under whose jurisdiction the offence was committed.

c) The victim or claimant (in the case of death of victim) shall fully
cooperate with the police and prosecution from the stage of investigation
till conclusion of trial of the case. Turning hostile or refusing to depose or
failure to appear during trial shall be considered to be non-cooperation.

d) The crime must be one in which the victim sustains mental or bodily
injury or dies.

e) The death or permanent incapacitation of the victim was not the result of
suicide or self-infliction of bodily or mental injury or a result of the
victim‘s own wrong doing.

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 f) The victim has not been compensated for the loss or injury under any other
scheme of the Central or the State Government or Insurance Company or
any other institutions.

g) Perpetrators of the crime or his dependent will not be eligible to any

compensation under the scheme.

Procedure for granting compensation

1) Wherever a recommendation is made by the Court or an

application is made by any victim or his dependent under sub-
sections (2) or (3) of section 357A of CrPC to the DLSA, it shall
examine the claim and verify the contents of the same with regard
to the loss or injury caused to the victim arising out of the reported
criminal activity and shall also call for medical report, FIR and
related records, copy of Final Form of the investigation or any
other information necessary in order to determine the claim. Such
information may relate to the loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges as
funeral expenses.

2) On being satisfied after due enquiry, the DLSA shall determine the
quantum of compensation within two months.

3) The compensation awarded shall be paid in two phases. The first

half of the compensation being awarded at any time during the
inquiry or investigation launched under the provisions of CrPC or
before the commencement of the trial and the balance amount
being paid on the conclusion of the trial. A victim of acid attack
shall be paid a sum of Rs. 1 lakh within 15 days from the date of
occurrence of such incident and the balance amount of Rs. 2 lakh
shall be paid as expeditiously as may be possible and positively
within two months thereafter.

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Mode of payment of compensation

The scheme mentions that compensations under it shall be paid subject to

the condition that if the trial court while passing judgment at a later date, orders
the accused persons to pay any amount by way of compensation under sub-section
(3) of section 357 of CrPC, the victim or claimant shall remit an amount ordered
to be paid under the said sub-section (3) of section 357 of CrPC, whichever is
less. An undertaking to this effect shall be given by the victim or claimant before
the disbursement of the compensation amount.

Basis of quantum of compensation

1. On the basis of the loss caused to the victim, the medical expenses that
need to be incurred on treatment, the minimum sustenance amount
required for rehabilitation including incidental charges such as funeral
expenses, the quantum of compensation to be awarded to the victim shall
be decided.

2. The scheme says compensation received by the victim or dependent from

the State in relation to the crime in question, namely, insurance, ex-gratia
and/or payment received under any other Act or State-run scheme, shall be
considered as part of the compensation amount under these schemes. The
victim or claimant who has received compensation amount from collateral
sources mentioned above shall be deemed to be compensatory under the
scheme. If the eligible compensation amount exceeds the payment
received by the victim or dependent from the aforementioned sources, the
balance amount shall be paid from the fund.

3. The cases covered under the Motor Vehicle Act, 1988 wherein
compensation is to be awarded by the Motor Accident Claims Tribunal
and cases covered under existing schemes/ facilities shall not be covered
under this scheme.

4. In order to alleviate the suffering of the victim, the Meghalaya SLSA or

the DLSA may order for immediate first aid facility or medical treatment
to be made available free of cost on the certificate of the Officer-in-Charge
of the police Station or Magistrate of the area concerned.

201 | Page
 5. In cases where employment is given to any family member of a victim of
crime on compensatory ground, no assistance will be given to the
dependent from the scheme. In case such employment is given after
release of compensation under the scheme, the assistance would not be
withdrawn or amount realized, if paid already.

Functions of the DLSA

The scheme says that the DLSA has the function to consider the claims
and provide financial assistance and support services. Apart from this, the DLSA
has the following functions:-

a) To recommend for psychological, medical, educational and legal

assistance to the affected persons by the concerned authorities.

b) To arrange for counselling support to the affected woman including

counselling of the spouse in case the affected woman is married.

c) To arrange shelter for the affected person for such period as may be
required and in this regard issue directions to the appropriate authorities to
provide protection to the affected persons whenever deemed necessary.

Recovery of compensation awarded

The scheme has provision for recovery of compensation awarded to the

victim or his dependents. It says that subject to the provisions of sub-section (3) of
section 357A of CrPC, the Meghalaya SLSA, in proper cases may institute
proceedings before the competent court of law for recovery of the compensation
granted to the victim or his dependents from persons responsible for causing loss
or injury as a result of the crime committed by him.

Limitation period for filing a claim of compensation

A limitation period of twelve months from the date of occurrence of the

crime has been set by the scheme after which no claim for grant of compensation
under sub- section (4) of section 357A of CrPC shall be entertained.

202 | Page
MIZORAM

Name of the Scheme

The Mizoram Victims of Crime Compensation Scheme, 2011161.

Definition of key terms

The term victim means a person who himself has suffered any loss or
injury caused by reason of the act or omission for which the accused person has
been charged; and causing burns or maiming or disfiguring or disabling or causing
grievous hurt as a result of acid attacks and require rehabilitation and the
expression ‗victim‘ includes dependent family members.

The term dependent means husband/wife, dependent children upto the age
of 21 years (including legally adopted children) dependent parents, dependent
daughter of any ageand physically or mentally challenged children of any age.

Injury for the purpose of the scheme means physical wrong or burns or
maiming or disfiguring or mental illness caused to the victim.

The scheme defines rehabilitation to mean a sum of money paid to the

victims/dependent family members from the victim compensation fund.

Victim Compensation Fund

The scheme says that there shall be constituted a victim compensation

fund. For the purpose of the scheme, the State Government every year shall allot a
separate budget.

Eligibility criteria for the victim or his dependents for receiving compensation

a) where the perpetrator is not traced or identified or goes unpunished after

trial, but the victim is identifiable and the victim has to incur a lot of
expenses on physical and mental rehabilitation, such victim may apply for
compensation under sub-section 4 of Section 357A of CrPC;

b) the victim/claimant submits a report of the crime to the Officer-in- Charge

of the nearest Police Station, Magistrate or Judicial Magistrate of the area.

161
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 Provided that the DLSA, is satisfied, for the reasons to be recorded in
writing may condone the delay in reporting;

c) the victim/claimant cooperates with the Police and prosecution during the
investigation and trial of the case;

d) The compensation would be given to the victim and his/her dependents in

the event of loss of property worth more than Rs. 1.00 lakh and in the
event of death or permanent incapacitation of the victim who was the sole
bread- winner of the family through act of crime. The death/permanent
incapacitation of either the husband or the wife irrespective of whether one
or both were earning members, would entitle his/her dependent for
compensation.

e) Only BPL family would be considered for eligibility under the Scheme.

Procedure for granting compensation

a) Whenever a recommendation is made by the Court or an application is

made by a victim or his dependent under sub-section (2) of section 357A,
CrPC to the DLSA, the said Authority shall examine the case and verify
the contents of the claim with regard to the loss or injury caused to victim
and arising out of the reported criminal activity and may call for any other
relevant information necessary in order to determine genuineness. After
verifying the claim, the DLSA shall, after due enquiry, award
compensation within two months, in accordance with the provisions of this
scheme.

b) Compensation under this scheme shall be paid subject to the condition that
if the trial court while passing judgement at a later date, orders the accused
person to pay any amount by way of compensation under sub-section (3)
of section 357 of CrPC, the victim/claimant shall remit an amount ordered
equal to the amount of compensation, or the amount ordered to be paid
under the said sub-section (3) of section 357 of CrPC, whichever is less.
An undertaking to this effect shall be given by the victim/claimant before
the disbursal of the compensation amount.

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 c) The DLSA shall decide the quantum of compensation to be awarded to the
victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges as funeral
expenses, etc. The compensation may vary from case to case depending on
the facts of each case.

d) The quantum of compensation to be awarded to the victim or his

dependents under the scheme shall be disbursed from the Fund.

e) Victim or dependents who are in possession of property insurance policy

and life insurance policy worth more the Rs. 1.00 lakh would not be
entitled to receive compensation under the scheme.

f) The cases covered under Motor Vehicle Act, 1988 (59 of 1988) wherein
compensation is to be awarded by the Motor Accident Claims tribunal,
shall not be covered under the Scheme.

g) Victim or dependents would not be eligible to get compensation under the

scheme if they have received any other assistance, by way of payment of
ex-gratia or any other type of relief from the State Government or any
other source.

h) In case employment is given to any family member of victim of crime, the

family would not be entitled to assistance under the scheme. However, if
case such employment is given after the release of assistance under the
scheme, the assistance would not be withdrawn.

i) The perpetrators of crime or his/her dependents will not be entitled to any

compensation under the scheme.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of six months since the
occurrence of the crime after which no claim made by the victim or his
dependents under sub-section (4) of section 357A of CrPC shall be entertained.
However, the DLSA, for reasons to be recorded in writing, may condone the delay
in filing the claim.

205 | Page
NAGALAND

Name of the Scheme

The Nagaland Victim Compensation Scheme, 2012162.

Definition of key terms

According to the scheme, victim means a person who himself has suffered
loss or injury as a result of crime and requires rehabilitation and includes
dependent family members.

Victim Compensation Fund

The scheme lays down provision for constituting a victim compensation.

For the purpose of the scheme, the State Government shall every year allot a
separate budget.

Eligibility criteria for the victim or his dependents for receiving compensation

1. The offender is not traced or identified, but the victim is identified, and
where no trial takes place, such victim may also apply grant of
compensation under sub-section (4) of the Section 357A of CrPC.

2. The victim/claimant shall report the crime to the officer in charge of police
station Judicial Magistrate of the area. Provided that such officers, if
satisfied, for reasons to be recorded in writing may condone the delay in
reporting.

3. The victim/claimant cooperates with .the police and prosecution during the
investigation and trial of the case.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court or an application is

made by any victim or his dependent under sub-section (4) of Section
357A of CrPC to the DLSA, the said Authority shall examine the case and
shall verify the contents of the claim with regard to the loss or injury
caused to victim arising out of the reported criminal activity and may call
for any other relevant information necessary in order to determine
162
Ibid

206 | Page
 genuineness. After verifying the claim, the DLSA shall after due enquiry
award compensation within two months, in accordance with the provisions
of this scheme.

2. Compensation under the scheme shall be paid subject to the condition that
if the trial court while passing judgment at later date, orders the accused
persons to pay any amount by way of compensation under sub-section (3)
of Section 357 of CrPC, the victim/claimant shall remit an amount ordered
equal to the amount of compensation, or the amount ordered to be paid
under the said sub-section (3) of Section 357 of CrPC, whichever is less to
the State Government Treasury Challan. An undertaking to this effect shall
be given by the victim/claimant before the compensation amount under the
scheme.

3. The DLSA shall decide the quantum of compensation to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges, as funeral
expenses etc. The compensation may vary from case to case depending on
fact of each case. The basis on which the quantum of compensation has
been fixed shall be specified in writing.

4. The quantum of compensation to be awarded under the scheme shall be

disbursed to the victim or his dependents, as the case maybe, from the
fund. The DLSA shall communicate the quantum of compensation
awarded to the Secretary, Relief & Rehabilitation under Home
Department, who shall pay the compensation from the fund so earmarked
by the State Government.

5. Compensation received by the victim from the State in relation to the

crime in question, namely, insurance, ex gratia Cash Doles, cash relief
and/or payment received under any other Act or State-run scheme, shall be
considered as part of the compensation amount under these scheme and if
the eligible compensation amount exceeds the payments received by the
victim from collateral sources mentioned above, the balance amount shall
be paid out of fund.

