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Paper Presentation on

“VICTIMOLOGY & COMPENSATION”

By : Smt. M. Sarojanamma,
IV Additional Civil Judge (Junior Division), Kurnool.
____________________________________________________

INTRODUCTION:
Crime affects a large number of victims who suffer physical, social,
financial emotional injury or harm which needs to be promptly redressed by
providing them easy access to justice. Though, the victims of crime have
generally found support and assistance from their family, tribe or community,
they have, by and large, remained "forgotten person" in the criminal justice
administration system. It is only in recent decades that the impact of the
victimization on crime affected persons drew attention of criminal law
jurisdictions around the world and they were convinced that the victims
needed to be treated with compassion and their dignity and fundamental rights
must be protected and preserved.

Victimology- Definition & Meaning:-

Broadly speaking victimology may be defined as the scientific study of
victimisation, including the relationships between victims and offenders, the
interactions between victims and the criminal justice system; that is, the police
and courts, and correctional officials. It also includes connections between
victims and other social groups and institutions, such as the media,
businesses and social movements. However, the term victimology is not
restricted to the study of crime-victims alone but it may extend to other forms
of human rights violations that are not necessarily crimes.
The term 'victim' in general parlance refers to all those who experience
injury, loss or hardship due to any cause and one of such causes may be
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crime. Therefore, victimology may be defined as a study of people who

experience injury or hardship due to any cause. Such injury or harm may be
physical, psychological, emotional or financial. It therefore, follows that 'victim
of crime' is the person who has suffered at the hands of perpetrator of crime.
Victimology has now emerged as a branch of criminology dealing
exclusively with the victims of crime who need to be treated with compassion
and rendered compensation and assistance under the criminal justice system.
While criminology is concerned mainly with the causation of crime, victimology
is primarily concerned with the study as to why people fall a victim to crime
and how they can be helped and assisted against abuse of power or criminal
acts of offenders through access criminal justice system. The study also to
outlines the steps to be taken to prevent victimisation against crimes and
provide legal remedies to the victims of crime.

Historical Perspective:
The origin of victimology as a part of criminology may be traced back to
1940's when founders of this branch of knowledge, notably, Mendelsohn, Von
Hentig and Wolfgang initially tended to use the term to mean "hapless dupes
who instigated their own victimization" which they termed as 'victim
precipitation'
However, the notion of "victim precipitation" invoked criticism by
feminists by 1980's and the term 'victim' was interpreted in a more wider
sense to include "anyone caught up in an asymmetric relationship or
situation." The word 'asymmetry connotes anything imbalanced, exploitative,
parasitical, oppressive, disturbing, alienating or having inherent suffering.
Thus, in the modern sense, the concept of victimology includes any person
who experiences injury, loss or hardship due to any cause. The term may be
used in many forms such as accident victims, flood victims, famine victims,
tsunami victims, blast victims, cancer victims and so on. The common element
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in all of them is some kind of suffering, injury or harm caused by forces

beyond victim's control.

Theories of Victimology:
With the advance of victimological studies, the theory of 'victim
precipitation came to be perceived as a negative approach to victim because it
only focused on how victim's own contribution led to his victimization.
Therefore, most of the criminologists refuse to accept this theory, it being
destructive in nature.
Marvin Wolfgang, who opposed the theory of 'victim precipitation',
believed in the phenomenon, of 'victim facilitation' rather than 'victim blaming'.
He did not blame the victim but asserted that the interactions of the victim
make him/her vulnerable to a crime. Thus, the idea behind victim facilitation is
to study the elements that make victim more accessible or vulnerable to a
crime attack.
Benjamin Meldelsohn propounded a three model theory of victimology
and observed that the conditions that precipitate crime can be classified into
three general categories as follows:-
(1) In terms of time and space, the victim being in the
wrong place at a wrong time.
(2) Attracting factors and life-style also create a fertile
ground for incidence of crime.
(3) There are certain pre-disposing factors such as being too
young, being too poor, being in minority, being unemployed etc.
which may lead to the victimization of a person to crime.
Later, Cohen and Felson (1979) came out with their 'Routine Activities
Theory', which pre-supposes that a crime occurs when three conditions come
together, namely (i) suitable target (ii) motivated offender (s) and (iii) absence
of security or parental care or guardianship.
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Earlier, when criminology was in its emerging stage, victimology simply