207 | Page
 6. The cases covered under Motor Vehicle Act, 1988(59 of 1988) wherein
compensation is to be awarded by the Motor Accident Claims Tribunal,
shall not be covered under the scheme.
7. The DLSA, 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 Magistrate of the area
concerned, or any other interim relief as it may deem fit.

Recovery of compensation awarded

The SLSA, if deem fit shall institute proceedings before the competent
court of law in consultation with the concerned Public Prosecutor for recovery of
the compensation granted to the victim or his dependents from the person
responsible for causing loss or injury as a result of the crime committed by them.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of three years after which no claim
made by the victim or his dependents under sub-section (4) of section 357A of
CrPC shall be entertained. However, the DLSA, if satisfied for reasons to be
recorded in writing, may condone such delay.

ODISHA

Name of the Scheme

The Odisha Victim Compensation (Amendment) Scheme 2013163

The State Government of Odisha in co-ordination with the Central

Government framed the Odisha Victim Compensation Scheme, 2012164. However,
this scheme of 2012 was amended many times later in 2012165 and 2013166. The

163
Available at [Link]
Compensation%20%28Amendment%29%20Scheme%[Link](Last visited on July 18,
2019).
164
available at [Link]
[Link](Last visited on July 18, 2019).
165
available at [Link] (Last
visited on July 18, 2019)
166
available at [Link]
Compensation%20(Amendment)%20Scheme%[Link](Last visited on July 18, 2019)

208 | Page
Odisha Victim Compensation (Amendment) Scheme 2013167 was framed to
amend the Odisha Victim Compensation Scheme, 2013

Objectives of the Scheme

The objective of the scheme is to provide:

a) Financial assistance to the victim; and

b) Support services such as shelter, counselling, medical aid, legal assistance,

education and vocational training depending upon the needs of the victim.

Definition of key terms

The term victim means a person who himself/herself suffered loss or

injury as a result of crime and requires rehabilitation and in case of his/her death
also his/her dependents. Provided where the victim is a minor, his/her parents
would be dependents in case they are found to have been affected by the crime or
in case the perpetration of crime has left a scar on their dependent family
members.

Victim Compensation Fund

The scheme sets a provision for the setting up of victim compensation

fund which shall be credited by:-

1) Money out of budget provision made by the State Government for

the purpose of the Scheme;

2) All grants, subscriptions, donations and gifts made by the Central

Government, State Government, any local authority or anybody,
whether incorporated or not or any person and

3) All other sums received by or on behalf of the victims, compensation

from any source whatsoever including in compliance to any court
order.

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Assistance to be provided under the Scheme

The scheme provides that the victim or dependents, as the case may be,
shall be entitled to financial assistance and restorative support services. These
assistance shall be available in respect of each of the cases where the FIR is
lodged.

Eligibility criteria for the victim or his dependent for receiving compensation

1) The victim has not been compensated for the loss or injury under any
other scheme of the Central or the State Government or Insurance
Company or any other institution. The victim shall inform to the
authority the details of claims for compensation made under any other
scheme or from any other source. The victim will be free to choose
another scheme of Government, if the same is more beneficial to him
or her. The victim cannot claim both, or part benefit from one scheme
and part from another.

2) Loss or injury sustained by the victim have caused substantial loss to

the income of the family making it difficult to live as before without
the financial aid or has affected his dignity or personality or the
medical treatment of mental/physical injury should have caused
financial stress for the family.

3) The victim shall co-operate with the police and prosecution from the
stage of investigation till conclusion of trial of the case.

Functions of the DLSA

a) To consider the claims and provide financial assistance and support

services, as the case may be in accordance with the procedure
prescribed under the scheme.

b) To arrange for psychological, medical and legal assistance to the

affected persons.

c) To arrange for counseling support to the affected woman including

counseling of the spouse in case the affected woman is married.

210 | Page
 d) To arrange shelter for the affected woman for such period as may be
required.

e) To arrange for education or vocational/professional training as the case

may be for the affected woman under the ongoing schemes/
programmes if she require such a support for rehabilitation.

f) Issue directions to the appropriate authorities to provide protection to

the affected persons whenever deemed necessary.

g) Whenever a recommendation is made by the Court or an application is

made by any victim under sub-section 4 of section 357A of the Act to
the DLSA, the said Authority shall examine the case and shall verify
the contents of the claim with regard to the loss or injury caused to the
claimant and also may call for any other relevant information
necessary for consideration of the claim from the concerned. After
verifying the claim, the DLSA will make recommendations for
compensation.

h) The DLSA shall decide the quantum of compensation to be awarded to

the victim on the basis of loss caused to the victim, medical expenses
to be incurred on treatment, minimum sustenance amount required for
rehabilitation including such incidental charges, as funeral expenses
etc. The compensation may vary from case to case depending on fact
of each case.

Procedure for granting compensation

a) Whenever a recommendation is made by the Court or an application is

made by any victim under sub section (4) of section 357A of CrPC to
the DLSA, the said Authority shall examine the case and verify the
contents of the claim with regard to the loss or injury caused to victim
and arising out of the reported criminal activity and may call for any
other relevant information necessary in order to determine
genuineness. After verifying the claim, the DLSA shall after due
enquiry award compensation within two months, in accordance with
provisions of this scheme.

211 | Page
b) Compensation under this scheme shall be paid subject to the condition that
if the trial court while passing judgement at later date, orders the accused
persons to pay any amount by way of compensation under sub-section (3)
of section 357 of the Act, the victim shall remit an amount ordered equal
to the amount of compensation, or the amount ordered to be paid under the
said sub-section (3) of section 357 of CrPC, whichever is less. An
undertaking to this effect shall be given by the victim before the disbursal
of the compensation amount.

c) The DLSA shall decide the quantum of compensation to be awarded to the

victim on the basis of loss caused to the victim, medical expenses to be
incurred on treatment, minimum sustenance amount required for
rehabilitation including such incidental charges as funeral expenses etc.
The compensation may vary from case to case depending on fact of each
case subject to the maximum limit as given in the Schedule.

d) Compensation received by the victim from the State in relation to the

crime in question, namely, insurance, ex gratia and/or payment received
under any other Act or State-run scheme or Central-run scheme, shall be
considered as part of the compensation amount under the Scheme and if
the eligible compensation amount exceeds the payments received by the
victim from above sources mentioned above, the balance amount shall be
paid out of the Fund. The quantum of compensation to be awarded to a
victim shall not exceed the maximum limit as specified in the Schedule.

e) The victims of cases covered under the Motor Vehicle Act, 1988(59 of
1988) wherein compensation awarded by the Motor Accident Claims
Tribunal or under the provisions of the Act, shall not be covered under the
scheme.

f) The cases covered under SC & ST (POA) Act and P.C.R. Act, 1955 shall
not be covered under the scheme.

g) The compensation awarded shall be paid in two phases, first half being
within any time before commencement of trial and the rest half on
conclusion of trial.

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 h) The DLSA, 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 Magistrate of the area concerned,
or any other interim relief as it may deem fit.

Limitation period for filing a claim of compensation

The scheme has laid down a limitation period of twelve months from the
date of the crime after which no claim made by the victim or his dependents under
sub section 4 of section 357A of CrPC shall be entertained.

PUNJAB

Name of the Scheme

The Punjab Victim or their Dependents Compensation Scheme, 2011168.

Victim Compensation Fund

The scheme lays provision for constituting a victim compensation fund.

The Government of Punjab shall allot a separate budget for the fund every year.

Eligibility criteria for the victim or his dependent for receiving compensation

According to the scheme, the victim or his dependent satisfying the

following criteria shall be eligible for the grant of compensation:-

1. He/ She should not have been compensated for the loss or injury under any
other Scheme of the Central/Punjab Government, an Insurance Company
or any other institution;

2. Loss or Injury sustained by the victim or his dependent should have caused
substantial loss to the income of the family resulting difficulty in making
both ends meet without the financial aid or has to spend beyond his means
on medical treatment; and

3. Where the perpetrator of a crime is not traced or identified or where no

trial takes place but the victim is identified and the victim has to incur a lot
of expenses on physical and mental rehabilitation.

168
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(Last visited on July 18, 2019).

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Procedure for granting compensation

1. Whenever a recommendation is made by the Court for compensation or an

application is made under sub-section (4) of section 357A of CrPC to the
DLSA or the SLSA, as the case may be, the said authority shall examine
the case and shall verify the contents of the claim with regard to the loss or
injury caused to the claimant and also may call for any other relevant
information necessary for the consideration of the claim and after
completing the enquiry within the stipulated period of two months, the
DLSA or the SLSA, as the case may be, shall award adequate
compensation.

2. The DLSA or the SLSA, as the case may be, shall decide the quantum of
compensation to be awarded to the victim or his dependent on the basis of
loss caused to the victim, medical expenses incurred or to be incurred on
treatment and minimum sustenance amount required for rehabilitation
including incidental charges such as funeral expenses etc.

3. The compensation may vary from case to case depending on facts of each
case.

4. The amount of compensation awarded shall be disbursed to the victim or

his dependent, as the case may be, from the fund.

Recovery of compensation awarded

The scheme has a provision wherein the Department of Legal and

Legislative Affairs, if deemed fit, shall institute proceedings before the competent
Court of law in consultation with the Director Prosecution and Litigation for
recovery of the compensation awarded to the victim or his dependent from the
person responsible for causing loss or injury as a result of the crime committed by
him and the amount so recovered shall be deposited in the fund.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of six months from the commission of
the crime after which no claim made by the victim or his dependent shall be
entertained.

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 However, the DLSA, if satisfied, for reasons to be recorded in writing,
may condone such delay.

RAJASTHAN

Name of the Scheme

The Rajasthan Victim Compensation (Amendment) Scheme, 2015169. This
scheme of 2015 is made to amend the Victim Compensation Scheme, 2011170

Definition of key terms

The term victim means a person who has suffered loss or injury as a result
of crime and who require rehabilitation. The expression victim includes his or her
guardian or legal heir or dependents.

Victim Compensation Fund

The scheme provides for the constitution of a victim compensation fund.
Every year the State Government shall allot a separate budget for this scheme.

Eligibility criteria for the victim or his dependent for receiving compensation
a) Thas victim has not been compensated for the loss or injury under any
other scheme of the Central/State Government or any other institution;
b) Loss or injury sustained by the victim or his dependents should have
caused loss of income of the family making it difficult to meet their both
ends without the financial aid or has to spend beyond his means on
medical treatment of mental/physical injury.
c) The perpetrator of heinous crime is traceable or goes unpunished after
trial, but the victim is identifiable and has to incur expenses on physical
and mental rehabilitation, such victim may also apply for the grant of
compensation under sub-section (4) of section 357A of CrPC.
d) The offender is not traced or identified, but the victim is identified, and
where no trial takes place, such victim may also apply grant of
compensation under sub section (4) of section 357A of CrPC.

169
available at [Link]
[Link](Last visited on July 18, 2019).
170
available at [Link] visited on
August 8, 2019).

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 e) The victim/claimant report the crime without unreasonable delay to the
Judicial Magistrate of the area. Provided that the DLSA, if satisfied, for
the reasons to be recorded in writing, may condone the delay

f) The victim/claimant cooperate with the police and prosecution during the
investigation and trial of the case.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court under sub-section (2)

and (3) or an application is made by any victim or his/her dependent under
sub-section (4) of section 357A of CrPC to the DLSA or the SLSA, as the
case may be, the DLSA or the SLSA, as the case may be, shall examine
the case and verify the contents of the claim with regard to the loss or
injury caused to victim/claimant and arising out of the reported criminal
activity and may call for any other relevant information necessary in order
to determine genuineness. The DLSA or the SLSA, as the case may be,
shall award compensation within two months, in accordance with
provisions of this scheme. However, the compensation awarded by the
Special Court under the Protection of Children from Sexual Offences Act,
2012 shall be paid within thirty days from the date of the receipt of the
order of the Court.

2. The DLSA or the SLSA, as the case may be, shall decide the quantum of
compensation to be awarded to victim or his dependents on the basis of
loss caused to the victim, medical expenses to be incurred on treatment,
minimum amount required for rehabilitation including such incidental
charges as funeral expenses etc. the compensation may vary from case to
case depending on fact of each case.

3. Compensation under this scheme shall be paid subject to the condition that
if the trial court while passing judgment at later date, orders the accused
persons to pay any amount by way of compensation under sub-section (3)
of section 357 of CrPC, the victim/claimant shall remit an amount ordered
equal to the amount of compensation, or the amount ordered to be paid
under sub-section (3) of section 357 of CrPC whichever is less. An

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 undertaking to this effect shall be given by the victim/claimant before
disbursal of the compensation amount. However, this provision shall not
apply for the victim of Sexual Offences Act, 2012 and the rules made there
under.

4. The quantum of compensation decided by the DLSA or the SLSA, as the

case may be, shall be disbursed to the victim or his dependents, as the case
may be, from the victim compensation fund.

5. Compensation received by the victim from the State in relation to the

crime in question, namely, insurance, ex-gratia and/or payment received
under any other Act or scheme run by the State shall be considered as part
of the compensation amount under this scheme and if the compensation
amount under this scheme exceeds the payments received by the victim
from collateral sources mentioned above, the balance amount shall be paid
out of victim compensation fund. However, nothing in this scheme shall
prevent a child who is victim under the Protection of Children from Sexual
Offences Act, 2012 or his parents or guardian or any other person in whom
the child has trust and confidence from submitting an application for
seeking relief under any other rules or scheme of the State Government or
Central Government.

6. The cases covered under Motor Vehicle Act, 1988 wherein compensation
is to be awarded by the Motor Accident Claims Tribunal shall not be
covered under the scheme.

7. The DLSA or the SLSA, 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 Magistrate
of the area concerned, or any other interim relief as it may deem fit.

Procedure in cases of acid attack

In case of acid attack, the victim or his dependent or his guardian shall be
paid a sum of Rs. 3 Lakhs within fifteen days of the occurrence of such incident
or from the information received from officer in charge of police station. The

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officer in charge of the police station shall be liable within three days to furnish a
copy of the FIR supported by the medical reports to the District magistrate and the
DLSA. Once the case is brought to the notice of the District Magistrate, he shall
immediately facilitate medical attention and expenses in this regard and send his
recommendation within two days to the DLSA for awarding the compensation.

Recovery of compensation awarded

The DLSA or the SLSA, as the case may be, if deemed fit shall institute
proceedings before the competent Court of Law in consultation with the office of
the concerned public prosecutor for recovery of the compensation granted to the
victim or his dependents from the person responsible for causing loss or injury as
a result of the crime committed by them. The amount so recovered shall be
deposited in the victim compensation fund.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of one year after which no
application made by victim or his dependents under sub-section (4) of section
357A of CrPC, shall be entertained. However, the DLSA or the SLSA, as the case
may be, if satisfied for reasons to be recorded in writing, may condone such delay.

SIKKIM

Name of the Scheme

Sikkim was the first state in India to launch a victim compensation scheme
in 2011171. The scheme is known as Sikkim Compensation to Victims or his
Dependents Scheme, 2011172.

Definition of key terms

The scheme defines victim to mean a person who himself has suffered loss
or injury as a result of crime and require rehabilitation and includes dependent
family members.

171
See available at [Link]
[Link](Last visited on July 22, 2019).
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available at [Link] visited on
August 8, 2019).

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Victim Compensation Fund

According to the scheme, a victim compensation fund shall be provided by

the State Government to the SLSA whenever, verified claims arise. A provision
for the same shall be made every year in the State Budget.

Eligibility criteria for victim or his dependent for receiving compensation

1) The victim should not have been compensated for the loss or injury under
any other scheme of the Central or State Government or Insurance
Company or any other institution.

2) loss or injury sustained by the victim or his dependent should have caused
substantial loss to the income of the family making it difficult to meet their
both ends without the financial aid or has to spend beyond his means on
medical treatment of mental and physical injury.

3) where the perpetrator of the heinous crime is not traceable or goes un-
punished after trial, but the victim is identifiable and the victim has to
incur a lot of expenses on physical and mental rehabilitation such victim
may also apply for grant of compensation under sub-section (4) of section
357A of CrPC.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court or an application is

made by any victim or his dependent under sub-section (4) of section
357A of CrPC to the DLSA, the said Authority shall examine the case and
shall verify the contents of the claim with regard to the loss or injury
caused to the claimant and also may call for any other relevant information
necessary for consideration of the claim from the concerned applicant.
After verifying the claim, the District- Legal Service Authority will make
recommendations for compensation.

2. The SLSA shall decide the quantum of compensation to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges, as funeral

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 expenses etc. The compensation may vary from case to case depending on
the facts of each case.

3. The quantum of compensation to be awarded to the victim or his

dependents shall not exceed from the maximum limit as prescribed in the
Schedule to the scheme.

4. The amount of compensation as decided by the SLSA shall be disbursed to

the victim or dependents, as the case may be, from the Victim
Compensation Fund.

Recovery of compensation awarded

The SLSA, if deemed fit, may institute proceedings before the competent
Court of Law in consultation with the concerned public prosecutor for recovery of
the compensation granted to the victim or his dependents from the person
responsible for causing loss or injury as a result of the crime committed by him.
The amount so recovered shall be deposited in the victim compensation scheme.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of three years from the date of the
crime after which no claim made by the victim or his dependent under sub-section
(4) of section 357A of CrPC shall be entertained.

TAMIL NADU

Name of the Scheme

Tamil Nadu Victim Compensation Scheme, 2013173.

Definition of key terms

The scheme defines dependents to mean spouse, father, mother, unmarried

daughter, minor children and other legal heirs of the victim who, on providing
sufficient proof, is found fully dependent on the victim by the DLSA.

Family has been defined to mean parents, children and includes all blood
relations living in the same household.

173
available at [Link]
visited on June 22, 2019).

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 The scheme defines crime to mean an illegal act of omission or
commission made punishable by any law or an offence committed against the
human body of the victim.

Victim Compensation Fund

The scheme provides for the formation of a victim compensation fund

which shall consist of:-

a) budgetary allocation for which necessary provision shall be made in the

annual budget by the State;

b) fine imposed under section 357 of CrPC and ordered to be deposited by

the Courts in the Fund.

c) amount of compensation recovered from the accused under clause 9 174 of

the scheme.

d) donations and contributions received from International or National

philanthropist or charitable institutions or organizations and individuals.

Eligibility criteria for the victim or his dependent for receiving compensation

a) a recommendation is made by the Court under sub - section (2) or (3) of

section 357A of CrPC or the victim or his dependents make an application
to the State or the DLSA for award of compensation under sub - section
(4) of Section 357A of CrPC;

b) the victim or his dependents shall report the crime to the officer-in-charge
of the Police Station or any senior police officer or Executive Magistrate
or Judicial Magistrate of the area within forty eight hours of the time of the
occurrence of the crime: Provided that the State or the DLSA, if satisfied,
for the reasons to be recorded in writing, may condone any delay in
reporting the crime;

c) the offender is traced or identified and a trial has taken place, the victim or
his dependents has co-operated with the police and the prosecution during
the investigation and trial of the criminal case;

174
Recovery of compensation awarded to victim from wrongdoer/accused.

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 d) the crime, on account of which the compensation is to be paid under this
scheme has been occurred within the territorial limits of the State.

Procedure for granting compensation

1. whenever a recommendation is made by the court under sub-section (2) of

section 357A of CrPC or an application is made by any victim or his
dependents under sub-section (4) of said Section 357A to the State or the
DLSA, the State or the DLSA shall examine the case, verify the contents
of the claim with regard to the loss or injury caused to the victim arising
out of the reported crime. The said Authority may also call for any other
relevant information which may be necessary in order to determine the
genuineness of the claim for compensation. After verifying such claim and
conducting due enquiry, the State or the DLSA shall award adequate
compensation within two months, in accordance with the provisions of the
Scheme.

2. Compensation under the Scheme shall be paid subject to the condition that
if the trial court while passing judgement at a later date, order the accused
person to pay any amount by way of compensation under sub-section (3)
of section 357 CrPC, the victim or his dependents shall remit an amount
equal to the amount of compensation paid under the scheme or the amount
ordered to be paid under sub-section (3) of said Section 357, whichever is
less. An undertaking to this effect shall be given by the victim or his
dependents before the disbursal of the compensation amount. The trial
Court, appellate Court, the Court of Session or the High Court, while
releasing the compensation amount paid by the accused persons under sub-
section (3) of Section 357 of CrPC to the victim shall ensure that the
victim has remitted back the compensation amount disbursed by the State
under section 357A of the Code so as to avoid payment of double
compensation for the same loss or injury.

3. The State or the DLSA shall decide the quantum of compensation to be

awarded to the victim or his dependents on the basis of loss or injury
caused to the victim, medical expenses to be incurred on treatment,

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 minimum sustenance amount required for rehabilitation including such
incidental charges as funeral expenses, etc. The compensation may vary
from case to case depending on the facts of each case.

4. The quantum of compensation to be awarded to the victim or his

dependents shall be subject to the maximum limit specified in the
Schedule.

5. The amount of compensation decided under the scheme shall be disbursed

to the victim or his dependents, as the case may be, from the Fund. While
making payment of the amount of compensation, the District Collector or
the Commissioner of Police shall ensure that all the provisions of the
scheme are strictly complied with.

6. Any other compensation paid to the victim or his dependents by the State
Government in relation to the crime, such as insurance, ex-gratia, Hon‘ble
Chief Minister‘s Public Relief Fund, Hon‘ble Chief Minister‘s Accident
Relief Fund, Victims Assistance Fund or interim relief under the scheme
or any payment made under any other Act or any other State-run Scheme,
shall be considered as part of the compensation amount decided under the
scheme. The victim or his dependents who have already received
compensation amount from the other sources mentioned above shall be
deemed to be compensated under the scheme and shall not be entitled to
separate compensation under the scheme. If the compensation amount
decided under the scheme exceeds the payments made to the victim or his
dependents from the other sources mentioned above, the balance amount
shall be paid from the Fund.

7. The award of compensation made by the Motor Accidents Claims

Tribunals under the Motor Vehicles Act, 1988, shall not be compensated
towards the compensation decided under the Scheme.

8. The State or the DLSA, 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 it may deem fit.

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Interim relief to acid attack victims

Notwithstanding anything contained in this Scheme, the State or the

DLSA shall award an interim relief of Rupees three lakhs to the acid attack
victims under sub- section (6) of Section 357A of CrPC as the after care and
rehabilitation cost on the certificate of the officer–in-charge of the Police Station
or the Magistrate of the area concerned. Out of the said amount, a sum of Rupees
one lakh shall be paid to the acid attack victim within fifteen days of the date of
reporting of the crime and the balance amount of Rupees two lakhs shall be paid
to the victim within two months after the date of sanction of initial relief of
Rupees one lakh.

The above interim relief shall be subject to the provisions of clause 5175 as
may be applicable and it shall be sanctioned, drawn and disbursed to the acid
attack victims by the authorities as specified in clause 7176.