meant study of crime from the perspective of the victim. Mendelsohn and Von
Hentig were the first to explore the possibility of developing victimology as an
independent branch of criminology and therefore, they are considered as the
father of victimology.'
To begin with, Von Hentig concentrated on the study of behaviours and
lities of victims of crime, such as resistance study of behavin victims
vulnerabilities of murder. He concluded that crime victims were mostly
depictive type the fell an easy target to crime due to their own carelessness.
Schater (1968) concluded that there were victims who substantially
contributed to their victimization knowingly or unknowingly, due to lack of care
and vigil. Many victims face unsympathetic treatment by the police:
prosecutors and court officials, which further aggravates their woes. Even if
the offender is apprehended and brought to trial, the victims of their crime
remain marginalized and do not have opportunity to ventilate that views and
concerns during the criminal justice process. Most of the courts do not allow
the victim to present his/her civil claim along with the criminal trial. Even if the
offender is convicted and punished, his punishment provides no relief to the
victim except mental satisfaction.
It has been often said that criminals and victims often have some sociol-
demographic characteristics such as being nearly of the same group, both
living in physical proximity' etc.
It has now been universally accepted that victim of crime is an
identifiable person who has been harmed individually and directly by the
perpetrator of crime. However, there are certain crimes, such as white-collar
crimes, wherein victims are not clearly identifiable or not directly linked to the
crime but these crimes do affect the society as a whole. Thus, in such cases,
society in general, becomes a victim to the unlawful activities of white-collar
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criminals. Other crimes in which society itself is the victim are homicides,
felonies, national frauds, etc.
The modern trend is to study victimology as a multi-disciplinary subject.
It is not only focused on victims of crime but also encompasses within it, the
study of victims of traffic hazards, natural disasters, war crimes, abuse of
power, corruption etc. The professionals involved in victimological studies
may, makers, law teachers etc. therefore, be legal practitioners, judges, policy
makers, law teachers etc.,.

'Penal Couple' concept:-

Some victimologists have projected a view that when a crime takes
place, it has two partners, one, the offender and second, the victim, who
provides an opportunity to the criminal to commit the crime. The victim is thus
a participant in the penal couple and therefore, he should bear some
responsibility for crime. But this view has also not been accepted by most
victimologists because it is more or less similar to theory of 'victims
precipitation' which stands completely discarded in the modern victimological
studies.