Recovery of compensation awarded

The State or the DLSA, if deem it proper, may institute proceedings before
the competent court of law for recovery of the compensation granted to the victim
or his dependents from the person responsible for causing loss or injury as a result
of the crime committed by him.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of six months from the date of the
commission of the crime after which no claim made by the victim or his
dependents shall be entertained. However, the DLSA may condone such delay if
satisfied for reasons to be recorded in writing.

TELANGANA

Name of the Scheme

Telangana Victim Compensation Scheme, 2015177

175
Clause 5 of the scheme deals with procedure for grant of compensation.
176
Clause 7 deals with procedure for sanction, withdrawal and disbursement
177
available at[Link]
Documents/important-gos/GO%[Link](Last visited on June 22, 2019).

224 | Page
Definition of key terms

The term victim is defines to mean a person who has suffered any loss or
injury caused by reason of the act or omission on the part of the accused and who
requires rehabilitation under this scheme and includes the guardian or legal heir of
such person.

The term dependent 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 the
Government in this regard and found fully dependent on the victim by the DLSA

The scheme defines crime to mean illegal act of commission or omission

or an offence committed against the human body of the victim.

Victim Compensation Fund

A victim compensation fund shall be constituted by the State Government.

The fund shall be credited by-

a) the separate budget allotment made by the Government every year, for the
purpose of the scheme duly taking into account the expenses incurred
during the previous year or the probable expenditure requested by the
SLSA;

b) all grants, subventions, donations, gifts, contributions made by the

State/Central Government, any local authority, Charitable Institutions,
Organisations, National or International Philanthropists, or individuals.

c) all other sums received by or on behalf of the Victim Compensation Fund

from any other source whatsoever.

Application of the Scheme

The crime on account of which the compensation which is to be paid

under the scheme should have occurred within the State of Telangana.

1. The crime should have been reported by the victim or his dependants to
the officer in charge of the Police Station or any senior police officer or
Executive Magistrate or Judicial Magistrate of the area within 48 hours of

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 the occurrence of crime: Provided that the Legal Services Authority, if
satisfied, for the reasons to be recorded in writing, may condone any delay
in reporting the crime.

2. The scheme shall be applicable to family whose income does not exceed
Rs.4.50 lakhs per annum.

3. The employees of State/ Central Government, Boards, Corporations and

Public Undertakings and Income Tax Payees shall not be eligible under
this scheme.

Eligibility criteria for the victim or his dependent for receiving compensation

a) on a recommendation made by the Court under sub-section (2) of section

357A of the CrPC;

b) on a recommendation by the trial Court under sub-section (3) of section

357A of CrPC for compensation at the conclusion of the trial, on
satisfaction, 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;

c) on an application made by the victim or his dependents to the Legal

Services Authority for award of compensation under sub-section (4) of
section 357A of CrPC, where the offender is not traced or identified, and
where no trial takes place;

d) the victim or his dependents shall co-operate with the police and
prosecution during the investigation and trial of the case.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court under sub-section (2);

or a recommendation is made by the court under sub-section (3); or an
application is made by any victim or his dependent under sub-section(4),
of section 357A of CrPC to the DLSA, the DLSA shall examine the case
and verify the contents of the claim with regard to the loss or injury caused
to victim and arising out of the reported criminal activity and may call for
any other relevant information necessary in order to determine

226 | Page
 genuineness of the claim. After verifying the claim and by conducting due
enquiry, the DLSA shall award compensation within two months, in
accordance with provisions of this scheme.

2. The DLSA shall decide the quantum of compensation to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment minimum sustenance amount
required for rehabilitation including such incidental charges as funeral
expenses etc. The compensation may vary from case to case depending on
facts of each cases.

3. While granting compensation under this Scheme an undertaking from the

victim or the claimants shall be obtained to the effect that in case of
granting subsequent compensation by the Court under sub-section (3) of
section 357 of CrPC or under any other law, he shall remit the excess
amount received as compensation under section 357(A) of CrPC.

4. Compensation received by the victim from the State in relation to the

crime in question, namely, insurance, ex-gratia and/or payment received
under this scheme or government orders passed to this effect shall be
considered as part of the compensation amount under this Scheme. The
victim/claimant who has received compensation amount from collateral
sources mentioned above shall be deemed to be compensated under this
scheme and shall not be entitled to separate compensation under this
scheme. If the eligible compensation amount exceeds the payments
received by the victim from collateral sources mentioned above, the
balance amount only shall be paid out of the fund.

5. The State/DLSA shall take into consideration the trauma undergone by a

Victim of Commercial Sexual Exploitation and Trafficking (VOCSET)
and the aspects of rehabilitation, reintegration and restoration of the
VOCSET.

6. The cases covered under Motor Vehicles Act, 1988 wherein compensation
is to be awarded by the Motor Accident Claims Tribunal, and cases
covered under existing government orders and government orders issued

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 by the Government from time to time shall not be covered under this
scheme.

7. The DLSA, 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 now below the rank of the
officer-in charge of the police station or Magistrate of the area concerned,
or any other interim relief, as it may deem fit.

8. The amount of compensation decided and awarded / granted under this

scheme shall be as per the schedule and shall be disbursed to the victim or
his dependents from the fund.

9. The DLSA shall, while making payment of amount towards compensation,

ensure that all the provisions of this Scheme are strictly complied with.

Disbursement of compensation to minor victim

The amount of compensation awarded to a minor victim shall be deposited

in the account of the minor as a fixed deposit, to be withdrawn only on attaining
the age of majority. However, in exceptional cases the amount of compensation
kept in fixed deposits may be withdrawn for educational or medical needs of the
beneficiary by the competent person as decided by the DLSA/ Appellate
Authorities.

Recovery of compensation from the wrong-doer

The DLSA may, if it consider proper, institute proceeding before the

competent court of law for recovery of the compensation granted and paid to the
victim or his dependents from the person responsible for obtaining an order
sanctioning compensation under this scheme based on false, vexatious, fabricated
complaint which is so held by the court, and the compensation paid shall be
recovered with 12 % interest per annum.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of twelve months since the occurrence
of the crime after which no claim made by the victim or his dependents under sub-

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section (4) of section 357A of CrPC shall not be entertained. However, the DLSA
if satisfied for reasons to be recorded in writing may condone such delay.

TRIPURA

Name of the Scheme

The Governor of Tripura framed the Tripura Victim Compensation

Scheme, 2012178

Definition of key terms

According to the scheme, 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 term dependent is defined to mean spouse, dependent children upto

age of 21 years (including legally adopted children) and dependent parents.

Victim Compensation Fund

The scheme provides for the constitution of a victim compensation

fund179. The fund shall be credited with 20% of the wages deducted from the
convicted prisoners and such other contribution and or grants as the State or
Central Government or any other organization or individual may make from time
to time.

Eligibility criteria for the victim or his dependent for recovering compensation

Under the scheme, a victim shall be eligible for the grant of compensation
if ordered by the Court. Apart from this, a victim shall be eligible if:-

a) The offender is not-traced or identified, but the victim is identified and the
victim has to incur a lot of expenses on physical and mental rehabilitation,
such victim may also apply grant of compensation under sub-section (4) of
section 357A of CrPC, provided they satisfy the conditions laid down in
clause (b) to (j);

178
available at [Link] visited
on June 22, 2019).
179
The initial corpus for the victim compensation fund shall be formed from the balance fund in
victim compensation fund created under the Victim Compensation Rules, 2007.

229 | Page
 b) The victim or claimant must report the crime to the officer-in-charge of the
local Police Station under whose jurisdiction the offence was committed or
to the Judicial Magistrate having jurisdiction before making claim for
compensation;

c) The victim or claimant (in the case of death of victim) cooperates with the
Police and prosecution during the investigation and trial of the case.
Turning hostile, refusing to depose or turn up during trial, shall be
considered to be non-cooperation.

d) The crime must be one in which the victim sustains mental or bodily
injury or dies.

e) The death or permanent incapacitation of the victim was not the result of
victim‘s own wrong doing or own substantial provocation.

f) The victim suffers substantial loss or income as a result of the crime or is

unable to take care of expenses of medical treatment for injury caused on
account of crime.

g) Due to death of the victim as a result of the crime, dependents may claim
compensation if the family becomes destitute and there is no earning
member in the family who will support the dependents.

h) The compensation would be admissible to the victim in the event of loss of

property worth Rs. 1 lakh or more and in the event of death or permanent
incapacitation of the victim because of act of crime.

i) Perpetrators of crime or his/ her dependent will not be eligible to any

compensation under the scheme.

Procedure for granting compensation

1) Wherever a recommendation is made by the Court or an application is

made by any victim or his dependent under sub section (2) of section
357A of CrPC, to the District .Legal Services Authority, it shall then
examine the claim and verify the contents of the same with regard to
the loss or injury caused to victim arising out of the reported criminal
activity and may call for medical report, FIR and related papers, copy

230 | Page
 of charge sheet/final report of the investigating officer or any other
relevant information necessary in order to determine genuineness of
the claim. After due inquiry and being satisfied of the commission of
the offence, DLSA shall determine compensation within two months,
in accordance with provisions of this scheme appended in the schedule
and forward it to the Inspector General of Prisons for payment.

2) The quantum of compensation to be determined under the scheme shall

be disbursed by Inspector General of Prison to the victim or his
dependents as directed by the Court or the Legal Services Authority, as
the case may be, either on personal appearance of the victim in the
Office of the Inspector General of Prisons or by other mode of
payment, but the payment must be made on an urgent basis.

3) Compensation under this Scheme shall be paid subject to the condition

that if the trial court while passing judgment at later date, orders the
accused persons to pay any amount by way of compensation under
sub-section (3) of section 357 of CrPC, the victim or claimant (in the
case of death of victim) shall remit an amount ordered equal to the
amount of compensation, or the amount ordered to be paid under the
said sub-section (3) of section 357 of CrPC, whichever is less. An
undertaking to this effect shall be given by the victim/ claimant (in the
case of death of victim) before the disbursement of the compensation
amount.

Basis of quantum of compensation

1) The scheme says that while deciding the quantum of compensation, the
DLSA shall do it on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, minimum sustenance amount
required for rehabilitation including such incidental charges as funeral
expenses etc. The compensation may vary from case to case depending
on fact of each case, but shall not exceed the amount specified in the
Schedule.

231 | Page
 2) Any Compensation received by the victim or his dependent from the
State in relation to the crime in question, namely, insurance, ex-gratia
and/ or payment received under any other Act or State run scheme,
shall be considered as part of the compensation amount under this
scheme and if the eligible compensation amount exceeds the payments
received by the victim from collateral sources mentioned above, the
balance amount shall be paid out of the fund.

3) The cases covered under Motor Vehicle Act, 1988 (59 of 1988)
wherein compensation is to be awarded by the Motor Accident Claims
Tribunal and cases covered under existing schemes/facilities e.g.
extremist violence scheme, die-in-harness scheme etc, shall not be
covered under the scheme.

4) The DLSA, to alleviate the suffering of the victim, may order for
immediate first aid facility or medical treatment 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 Magistrate of the area
concerned or any other interim relief as it may deem fit.

5) In case employment is given to any family member of victim of crime,

the family would not be eligible to assistance under the scheme.
However, in case such employment is given after release of
compensation under the scheme, the assistance would not be
withdrawn.

Procedure regarding victim of compensation

The victim of acid attack shall be paid a compensation amount of Rs. 3

lakhs as an after care and rehabilitation cost. Out of this amount, Rs. 1lakh shall
be paid to the victim within fifteen days of occurrence of such incident in order to
facilitate immediate medical expenses. The remaining amount shall be paid as
expeditiously and positively within two months.180

180
This has been provided by a notification dated November 2nd, 2013 available at
[Link] visited on July 18,
2019).

232 | Page
Limitation period for filing a claim of compensation

The scheme sets a limitation period of six months from the occurrence of
the crime after which no claim made by the victim or his dependents under sub-
section(4) of section 357A of CrPC shall be entertained. However, the DLSA, if
satisfied, for reasons to be recorded in writing, may condone the delay in filing the
claim for another six months.

UTTAR PRADESH

Name of the Scheme

The Uttar Pradesh Victim Compensation Scheme, 2014.181

Definition of key terms

According to the scheme, victim means a person who himself has suffered
loss or injury as a result of the crime and requires rehabilitation, and includes his
dependent family members.

Victim Compensation Fund

The scheme provides for the establishment of victim compensation fund.

The State Government shall allot a separate budget for the purpose of the scheme
every year.

Eligibility criteria for victim or his dependent for receiving compensation

a) the offender is not traced or identified, but the victim is identified and
where no trial takes place; such victim may also apply for grant of
compensation under sub section (4) of section 357A of CrPC;

b) the victim/claimant reports the crime to the officer-in-charge of the police

station within 48 hours of the occurrence or any senior police officer or
Executive Magistrate or Judicial Magistrate of the area provided that the
DLSA, if satisfied for the reasons to be recorded in writing, may condone
the delay in reporting;

c) the victim/claimant cooperates with the police and the prosecution during
the investigation and trial of the case.
181
available at [Link] visited on June 22, 2019).

233 | Page
Procedure for granting compensation

1. Whenever a recommendation is made by the Court or an application is

made by any victim or his dependent under sub section (2) of section
357A of CrPC to the DLSA, the said Authority shall examine the case and
verify the contents of the claim with regard to the loss or injury caused to
the victim and arising out of the reported criminal activity and may call for
any other relevant information necessary in order to determine
genuineness of the claim. After verifying the claim, the DLSA shall, after
due enquiry, award compensation within two months from the date of
receipt of the recommendation of the court of the receipt of application
under sub-section(4) of section 357A of CrPC in accordance with the
provisions of this scheme.

2. Compensation under this scheme shall be paid subject to the condition.

that if the trial court, while passing judgment at later date, orders the
accused persons to pay any amount by way of compensation under sub-
section (3) of section 357 of CrPC, the victim/claimant shall remit an
amount ordered equal to the amount of compensation or the amount
ordered to be paid under the said sub-section (3) whichever is less. An
undertaking to this effect shall he given by the victim/ claimant before the
distribution of the compensation amount.

3. The DLSA shall decide the quantum of compensation to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on treatment, sustenance amount required for
rehabilitation including such incidental charges as funeral expenses etc.
The compensation may vary from case to cases depending on the facts of
each case.

4. Keeping in view the particular vulnerabilities and special needs of the

affected person in certain cases, the DLSA or the SLSA, as the case may
be, will have the power to provide additional assistance of Rs, 25,000/-
subject to maximum of Rs. 1,00,000/-, in the cases where:

234 | Page
 i. The affected person is a minor girl requiring specialized treatment and
care;

ii. The person is mentally challenged requiring specialized treatment and

care;

iii. Any other case as may be deemed fit by the Legal Services Authority
concerned.

5. The amount of compensation decided under the scheme shall be disbursed

to the victim or his dependents, as the case may be, from the fund. The
interim or final financial assistance, as the case may be, shall be remitted
to the bank account of the applicant preferably within a week. In cases
where the person affected is a minor, the amount shall be remitted to the
bank account of his parent or guardian after the Authority concerned is
satisfied about the proper utilization of the amount of compensation.

6. Compensation received by the victim from the State in relation to the

crime in question, namely, insurance, ex gratia and/or payment received
under any other Act or State-run Scheme, shall be considered as part of the
compensation amount under this scheme and if the due compensation
amount exceeds the payments received by the victim from collateral
sources mentioned above, the balance amount shall be paid out of the
fund.

7. The cases covered under the Motor Vehicles Act, I983 wherein
compensation is to be awarded by the Motor Accident Claims Tribunal,
shall not be covered under this scheme.

8. The DLSA, to alleviate the suffering of the victim, may order for
immediate 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 the Magistrate of the area concerned. The
DLSA may order for any other interim relief as it may deem fit.

235 | Page
Determination of assistance

The scheme says that while determining the compensation and

rehabilitation services to be provided on the basis of the restorative needs of the
affected person, the Authority shall be guided by the following factors:-

a) Type and severity of the bodily injury suffered by the affected person and
expenditure incurred or likely to be incurred on victim's medical treatment
and psychological counseling.

b) Age and financial condition of the affected person so as to determine the

need for his education or professional or vocational training, as the case
may be.

c) Non-pecuniary loss entailing suffering, mental or emotional trauma or

humiliation faced.

d) Expenses incurred in connection with provision of any alternate

accommodation in cases where the affected person resides in a place other
than where the offence was committed and the FIR has been recorded
and/or criminal trial initiated.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of six months after which no
claim made by the victim or his dependents under sub-section (4) of section 357A
of CrPC shall be entertained. However, the DLSA, if satisfied for the reasons to
be recorded in writing, may condone the delay in filing the claim.

UTTARAKHAND

Name of the Scheme

The Uttarakhand Victim from Crime Assistance Scheme, 2013182.

Definition of key terms

The term victim means a person, who himself has suffered loss or injury as
a result of crime, acid attack, human trafficking, serious accident etc. and require
rehabilitation and includes dependent family members.

182
available at[Link] visited on
August 8, 2019).

236 | Page
Victim Compensation Fund

The scheme provides for the establishment of a victim from crime

assistance fund. A separate assistance amount for this scheme shall be allotted by
the State Government. Other than this, assistance in the form of donation, gift and
grant in aid received from government or non-government sources shall be
accepted.

Eligibility criteria for the victim or his dependent for receiving compensation

a) the offender is not traced or identified, but the victim is identified, and
where no trial takes place, such victim may also apply grant of
compensation under sub section (4) of section 357A of CrPC;

b) the victim/claimant report the crime to the Magistrate in charge or Judicial

Magistrate of the area. Provided that the DLSA, if satisfied, for the reasons
to be recorded in writing, may condone the delay in reporting;

c) the victim/claimant cooperate with the police and prosecution during the
investigation and trial of the case.

Procedure for granting compensation

1 Whenever a recommendation is made by the Court or an application is

made by any victim or his dependent under sub-section (2) of section
357A of CrPC to the DLSA, the said Authority shall examine the case and
verify the contents of the claim with regard to the loss or injury caused to
victim and arising out of the reported criminal activity and may call for
any other relevant information necessary in order to determine
genuineness. After verifying the claim the DLSA after due enquiry shall
decide the amount of assistance within two months, in accordance with
provisions of this scheme.

2 Assistance under this Scheme shall be paid subject to the condition that if
the trial court while passing judgment at later date, orders the accused
persons to pay any amount by way of assistance under sub-section (3) of
section 357 of CrPC, the victim/claimant shall remit an amount ordered
equal to the amount of assistance, or the amount ordered to be paid under

237 | Page
 the said sub-section (3) of section 357 of CrPC, whichever is less. An
undertaking to this effect shall be given by the victim/claimant before the
disbursal of the assistance amount.

3 The DLSA shall decide the quantum of assistance to be awarded to the

victim or his dependents on the basis of loss caused to the victim, medical
expenses to be incurred on medical treatment, minimum sustenance
amount required for rehabilitation including such incidental charges as
'funeral expenses etc. The assistance may vary from case to case
depending on fact of each case.

4 The quantum of assistance to be awarded to the scheme shall be disbursed

to the victim or his dependents, as the case may be, from the fund.

5 Assistance received by the victim from the State in relation to the crime in
question, namely insurance, ex-gratia and/or payment received under any
other Act Or State-run scheme, shall be considered as part of the
assistance amount under these rule and if the eligible assistance amount
exceeds or is equivalent to the payments received by the victim from
collateral sources mentioned above, then no assistance amount shall be
acceptable by this scheme.

6 The cases covered under Motor Vehicle Act, 1988 wherein assistance is to
be awarded by the Motor Accident Claims Tribunal, shall not be covered
under the scheme.

7 The DLSA, 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 Magistrate of the area concerned,
or any other interim relief as it may deem fit.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of six months after which no
claim made by the victim or his dependents under sub-section (4) of section 357A
of CrPC to the DLSA shall be entertained. Provided that the State or DLSA, if

238 | Page
satisfied, for the reasons to be recorded in writing, may condone the delay in filing
the claim.

WEST BENGAL

Name of the Scheme

The West Bengal Victim Compensation Scheme, 2012183

Definition of key terms

According to the scheme, victim means a person who himself has suffered
loss or injury as a result of crime and requires rehabilitation and includes
dependent.

The term dependent means a person who fully depends on the earnings of
the victim

Victim Compensation Fund

According to the scheme, a victim compensation fund shall be constituted.

Every year, the State Government shall allot a separate budget for the scheme.

Eligibility criteria for the victim or his dependent for receiving compensation

a) The scheme lays down that a victim of acid attack and sexual offences
including rape and human trafficking shall be eligible for the grant of
compensation if:-

a recommendation is made by the Court for compensation under sub-

section (2) of section 357A of CrPC;

b) the Trial Court, at the conclusion of the trial, is satisfied, that the
compensation awarded under section 357 of CrPC is not adequate for such
rehabilitation, or where the cases end in acquittal or discharge and the
victim has been rehabilitated, makes recommendation for compensation
under sub-section (3) of section 357(A) of CrPC;

183
available at [Link] visited on
June 22, 2019).

239 | Page
 c) the offender is not traced or identified, but the victim is identified and
where no trial takes place, such victim or his dependent may apply for
award of compensation under sub-section (4) of section 357A of CrPC;

d) they should not have been compensated for the loss or injury under any
other scheme of the Central or State Government, Insurance Company or
any other institutions.

Procedure for granting compensation

1 Whenever a recommendation is made by the Court of Compensation or an

application is made by any victim or his dependent under sub-section (4)
of section 357A of CrPC to the State or the DLSA, the said Authority shall
examine the case and shall verify the contents of the claim with regard to
the loss or injury caused to the claimant and also may call for any other
relevant information necessary for consideration of the claim from the
concerned victim or his dependent. After verifying the claim and after due
enquiry the State or the DLSA shall award compensation under sub-
section(5) of section 357A of CrPC.

2 The State or the DLSA, as the case may be, shall decide the quantum of
compensation to be awarded to the victim or his dependents on the basis of
loss caused to the victim, medical expenses to be incurred on treatment,
minimum sustenance amount required for rehabilitation including such
incidental charges, as funeral expenses etc.

3 The quantum of compensation to be awarded to the victim or his

dependents shall not exceed from the maximum limit as per Schedule of
the scheme.

4 The amount of compensation as appended to these scheme by the State or

the DLSA shall be disbursed to the victim or his dependents, as the case
may be, from the Victim Compensation Fund.

5 The cases covered under Motor Vehicles Act, 1988 wherein compensation
is to be awarded by the Motor Accident Claims Tribunal, shall not be
covered under this scheme.

240 | Page
 6 The State or the DLSA, 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 Magistrate of the area concern, or
any other interim relief as it may deem fit.

Limitation period for filing a claim of compensation

The scheme lays down a limitation period of six months after which no
claim made by the victim or his dependents under sub-section (4) of section 357A
of CrPC shall be entertained. Provided that, the State or the DLSA, if satisfied, for
the reasons to be recorded in writing may condone the delay in filing the claim.

CHANDIGARH

Name of the Scheme

The Union Territory of Chandigarh Victim Assistance (Amendment)

Scheme, 2016184. This scheme of 2016 was framed in order to amend the Union
Territory of Chandigarh Victim Assistance Scheme, 2012185.