Victims of Crime:-
The expression 'victims of crime' refers to any person, group or entity
who has suffered injury, harm or loss due to illegal activity of someone. The
harm or injury, as said earlier, may be physical, psychological or financial.
Such a person may be called a 'primary victim' of crime. Besides, there may
also be 'secondary victim's who suffer injury or harm as a result of injury or
harm to the primary victim. For instance, the children of a raped woman or a
battered woman suffering from lack of paternity and called 'bastards.
There may also be tertiary victims who experience harm or injury due to
the criminal act of the offender. The term 'tertiary victim' means another
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person besides the immediate victim, who is victimized as a result of the first
person's action. For instance, in case of a communal riot the Muslims who are
killed, injured or whose property is ransacked are the primary victims of the
crime whereas the dependents and relatives of the deceased or injured
persons are the secondary victims of that crime. Besides these victims, the
hatred culminated for Muslim community by perpetrators of communal tension
and riot generates hate phobia and fear of violence among the Muslim
members of the society. Thus, they are the tertiary victims of the communal
riots. Let it be illustrated by yet another example. In case of rape, the woman
raped is the primary victim while her husband, children or illegitimate child, if
born out of such rape, are secondary victims. But the general share and
disgrace, which the entire family of the raped victim has to suffer makes the
members of the family 'tertiary victims Particularly, the people would shun and
avoid contacts with the family of the victimized woman and would refrain from
entering into any kind of matrimonial relationship with such a family. The
media, through newspaper reporting, television, radio etc. are to some extent
responsible for tertiary victimization in such offences.
The expression 'primary', secondary and 'tertiary' victimization suggests
that there is some sort of hierarchy in the level of suffering experienced as a
result of a crime. But it cannot be assumed that secondary and tertiary victims
necessarily suffer less trauma than the primary victims. They may also face
the physical, psychological and emotional pain similar to that of the primary
victim.
Therefore, it would not be correct to define primary, secondary and
tertiary victims in terms of more suffering, less suffering or least suffering. For
example, where a person meets with an auto-accident when a truck
negligently being driven by the driver hits an autorickshaw and the person
(occupant) was instantly killed, the deceased is the prime victim who has died.
His wife is the secondary victim, because now she is left with entire
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responsibility of supporting her children and family and if she is not a working
woman or sufficiently educated woman, her suffering would aggravate much
more. The three kids of the deceased person would be tertiary victims in this
case because they suffered the impact of the untimely loss of their father's
support and now are burdened with the responsibility of helping their mother
financially or otherwise. Though they are the tertiary victims, suffering is
perhaps far more than their mother who is secondary victim of crime and the
primary victim i.e. the deceased, having died there is hardly any question of
his suffering in strict sense of the term though it was unfortunate and fatal to
his family.
The study of victims of crime and specially the reasons why some
people are more vulnerable to victimization than others, constitutes the core
subject of study for victimologists around the world. The entire philosophy
behind victimology therefore, centres round the 'victim' who is the lynch-pin' of
victimological studies.
The legal definition of the term 'victim' typically includes:- "A person who
suffered directly or threatened physical, emotional or pecuniary harm as a
result of commission of a crime, or in the case of a victim being an institutional
entity, any of the similar harm by an individual or authorized representative of
another entity or group who are essentially covered under civil or
constitutional law and deserves assistance by the criminal justice system"
The UN General Assembly Declaration of Basic Principles of Justice for
Victims and Abuse of Power', which was adopted in November, 1985 contains
an exhaustive definition of the term 'victim of crime' in Articles 1 and 2 which
reads as follows:
"Article 1.-'Victims' means those who individually or collectively, have suffered
harm including physical or mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights, through acts or omissions
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that are in violation of criminal laws operative within member states including
those prescribing criminal abuse of power.

Article 2. A person may be considered a victim under this Declaration,

regardless of whether the perpetrator is identified apprehended, prosecuted or
convicted and regardless of the familial relationship between the perpetrator
and the victim. The term 'victim' also includes, where appropriate, the
immediate family or the dependents of the victim and persons who have
suffered harm in intervening to assist victims in distress or to prevent
victimization."