Definition of key terms

In this scheme, victim is defined as in clause (wa) of section 2 of CrPC.

The term dependent means wife or husband, father, mother, unmarried daughter
and minor children of the victim as determined by the authority empowered to
issue dependency certificate.

Fund for the victim assistance scheme

The fund for the victim assistance scheme will be provided from the
Consolidated Fund of India. The fine imposed under section 357 CrPC and
ordered by the Courts to be deposited in the victim compensation assistance fund
will be deposited into the Consolidated Fund of India.

184
Available at[Link]
visited on June 22, 2019).
185
available at [Link] visited on
August 8, 2019).

241 | Page
Recovery of cost of assistance

The cost of the assistance shall be recovered from the wrongdoer/ accused
and shall be treated as Public Demand to be recovered in accordance with the
relevant provisions of law.

Eligibility criteria for the victim or his dependent for receiving compensation

The victim should not have received any assistance for the loss or injury
under any other scheme of the Central Government or UT Administration.

Procedure for granting compensation

a) Wherever a recommendation is made by the Court for Assistance under

sub- section (2) of Section 357A of CrPC or an application is made by any
victim or his/her dependents under sub section (4) of section 357A of
CrPC to the SLSA or the DLSA as the case may be, shall examine the case
and verify the contents of the claim with regard to the loss or injury or
both and rehabilitation necessitated as a result of the crime and may also
call for any other relevant information necessary for consideration of the
claim from the concerned.

b) The inquiry as contemplated under sub-section (5) of section 357A of the

CrPC shall be completed, within a period of sixty days from the date of
receipt of the recommendation or application.

c) After completion of inquiry, the SLSA or the DLSA as the case may be,
upon its satisfaction, shall decide the quantum of Assistance to be awarded
to the victim or his/her dependents on the basis of loss or injury or both or
for rehabilitation, medical expenses to be incurred on treatment and such
incidental charges as funeral expenses etc.

Provided that .The quantum of Assistance to be awarded to the victim or

his/her dependents shall not be less or more than what is provided in
Schedule attached to the scheme and if at a later date, compensation
awarded by the Court is more than maximum limit, the amount of
Assistance already paid shall be adjusted.

242 | Page
Disbursement of compensation to minor victim

The scheme has a provision wherein it says that in cases where assistance
is given to a minor, 80% of such assistance shall be deposited in the fixed deposit
account and shall be withdrawn only on attaining the age of majority. However,
exception can be made at the discretion of UT Legal Service Authority or DLSA
for educational or medical needs of the beneficiary.

Medical aid to the victim

The scheme has provision whereby in order to alleviate the suffering of the
victim, SLSA or DLSA of the UT of Chandigarh, may order for immediate first-
aid facility or medical benefits or any other interim relief as deemed fit, to be
made available free of cost to the victim, which shall not be adjustable against the
amount of Assistance.

Limitation period for filing a claim of compensation

The limitation period set by the scheme is three years from the date of
commission of crime after which no claim shall be entertained. However, the
SLSA or the DLSA, if satisfied for reasons to be recorded in writing, may
entertain a claim after three years.

DADRA AND NAGAR HAVELI

Name of the Scheme

The Union Territory of Dadra & Nagar Haveli Victim Assistance Scheme,
2012186

Definition of key terms

The scheme defines victim as defined in clause (wa) of section 2 of CrPC.

The term dependent means wife or husband, father, mother, unmarried

daughter and minor children of the victim as determined by the authority
empowered to issue dependency certificate.

186
Ibid

243 | Page
Fund for the victim assistance scheme

The fund for the victim assistance scheme will be provided from the
Consolidated Fund of India. The fine imposed under section 357 CrPC and
ordered by the Courts to be deposited in the victim compensation assistance fund
will be deposited into the Consolidated Fund of India.

Recovery of cost of assistance

The cost of the assistance shall be recovered from the wrongdoer/ accused
and shall be treated as Public Demand to be recovered in accordance with the
relevant provisions of law.

Eligibility criteria for the victim or his dependent for receiving compensation

In order to be eligible for grant of compensation, the victim or his

dependents should not have received any assistance for the loss or injury under
any other scheme of the Central Government or UT Administration.

Procedure for granting compensation

1 Whenever a recommendation is made by the Court for compensation

under sub-section (2 )of section 357A of CrPC or an application is made
by any victim or his dependents under sub-section (4) of section 357A of
the Act to the UT Legal Services Authority, the said Authority or the
DLSA as the case may be, shall examine the case and verify the contents
of the claim with regard to the loss or injury or both and rehabilitation
necessitated as a result of the crime and may also call for any other
relevant information necessary for consideration of the claim from the
concerned.

2 The inquiry as contemplated under sub-section (5) of section 357A of

CrPC shall be completed within a period of sixty days from the date of
receipt of the recommendation or application.

3 After completion of inquiry, the UT Legal Services Authority or DLSA as

the case may be, upon its satisfaction, shall decide the quantum of
Assistance to be awarded to the victim or his dependents on the basis of
loss or injury or both or for rehabilitation, medical expenses to be incurred

244 | Page
 on treatment and such incidental charges as funeral expenses etc. Provided
that the quantum of Assistance to be awarded to the victim or his
dependents shall not be less or more than what is provided in Schedule
attached to the scheme and if at a later date, compensation awarded by the
Court is more than maximum limit, the amount of Assistance already paid
shall be adjusted.

Disbursement of compensation to minor victim

The scheme has a provision wherein it says that in cases where assistance
is given to a minor, 80% of such assistance shall be deposited in the fixed deposit
account and shall be withdrawn only on attaining the age of majority. However,
exception can be made at the discretion of UT Legal Service Authority or DLSA
for educational or medical needs of the beneficiary.

Medical aid to the victim

The scheme has provision whereby in order to alleviate the suffering of the
victim, SLSA or DLSA of the UT of Chandigarh, may order for immediate first-
aid facility or medical benefits or any other interim relief as deemed fit, to be
made available free of cost to the victim, which shall not be adjustable against the
amount of Assistance.

Limitation period for filing a claim of compensation

The limitation period set by the scheme is three years from the date of
commission of crime after which no claim shall be entertained. However, the
SLSA or the DLSA, if satisfied for reasons to be recorded in writing, may
entertain a claim after three years.

DAMAN & DIU

Name of the Scheme

The Union Territory of Daman & Diu Victim Assistance Scheme, 2012187.

Definition of key terms

The scheme defines victim as defined in clause (wa) of section 2 of CrPC.
The term dependent is defined to mean wife or husband, father, mother,

187
Ibid

245 | Page
unmarried daughter and minor children of the victim as determined by the
authority empowered to issue dependency certificate.

Fund for the victim assistance scheme

The fund for the victim assistance scheme will be provided from the
Consolidated Fund of India. The fine imposed under section 357 CrPC and
ordered by the Courts to be deposited in the victim compensation assistance fund
will be deposited into the Consolidated Fund of India.

Recovery of cost of assistance

The cost of the assistance shall be recovered from the wrongdoer/accused

and shall be treated as Public Demand to be recovered in accordance with the
relevant provisions of law.

Eligibility criteria for the victim or his dependent for receiving compensation

In order to be eligible for grant of compensation, the victim or his

dependents should not have received any assistance for the loss or injury under
any other scheme of the Central Government or UT Administration.

Procedure for granting compensation

1 Whenever a recommendation is made by the Court for assistance under

sub- section (2 )of section 357A of CrPC or an application is made by any
victim or his dependents under sub-section (4) of section 357A of CrPC to
the UT Legal Services Authority, the UT Legal Services Authority or
DLSA as the case may be, shall examine the case and verify the contents
of the claim with regard to the loss or injury or both and rehabilitation
necessitated as a result of the crime and may also call for any other
relevant information necessary for consideration of the claim from the
concerned.

2 The inquiry as contemplated under sub-section (5) of section 357A of

CrPC shall be completed within a period of sixty days from the date of
receipt of the recommendation or application.

3 After completion of inquiry, the UT Legal Services Authority or DLSA as

the case may be, upon its satisfaction, shall decide the quantum of

246 | Page
 Assistance to be awarded to the victim or his dependents on the basis of
loss or injury or both or for rehabilitation, medical expenses to be incurred
on treatment and such incidental charges as funeral expenses etc .Provided
that the quantum of Assistance to be awarded to the victim or his
dependents shall not be less or more than what is provided in Schedule
attached to the scheme and if at a later date, compensation awarded by the
Court is more than maximum limit, the amount of Assistance already paid
shall be adjusted.

Disbursement of compensation to minor victim

The scheme has a provision wherein it says that in cases where assistance
is given to a minor, 80% of such assistance shall be deposited in the fixed deposit
account and shall be withdrawn only on attaining the age of majority. However,
exception can be made at the discretion of UT Legal Service Authority or DLSA
for educational or medical needs of the beneficiary Medical aid to the victim

The scheme has provision whereby in order to alleviate the suffering of the
victim, SLSA or DLSA of the UT of Chandigarh, may order for immediate first-
aid facility or medical benefits or any other interim relief as deemed fit, to be
made available free of cost to the victim, which shall not be adjustable against the
amount of Assistance.

Limitation period for filing a claim of compensation

The limitation period set by the scheme is three years from the date of
commission of crime after which no claim shall be entertained. However, the
SLSA or the DLSA, if satisfied for reasons to be recorded in writing, may
entertain a claim after three years.

DELHI

Name of the Scheme

The Delhi Victims Compensation Scheme, 2015188. The present scheme of

2015 repealed the Delhi Victims Compensation Scheme, 2011.

188
Available at [Link]
[Link] (Last visited on July 18, 2019).

247 | Page
Definition of key terms

According to the scheme, victim means a person who has suffered loss or
injury as a result of the offence189and in the case of his death, the expression
‗victim‘ shall mean to include his or her guardian or legal heir.

The term dependent is defined to include wife, husband, father, mother,

grandparents, unmarried daughter and minor children of the victim as determined
by the Delhi SLSA or DLSA on the basis of report of Sub-Divisional Magistrate
of the concerned area/Station House Officer/Investigating Officer or on the basis
of material placed on record by the dependents by way of affidavit or on its own
enquiry.

Victim Compensation Fund

The scheme sets a provision for the Victims Compensation Fund which
shall comprise of the following:-

a) Budgetary allocation in the shape of Grants-in-aid to Delhi SLSA for

which necessary provision shall be made in the Annual Budget by the
Government;

b) Receipt of amount of fines imposed (under section 357 of CrPC) and

ordered to be deposited by the courts in the victims compensation fund.

c) Amount of compensation recovered from the wrongdoer/accused under

clause 14190 of the Scheme;

d) Amount of compensation returned by the person receiving the

compensation as per Form 'II'191 if any;

e) Donations/contributions from International/National/Philanthropist/

Charitable Institutions/ Organizations and individuals

189
The scheme defines offence to mean any of the offences mentioned in the Indian Penal Code,
1860 (45 of 1860) or in any other law for the time being in force.
190
Clause 14 lays down provision for recovery of compensation awarded to the victim or his/her
dependents.
191
Form II is an undertaking that has to be submitted by the Victims or their dependents before
the disbursal of the compensation to the DLSA or the Delhi SLSA.

248 | Page
Eligibility criteria for the victim or his dependent for receiving compensation
In order to be eligible for grant of compensation, the victim or his
dependents should not have been compensated for the loss or injury under any
other scheme of the Central Governments or the Government of National Capital.

How to make application for compensation?

The scheme says that an application for the award of interim/final
compensation can be filed by the Victims/ or their Dependents or the SHO of the
area and it shall be submitted in the prescribed Form (Form I) along with a copy
of the FIR, medical report, death certificate, if available, copy of
judgment/recommendation of court if the trial is over, to the State or DLSA.