Providing Redress to Victims: -

Providing redress and resolving the problems of crime victims, being the
main concern of victimology, it seeks to remove the social confusion by
probing into the various areas relating to victims of crime which have hitherto
remained more or less neglected. It is necessary to focus on societal reaction
to law-breaking. However, victimological studies have to be associated with
criminological approaches to crime and criminals because the former is
essentially a specialized branch of the latter. The other three sub-fields of
criminology being (1) Sociology of law and penology; (2) delinquency; (3)
comparative and historical criminology. The board contents of victimology as a
branch of criminology, may be stated as follows
1. Victimization;
2. Victim offender relationship;
3. Victim-criminal justice perspective;
4. Victim and media;
5. Victims vis-a-vis societal relations;
6. Victims and costs of crime;
7. Compensatory redress for victims.
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Hans Von Hentig (1948) carried out the work of Mendelsohn (1937)
further and placed victims in five main categories as follows:-
1. The innocent who fell a victim to crime being in the wrong place at the
wrong time.
2. The depressive type who are easy target, being careless and unsuspecting.
They mostly contribute to their own injury.
3. The greedy type who are easily duped because of craze for money and
easy gain.
4. The 'wanton type' who are particularly vulnerable to stresses of life such as
juveniles, pregnant women, prostitutes etc.
5. The tormentor type who are the victims of attack from the target of their
abuse such as battered women, or those in living- in-relationship.
Ferraro (1995) has pointed out that emotional distress as a result of
crime is a recurring theme for all victims of crime. The most common problems
affecting most of the victims were psychological, including fear, anxiety,
nervousness, self- blame, shame, anger etc. These problems often lead to
development of chromic post-traumatic stress disorder (PTSD) among the
victims.
The effect of victimization not only results in generating fear in the victim
but this fear is spread in the community as well.
The factors and circumstances affecting victimization constantly keep
on acquiring different meanings with changes in the structure of society and
growing realization of the complexity of problems involved in crime causation
over the years. As said earlier, the idea about the role of victim of crime as a
contributory factor in causation of crime is otherwise known as 'victim
precipitation' or 'victim blaming'. However, it is now perceived as a negative
approach. Therefore, looking into the ways in which victims contribute to their
own victimization which formed a part of search in mid-nineteenth century
victimology has now become redundant and obsolete.
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The noted Canadian Criminologist Abdel Fattah has classified victims of

crime into five major categories as follows :-

(1) Non-participating victims are those who are completely innocent. For
example, feticide, a crime against being born, which is punishable under
315/316 of Indian Penal Code / Sections 280 of BNSS-2023. Miscarriage,
kidnapping, etc. are some other crimes the victims of which fall under this
category. Infanticide, that is, crime against unborn child, geronticide, i.e.,
killing of one's father or mother to get rid of them because of their advanced
age etc. are offences the victims of which are non-participating.

(2) Latent victims are those who have fallen a prey to a crime but do not know
that they are in any way effected thereby, e.g., blackmailing affects several
victims but they do not feel its impact or evil effect.

(3) Provocative victims, e.g., victims of dowry death who are provoked by the
offender to commit suicide.

(4) Participating victims. The crimes like sati, deodasi, prostitution, cyber-
crimes on internet are some of the examples of participating victims.

(5) The defiant or retaliating victims. Certain crimes by their very nature are
such that the victim does not readily yield to the offence and retaliates to the
extent possible to see that the offence is not committed by the perpetrator, but
eventually fails in his effort to avoid the occurrence of crime. The common
illustrations are victims of rape, robbery, dacoity cruelty against women,
domestic violence etc.,
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Yet another classification of victims may be as shown below :-

VICTIMS
A. VICTIMS OF CRIME B. VICTIMS OF ABUSE
1. Victim of Crime 2. Victims of 1. Third degree methods
relating to injury Environmental
caused to person or Offences eg.
property eg.
1. Murder 1. Gas leakage 2. Custodial torture or
death
2. Dowry Death 2. River Pollution 3. Hospital victims
etc.
3. Grievous Hurt 4. Custodial rape (FRPF,
BSF, Traffic Police)
4. Dacoity 5.Groundless arrest
5. Robbery
6. Assault etc.,

Benjamin & Masters, through their criminological studies have attributed

three factors which generate crime viz. (1) precipitating factors such as being
in the wrong place at the wrong time; (2) Attracting factors such as choices,
options, life style etc.; and (3) Pre-disposing factors which include all the
demographic characteristics of the victims, being female, young, poor,
minority, living in squalor, living single, being unemployed and so on.
Victimology of modern time has been greatly affected by the societal
influences which recognizes the people's concern about crime and rights of
victims. In U.S.A., a number of legislations have been enacted for the
protection of victim's rights and providing them compensatory justice. In India,
the recent judicial trend is to provide relief to the victims by awarding
pecuniary damages and ensure their rehabilitation. The state's concern for the
welfare of crime victims is reflected in number of legislative enactments, both
at the Centre and State level.
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However, the reluctance of victims to report cases to the police remains

an issue to be probed in by victimologists. Some of the reasons for non-
reporting of crimes are:-
(1) people's apathy and attitude of indifference;
(2) the effect of crime being insignificant or petty;
(3) identity of the offender being unknown;
(4) apprehension of threat or harassment from the culprit;
(5) social and public indignation, particularly in cases of rape, illegal abortion
and other sexual offences;
(6) considerable loss of time, money in prolonged criminal litigation;
(7) reluctance of witnesses to testify or possibility of their turning hostile;
(8) lack of faith and confidence in police action.

Needless to say, that apathy of victims to report against the offender

encourages criminality. Therefore, victimologists should concentrate the
problems which hinder victim's approach to the agencies of criminal justice
system for redressal of their woes and sufferings. Since the ultimate end of
penal justice is to protect and add to the welfare of the people and society as
a whole, victims' rights should not only be recognized by the State but they
should be well protected by the law and victims' services should be further
extended. The emergence of compensatory jurisprudence is indeed a
welcome step from the point of view of human rights philosophy.

Impact of Victimization:-
The impact of crime on victim may be physical, financial or
psychological.
Physical impact:- The victim is likely to experience a number of physical
reactions to crime to which he has fallen a victim. These may include hyper-
tension, increased heart-beats, numbness, grief, sadness etc. At the time of
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crime being committed against a person, he/she has to choose between "fight
or flight", that is either to fight against the perpetrator of crime and offer
resistance or the subdue and meekly fall a prey to his criminal act. Many a
times, the physical reaction may not occur until the threat or danger has
passed away and the victim may suffer from a mental trauma at a later stage
when his memory returns and he may suffer the distress or shock even
throughout his/her life.
Another significant physical impact of crime on the victim is physical
injury which may be apparent and immediate or may be realized by the victim
at a later stage. The injuries caused by knives or firearms are usually fatal and
more damaging. There may be some physical injuries which have a
permanent effect whereas some may be of a temporary nature i.e. healable in
course of time.
Financial impact. The financial impact of crime on the victim may be in any
one or more of the following forms:
1. costs and expenses incurred in medical treatment for physical injuries,
2. damage to property or articles in possession;
3. Litigation cost incurred in fighting against the crime and criminal te.
perpetrator.
4. Employment loss or financial suffering due to loss of earnings.
5. Funeral or burial expenses, if any.
In some cases, the victim may be compelled to move or shift elsewhere for
security or other reasons. In that case, he has to bear additional costs of
shifting and expenditure for resetting elsewhere.
Besides the physical and financial impact of victimization, the marital
and other relationships of crime victim are also likely to be adversely affected
which may result in fatal consequences and even destroy his settled family
life. This generally happens in case of women who are victims of rape or any
other sexual offence.
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The offences such as murder, rape, torture, assault, robbery etc. have a
lasting effect of insecurity, fear, helplessness, anger etc. not only in the victim
but the community as a whole which might also feel victimized and insecure.
Researches on victimology have shown that the effect of victimization is
particularly too hard on poor, disabled and socially neglected people. In many
cases, it so happens that once a victim has fallen a prey to a crime, he/she is
susceptible to subsequent victimization by the same crime or other form of
crime. This is often true in case of victims of rape. These "repeat-victims" find
it difficult to get out of the clutches of the perpetrator of crime for a variety of
reasons.