Place of filing the application

The scheme mentions that the application/recommendation for
compensation can be moved either before the Delhi SLSA or the concerned
DLSA. As per the scheme, the Secretary of the respective DLSA shall decide the
application/ recommendation placed before him/her. The Delhi SLSA in turn can
retain, enquire and decide the matters itself or it may call for any application/
recommendation moved before any of the District Legal Services Authorities for
disposal.

Factors to be considered while granting compensation

The scheme provides that while deciding a matter, the Delhi SLSA/ DLSA
may take into consideration the following factors relating to the loss or injury
suffered by the victim:

1 Gravity of the offence and severity of mental or physical harm or injury

suffered by the victim;

2 Expenditure incurred or likely to be incurred on the medical treatment

for physical and/or mental health of the victim, funeral, travelling
during investigation/ inquiry/ trial (other than diet money);

3 Loss of educational opportunity as a consequence of the offence,

including absence from school/college due to mental trauma, bodily
injury, medical treatment, investigation and trial of the offence, or any
other reason;

249 | Page
 4 Loss of employment as a result of the offence, including absence from
place of employment due to mental trauma, bodily injury, medical
treatment, investigation and trial of the offence, or any other reason;

5 The relationship of the victim to the offender, if any;

6 Whether the abuse was a single isolated incidence or whether the abuse
took place over a period of time;

7 Whether victim became pregnant as a result of the offence;

8 Whether the victim contracted a sexually transmitted disease (STD) as a

result of the offence;

9 Whether the victim contracted human immunodeficiency virus (HIV) as

a result of the offence;

10 Any disability suffered by the victim as a result of the offence;

11 Financial condition of the victim against whom the offence has been
committed so as to determine his/her need for rehabilitation.

12 In case of death, the age of deceased, his monthly income, number of

dependents, life expectancy, future promotional/growth prospects etc.

13 Or any other factor which the Delhi SLSA/DLSA may consider just and
sufficient.

Procedure for granting compensation

1 Wherever, a recommendation is made by the court for compensation

under sub-sections (2) and/or (3) of section 357A of CrPC or an
application is made by any victim or their dependents, under sub-
section (4) of section 357A of the CrPC to the Delhi SLSA or DLSA,
it shall examine the case and verify the contents of the claim with
regard to the loss/injury and rehabilitation as a result of the crime and
may also call for any other relevant information necessary for
consideration of the claim from the concerned: Provided that in
exceptional cases of utmost hardship and gravity and in all acid attack
cases, at any time after commission of the offence, the Member

250 | Page
 Secretary/Officer on Special Duty of Delhi SLSA or Secretary, DLSA
may suo motu or on an application by the victims/dependents may
after preliminary verification of the facts proceed to grant such relief
(including interim monetary compensation) as may be required in the
circumstances of each case.

2 The inquiry as contemplated under sub-section (5) of section 357A of

CrPC, shall be completed expeditiously and the period in no case shall
exceed beyond sixty days from the receipt of the claim/petition or
recommendation,:

* Provided that in cases of acid attack an amount of Rs. One lakh shall
be paid to the victim within 15 days of the matter being brought to the
notice of Delhi SLSA/ DLSA. The order granting interim
compensation shall be passed by the Delhi SLSA/DLSA within 7 days
of the matter being brought to its notice and the Delhi SLSA shall pay
the compensation within 8 days of passing of order. Thereafter, an
amount of Rs. 2 lakhs shall be paid to the victim as expeditiously as
possible and positively within two months of the first payment:

Provided further that the victim may also be paid such further
amount as is admissible under this scheme.

1. After consideration of the matter, the Delhi SLSA or DLSA, as the case
may be, upon its satisfaction, shall decide the quantum of compensation to
be awarded to the victim or his/her dependent(s) taking into account the
factors enumerated in Clause 8 of the scheme.

2. The award of compensation under this scheme shall be subject to the

condition that if later on the trial court while passing the Judgment orders
the accused person to pay any amount by way of compensation under
section 357 of CrPC, the victim shall refund the amount of compensation
awarded under this scheme, or the amount of compensation received in
pursuance of the order passed under section 357 of CrPC, whichever is
less. An Undertaking in Form ―II‖ hereto shall be obtained by the

251 | Page
 Disbursing Authority from the victim before the disbursal of the
compensation amount under this Scheme.

3. The cases covered under the Motor Vehicles Act, 1988 wherein the
compensation is to be awarded by the Motor Accidents Claims Tribunal,
shall not be covered under this scheme.

4. The Delhi SLSA /DLSA may call from any record or take assistance from
any Authority/Establishment/Individual/Police/Court concerned or expert
for smooth implementation of the scheme.

5. In case after the disbursement of compensation, at any stage it comes to

the notice of Delhi SLSA/DLSA that any relevant fact shared with it
during the inquiry for compensation was false, the Authority can initiate
proceedings for recovery of part/full compensation awarded after affording
an opportunity of being heard to the beneficiary.

Reasons for declining compensation

The State or DLSA may after giving adequate reasons in writing, decline
granting compensation.

Disbursement of compensation to minor victim

The scheme has a provision wherein it says that where compensation is

granted to a minor, 80% of the amount of compensation so awarded, shall be
deposited in the fixed deposit account and shall be drawn only on attaining the age
of majority, but not before three years of the deposit. However, in exceptional
cases amounts may be withdrawn for educational or medical or other pressing and
urgent needs of the beneficiary at the discretion of Delhi SLSA/DLSA.

Interim relief to victim

The scheme provides for interim relief to the victim. It says that the Delhi
SLSA or DLSA, as the case may be, may order for immediate first –aid facility or
medical benefits to be made available free of cost or any other interim relief
(including monetary compensation) as deemed appropriate, to alleviate the
suffering of the victim on the certificate of a police officer, not below the rank of
the officer-in- charge of the police station, or a magistrate of the area concerned or

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on the application of the victim/dependents or suo moto. Provided that the, interim
relief so granted shall not be more than Rs. 50,000/- in any case except in cases of
extreme hardship and gravity of the offence where an order may be passed for the
reasons to be recorded in writing. In cases of acid attack it is further provided that
a sum of rs. One lakh shall be paid to the victim within 15 days of the matter
being brought to the notice of Delhi SLSA/ DLSA. The order granting interim
compensation shall be passed by the Delhi SLSA/ DLSA within 7 days of the
matter being brought its notice and the Delhi SLSA shall pay the compensation
within 8 days of passing of order. Thereafter an additional sum of Rs. 2 lakhs
shall be awarded and paid to the victim as expeditiously as possible and positively
within two months.

Recovery of compensation awarded

The scheme provides for recovery of compensation granted to the victim
or his/her dependents from persons responsible for causing loss or injury as a
result of the crime committed by him/her. Subject to the provisions of sub-section
(3) of section 357A of CrPC, the Delhi SLSA, in proper cases, may institute
proceedings before the competent court of law for such recovery.

Limitation period for filing a claim of compensation

The scheme sets a limitation period of three years from the date of
occurrence of the offence or conclusion of the trial after which no claim made by
the victim or his/her dependents shall be entertained.

LAKSHWADEEP

Name of the Scheme

The Lakshadweep Victim Assistance Scheme, 2012192

Definition of key terms

The scheme defines victim as defined in clause (wa) of section 2 of CrPC.

The term dependent is defined to mean wife or husband, father, mother,

unmarried daughter and minor children of the victim which shall be determined
by the authority empowered to issue dependency certificate.

192
available at[Link] visited on
August 8, 2019).

253 | Page
Fund for victim assistance scheme

According to the scheme, the victim assistance scheme will be funded

from the Consolidated Fund of India. The amounts of fine imposed under section
357 CrPC and ordered to be deposited by the Courts in the victim compensation/
assistance fund will be deposited into the Consolidated Fund of India. The cost of
the assistance shall be recovered from the wrongdoer/ accused and shall be treated
as Public Demand to be recovered in accordance with the relevant provisions of
law. In order to be eligible for grant of compensation, the victim or his dependents
should not have received any Assistance for the loss or injury under any other
scheme of the Central Government or UT Administration.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court for assistance under

sub- section (2 )of section 357A of CrPC or an application is made by any
victim or his dependents under sub-section (4) of section 357A of CrPC to
the UT Legal Services Authority, the UT Legal Services Authority or the
DLSA as the case may be, shall examine the case and verify the contents
of the claim with regard to the loss or injury or both and rehabilitation
necessitated as a result of the crime and may also call for any other
relevant information necessary for consideration of the claim from the
concerned.

2. The inquiry as contemplated under sub-section (5) of section 357A of

CrPC shall be completed within a period of sixty days from the date of
receipt of the recommendation or application.

3. After completion of inquiry, the UT Legal Services Authority or DLSA as

the case may be, upon its satisfaction, shall decide the quantum of
Assistance to be awarded to the victim or his/ her dependents on the basis
of loss or injury or both or for rehabilitation, medical expenses to be
incurred on treatment and such incidental charges as funeral expenses etc.
Provided that the quantum of assistance to be awarded to the victim or his
dependents shall not be less or more than what is provided in Schedule608
attached to the scheme and if at a later date, compensation awarded by the

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 Court is more than maximum limit, the amount of Assistance already paid
shall be adjusted.

Disbursement of compensation to minor victim

The scheme has a provision wherein it says that in cases where assistance
is given to minor, 80% of such assistance shall be deposited in the fixed deposit
account and shall be withdrawn only on attainment of the age of majority.
However, exception can be made for educational or medical needs of the
beneficiary at the discretion of UT Legal Service Authority or DLSA.

Medical aid to the victim

The scheme has provision whereby in order to alleviate the suffering of the
victim, UT Legal Service Authority or the DLSA of UT of Lakshadweep, may
order for immediate first-aid facility or medical benefits or any other interim relief
as deemed fit, to be made available free of cost to the victim, which shall not be
adjustable against the amount of Assistance.

Limitation period for filing a claim of compensation

The limitation period set by the scheme is three years from the date of
commission of crime after which no claim shall be entertained. However, the UT
Legal Services Authority or the DLSA, if satisfied for reasons to be recorded in
writing, may entertain a claim after three years.

PUDUCHERRY

Name of the Scheme

The Puducherry Victim Assistance Scheme, 2012193

Definition of key terms

The scheme defines victim as defined in clause (wa) of section 2 of CrPC.

The term dependent is defined to mean wife or husband, father, mother,

unmarried daughter and minor children of the victim as determined by the
authority empowered to issue dependency certificate.

193
available at[Link] visited on
August 8, 2019).

255 | Page
Fund for victim assistance scheme

According to the scheme, the victim assistance scheme will be funded

from the Consolidated Fund of India. The amounts of fine imposed under section
357 CrPC and ordered to be deposited by the Courts in the victim compensation/
assistance fund will be deposited into the Consolidated Fund of India. The cost of
the assistance shall be recovered from the wrongdoer/ accused and shall be treated
as Public Demand to be recovered in accordance with the relevant provisions of
law. In order to be eligible for grant of compensation, the victim or his dependents
should not have received any Assistance for the loss or injury under any other
scheme of the Central Government or UT Administration.

Procedure for granting compensation

1. Whenever a recommendation is made by the Court for assistance under

sub- section (2) of section 357A of CrPC or an application is made by any
victim or his dependents under sub-section (4) of section 357A of CrPC to
the Taluk Legal Services Committees Karaikal/ Mahe/ Yanam or UT of
Puducherry SLSA or the DLSA for Puducherry Region or as the case may
be, shall examine the case and verify the contents of the claim with regard
to the loss or injury or both and rehabilitation necessitated as a result of the
crime and may also call for any other relevant information necessary for
consideration of the claim from the concerned.