Psychological impact: Where the victim is confronted with the crime

perpetrator immediate reaction will be anger or fear depending on his physical
strength and capacity to face the misfortune. Shock and mental trauma follow
subsequently after the crime has bene committed and the victim regains
senses and is able to recapulate as to how he has been victimized. He gets so
much distressed that he loses self-confidence and self-esteem and life seems
to have no meaning for him.
The psychological impact of victimization is clearly reflected in the
behavioral responses of the crime victim, which may include increased
alcoholism, excessive use of drugs, segregation of social relationships,
avoidance of people's contact or social withdrawal and so on. There may,
however, be some victims who are able to shed aside their distress and shock
and return to normal life in course of time.
The capacity of victims to cope with the effect of crime varies depending
on his/her mental frame. While some victims may develop a serious post-
traumatic stress disorder (PTSD), others may not be so affected. The PTSD
assumes a more serious form when victim finds that he/she is not believed or
people do not want to share her horrible "experiences and attribute his/her
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victimization to his/her own fault or carelessness. This is more true in case of

a rape victim when people blame her for having 'walked alone' or "dressed
attractively".

Secondary Victimization From Criminal Justice & Society:-

Having suffered primary victimization in the form of physical, financial or
emotional impact of crime, the crime victim, more often than not is also
subjected to secondary victimization from tiresome court proceedings and also
the society as a whole. The victim suffers from secondary victimization if
his/her human or legal rights are refused by the court due to manipulated
evidence put forth by the criminal and the court gives its decision against the
victim on the basis of that evidence.
This institutionalized victimization is more painful for the victim. Even at
the investigation and trial stage of the case, the victim may have to suffer
secondary victimization at the hands of police and investigation personnel. It is
mainly due to procedural processes and procedure of the criminal justice
system which shows little concern for the mental torture and suffering of the
victim and concentrates more on the prosecution of the offender.
Other agencies which may cause secondary victimization may be
hospital procedures, especially in case of victims of rape and sexual offences
and the relatives and friends of the deceased in murder cases. The victim is
generally refused immediate medical care and treatment until the matter is
taken up by the police and they approach the hospital authorities. Obviously,
the victim's treatment is delayed for this reason.
The society's attitude towards the crime victims also accounts for his
secondary victimization. Instead of sympathizing and helping the victim, his
relatives, friends, neighbours etc. may squarely put the entire blame on the
victim himself. They attribute victim's own behaviour to the occurrence of
crime, of which he is the victim.
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In cases where the victimization is the result of abuse of power, the

victim's sufferings are further aggravated because in such cases, the crime is
committed by those who are supposed to be the protector of the victim. The
instances are custodial tortures, victims of police atrocities, misuse of power
by hospital authorities against patients, custodians of jails, orphanages,
rescue homes, reformatories etc. The shock and sense of loneliness suffered
by the victims of such misuse of power shatters his/her personality and makes
him not to trust anyone in this world. Another serious consequence that
follows in case of a victim where the offender happens to be a state authority
is that it is difficult for the victim to prove the guilt of the accused (offender).
The victims of collective violence in case of communal riots, bomb blast
terrorism, religious or racial conflicts etc. not only suffer immediate primary
and secondary victimization, but their trauma continues for future having
adverse effect on their family and children. This may also result in victim's
displacement leaving them without food, shelter and protection until they are
re-settled or suitably rehabilitated.
All these problems are directly related to victimization of crime victims
and need to be taken into consideration by victimologists. The criminal justice
system should provide remedies and relief to crime victims against violation of
their human and fundamental rights.

Restorative Justice for Crime victims:-

Gone are the days when retributive and preventive theories of criminal
justice were holding the field in dealing with crime live theories of criminal
decades, the rehabilitative approaches in penology have gideriminals. Ingen
the of justice. It represents given rise to emergence dispensation of criminal
justice by involving the offender, the victim and the community as a whole, to
ensure a balance between offender's punishment and protection of victim's
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rights. Compensatory relief to victim is the 'key-feature of restorative justice