2. The inquiry as contemplated under sub-section (5) of section 357A of

CrPC shall be completed within a period of sixty days from the date of
receipt of the recommendation or application.

3. After completion of inquiry, the UT of Puducherry SLSA or DLSA for

Puducherry Region or the Taluk Legal services Committees Karaikal/
Mahe/ Yanam as the case may be, upon its satisfaction, shall decide the
quantum of Assistance to be awarded to the victim or his dependents on
the basis of loss or injury or both or for rehabilitation, medical expenses to
be incurred on treatment and such incidental charges as funeral expenses
etc. Provided that the quantum of Assistance to be awarded to the victim
or his dependents shall not be less or more than what is provided in

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 Schedule attached to the scheme and if at a later date, compensation
awarded by the Court is more than maximum limit, the amount of
Assistance already paid shall be adjusted.

Disbursement of compensation to minor victim

The scheme has a provision wherein it says that in cases where assistance
is given to minor, 80% of such assistance shall be deposited in the fixed deposit
account and shall be withdrawn only on attainment of the age of majority.
However, exception can be made for educational or medical needs of the
beneficiary at the discretion of UT of Puducherry Legal Service Authority or the
DLSA for Puducherry Region or the Taluk Legal Services Committees Karaikal/
Mahe/ Yanam.

Medical aid to the victim

The scheme has provision whereby in order to alleviate the suffering of the
victim, UTof Puducherry SLSA or the DLSA for Puducherry Region or the Taluk
Legal Services Committees Karaikal/ Mahe/ Yanam, may order for immediate
first-aid facility or medical benefits or any other interim relief as deemed fit, to be
made available free of cost to the victim, which shall not be adjustable against the
amount of Assistance.

Limitation period for filing a claim of compensation

The limitation period set by the scheme is three years from the date of
commission of crime after which no claim shall be entertained. However, the UT
of Puducherry claim shall be entertained. However, the UT of Puducherry SLSA
or DLSA for Puducherry Region or the Taluk Legal Services Committees,
Karaikal/Mahe/Yanam, if satisfied for reasons to be recorded in writing, may
entertain a claim after three years.

Disbursement of compensation to minor victim

The scheme has a provision wherein it says that in cases where assistance
is given to a minor, 80% of such assistance shall be deposited in the fixed deposit
account and shall be withdrawn only on attaining the age of majority. However,

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exception can be made at the discretion of UT Legal Service Authority or DLSA
for educational or medical needs of the beneficiary.

3.5.3 Statistical Information under Victim Compensation Scheme

Below in Tables 3.5, 3.6, 3.7, 3.8 and 3.9 are provided available statistical
information under some of the victim compensation scheme:

Table 3.5

Statistical information under the VCS of Bihar

Year Nature of Number of Compensation

Offence Victims Awarded in
Rupees.
2013-14 Acid 01 25,000/-
Rape 07 1,95,000/-
Grievous 04 90000
Hurt/Death
2014-15 Acid 12 15,56,000/-
Rape 10 6,94,000/-
Grievous 00 00
Hurt/Death
2015-16 Acid 59 1,43,94,000/-
Rape 17 18,25,000/-
Grievous 05 5,75,000/-
Hurt/Death
2016-17 Acid 21 35,00,000/-
Rape 16 34,50,000/-
Death 08 20,00,000/-
Other 02 1,50,000/-
194
*Source

194
available at [Link] visited on June 22, 2019).

258 | Page
 Table 3.6

Statistical information under the VCS of Delhi

Year Nature of Number of Total amount of

Offence Victims compensation Awarded

2016 (upto Murder 115 1,57,25,000/-

August)

Cases under 185 1,90,75,000/-

section 376 IPC

Acid Attack 12 28,00,000

2015 Murder 99 1,70,40,000

Cases under 176 1,85,80,000

section 376 IPC

Acid attack 06 16,00,000

2014 Murder 29 84,97,000

Cases 263 1,95,90,000

undersection 376
IPC

Acid attack 16 35,40,000

*Source195

195
See available at [Link]
.pdf (Last visited on June 22, 2019).
See available at [Link]
[Link](Last visited on June 22, 2019).

259 | Page
 Table 3.7

Statistical information under the VCS of Haryana

Sl. Name of Number of Number of Number of Total Total

No District applications applications applications amount of amount of
received disposed of pending as compens compensat
from from 1.4.15 on ation ion disbursed
upto March, awarded from 1.4.15
2016 from to 31.3.16
1.4.15 to 31.03.201 1.4.15 to
31.3.16 6 31.3.16
1 Ambala 16 13 3 12000000 1200000
2 Bhiwani 5 4 1 700000 90000
3 Faridabad 38 22 16 2560000 960000
4 Fatehabad 26 12 14 455000 265000
5 Gurgaon 40 32 8 5293950 4108950
6 Hissar 28 24 4 2764000 1564000
7 Jind 10 9 1 645000 445000
8 Jhajjar 5 3 2 50000 400000
9 Kurukshetra 13 12 1 1770000 920000
10 Karnal 6 4 2 600000 600000
11 KaithaL 19 18 1 2552324 2702324
12 Mewat at Nuh 1 1 0 0 0
13 NarnaUl 3 3 0 400000 400000
14 PanipaT 10 4 6 353000 353000
15 Panchkula 21 15 6 1349500 1159500
16 Palwal 19 15 4 1550000 1000000
17 Rohtak 10 7 3 900000 900000
18 Rewari 2 2 0 45000 45000
19 Sirsa 18 14 4 1825000 850000
20 Sonipat 28 16 12 2210000 1925000
21 Yamuna Nagar 26 22 4 3040000 516000
Total 344 252 92 30262774 25857774
196
*Source

196
Available at [Link]
visited on June 22, 2019).

260 | Page
 Table 3.8

Statistical information under the VCS of Karnataka

Amount sanctioned and released from the Government under VCS of

Karnataka

Period Amount Sanctioned Amount released

(Rupees)

2012-13 1 crore 25 Lakhs

2013-14 1 crore -

2014-15 1 crore 1 crore

2015-16 1 crore 50 lakhs 1 crore 50 lakhs Not

yet released
2016-17 2 crore

Period Amount Disbursed

2012-13 No amount was disbursed under victim

compensation scheme.

2013-14 Amount allotted during the year 2012-13 viz

rupees 25 lakhs was utilized.

2014-15 Full amount allotted during the year 2014-15 was

Utilized

2015-16 Full amount sanctioned during the year 2015-16

was Utilized

2016-17 Rupees 2 crores allotted and first installment of

Rs. 50 Lakhs was released by Government and is
fully utilized.
197
*Source

197
Available at [Link]
.pdf (Last visited on June 22, 2019).

261 | Page
 Table 3.9

Statistical information under the VCS of Rajasthan

Statistical data, March 2017 under Rajasthan Victim Compensation Scheme,

2011

Compensation Beneficiaries Total

Awarded Men Women Children SC/ST

19330000 20 40 46 7 113
198
*Source

3.6 ANALYSIS OF THE VCS

The above discussed VCS in different jurisdictions generally reflect the
principles of the UN Declaration, 1985. Though these schemes vary with regard to
their scope and application. In essence they adhere to the standards set out by the
UN through the UN Declaration, 1985, Handbook 1999 and the UN Guide for
Policy Makers. These schemes reflects the following:

1. Whenever a victim of crime who has suffered physical or mental injury as

a result of a crime cannot recover compensation fully from the offender or
other sources, the States should step in to provide compensation. This
compensation should also extend to the dependant family members

2. States should establish funds for compensating victims of crime. ―The

funding may come from budgeted tax revenues and/or penalties imposed
on perpetrators of crime.‖199

3. In order to be eligible for grant of compensation, ―victims must be

innocent of criminal activity and ―contributory misconduct‖, report the
crime promptly to the police, cooperate with the criminal justice system
and submit documentation of loss to the compensation programme.‖200

198
See available at [Link]
circulars/AchivementsinNewsletterMarch. pdf(Last visited on June 22, 2019).
199
Ibid.
200
UNODCCP, supra note 15.

262 | Page
 4. The compensation schemes should provide compensation for injuries
suffered, emotional distress, loss of earnings, loss of dependency and in
cases where there is death of a victim funeral expenses should be met. No
compensation be made for property losses or losses resulting from a motor
accident. Compensation will be made regardless of whether the accused is
convicted or not.
5. The compensation schemes should generally lay down the maximum limit
of compensation
6. Apart from the compensation, States may establish and run victim
assistance programme which shall provide social and psychological
support to the victims of crime.

3.7 SUMMARY
In the year 1965 for the first time in the history of USA, the State
legislature of California enacted legislation for providing financial assistance to
victims of crime. By 1982, more than two thirds of the States had their
compensation schemes. In the year 1983, OVC was established whose online
directory helps victims of crime to find out services in a particular jurisdiction.
VOCA, 1984 which established the Crime Victims Fund funds victim services in
USA. The victim assistance program started in USA in 1972. The victims of
crime have been given the right to make victim impact statements which lets the
Court know the effect the incident had on their lives. In USA under the crime
victim compensation programme, expenses like medical costs, funeral and burial
costs, mental counselling, loss of wages are covered. Apart from these such
programmes also provide for counselling for relatives of sexual assault, child
abuse and domestic violence. Also expenses are provided for counselling for
relatives and legally designated decision makers of the victim. The compensation
programmes have set a limit on the maximum amount of compensation to be
awarded. The OVC after receiving the application for compensation mails within
ten days to the victims a packet of information like a victim‘s right booklet etc.
Support services ranges from criminal justice support and advocacy; information
and referrals; therapy treatment; safety; services relating to the court etc.

263 | Page
 UK in the year 1964 for the first time introduced the Criminal Injuries
Compensation Scheme. In 1995, the Criminal Injuries Compensation Act was
introduced which put on a statutory footing the Criminal Injuries Compensation
Scheme. In the month of November 2012, a new Criminal Injuries Compensation
Scheme came into force. The scheme applies in England, Scotland and Wales. It
is a government funded scheme to compensate blameless victims of violent crime.
The purpose of the scheme is to compensate ―victims of violent crime in
recognition of a sense of public sympathy for the pain and suffering of the
victim.‖201 Under the scheme, compensation for injuries (identified in the tariff of
the scheme); special expenses like loss or damage to the property of the applicant
which was used by him as physical aid etc.; loss of earnings are made.
The Code of Practice for Victims of Crime transforms the CJS by putting
the victims first and making the system more responsive and easier to navigate
and sets out services that must be provided to victims of crime by organizations in
England and Wales. Victims are entitled to services like information about what
the police is doing; victim should be able to know what is happening about the
trial; help or support to attend the court and give evidence; complain if the victim
does not get the information and support he should get.
In Germany, since 1976 compensation is paid to victims of violent crimes
on the basis of the Crime Victims Compensation Act. Compensation under the
Act is ―intended to guarantee people who have suffered damage to health on
account of a violent crime appropriate economic support.‖202 Compensation is
available for medical and curative treatment for an indefinite period; aid and
appliances like medicines, glasses, dental prostheses etc.; rehabilitation measures;
additional benefits like running the household, assistance for long-term care in
case of financial need. In Germany there are number of private victim support
organizations who render help to the victims of violence. Services like
psychological support and personal counselling, accompanying victims to court,
helping victims with official matters and paperwork etc. are provided to victims of
crime.

201
See as cited in [Link]
l_injuries_ [Link](Last visited on August 27, 2019).
202
See available at [Link]
[Link]?clang=en&idSubpage=2&member=1(Last visited on
August 27, 2019).

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