system.
The concept of restorative justice is woven around four major themes,
namely (1) Restoration (2) Accountability (3) Community Protection and (4)
Skill development.
(1) Restoration:- It implies help and support to victim of crime, whether the
offender is apprehended and arrested or not. The victim is restored to normal
life in society by community's restorative efforts. Similar restoration of offender
to community is also a part of restorative process wherein the offender is
made to realize and acknowledge the harm or injury caused by him to the
victim and show willingness to be accountable for his wrongful action and
redress the harm or sufferings of the victim. Thus, restorative justice lays
equal importance on the rehabilitation of both victim and the offender and
makes offender to realize the consequences of his offence on the victim and
compensate the latter for the loss or injury caused due to crime.
(2) Accountability:- The process of victim-offender mediation leads the
offender to accept accountability for harmful consequences of his criminal act
on the victim and he makes amends to the victim and also to the community.
Accountability of the offender and acceptance of guilt by him, has a soothing
effect on the victim which facilitates overcoming trauma and distress caused
due to his victimization. It is a positive approach involving both, offender and
the victim to understand each other.
(3) Community Protection:- Community surveillance provides best
opportunities to the offender to rehabilitate and reform himself and channelize
his energy into productive activities. For victim, community's protection and
assistance greatly helps in his return to normal life, forgetting the past
(victimization) and look for the bright future. It provides him moral strength to
withstand the sufferings and consequences of his victimization.
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(4) Skill development:- Vocational training provides opportunities for the

offender as also the victim to develop new skills which may help in his
restoration and rehabilitation. Competency of development programmes
constitutes a vital segment of the restorative justice system.

Victim's Assistance Programme:-

The UN hand book on Justice for Victims has outlined a comprehensive
victim assistance scheme for the redress, relief and rehabilitation of the
victims of crime. The crime victims need help and support to pull them out of
the emotional trauma and physical and financial injuries suffered by them.
They also deserve support for participating in the criminal justice process and
compensatory relief from the offender and/or the government. The main
objectives of the victim's. Assistance Programme may be stated as follows:-
1. The governments and voluntary social service organizations should come
forward to assist the victims of crime in their restoration and rehabilitation;
2. The services and assistance for victims should not be confined only to the
immediate injury, harm or deprivation of rights but should extend further
throughout the aftermath;
3. Efforts should be made to expand victim's opportunity to participate in
criminal justice process and the courts should also realize the impact of crime
upon the victim and his family;
4. Developing community support to crime victims by mustering cooperation of
all appropriate agencies, organizations, groups, social activists etc. Services
affecting the treatment of victims should also be strengthened;
5. criminal justice system should appreciate the 'unique needs' of victims who
are under-served or rendered without service or support of any kind.
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Advisory Group:-
In order to attend to the needs of victims in a particular area, the UN
has suggested establishment of formal or informal advisory groups having
understanding and knowledge of interests of crime victims. These groups
should include representatives from police, prosecution, health, psychologists
professionals, academicians and ofcourse, peoples representatives from the
locality. The groups should interact with victims to solve their problems and
work in close liaison with other voluntary social service agencies. The system
would facilitate collection of information and data about the victims which may
be used for policy formation by the law- makers.
The advisory group should be truly representative in character and
include both males and females of varying ages and persons from different
geographical areas, cultures, religions, races and economic status.

The functions of the Advisory Group may include-

(1) to collect information regarding incidence of victimization;
(2) to conduct surveys and interviews with victims of crime;
(3) to initiate measures to provide redress and relief to victims on the basis of
police report, medical report or media reports etc.
(a) to survey social service institutions and community leaders for
assisting the victims and solving their problems.
(b) to participate in the criminal justice process to represent the cause of
victims.
However, while interacting with the victims and fighting for their cause,
the representatives of the Advisory Group should maintain confidentiality
regarding victim's details subject to legal requirements. The identity of the
victim should not be disclosed with a view to preventing his stigmatization.
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Type of Services:-
The different type of services which the professionals engaged in
victim's assistance may render can be in the form of
(1) crisis intervention;
(2) Counseling;
(3) Advocacy;
(4) Support during investigation process;
(5) Support during criminal proceedings and trial;
(6) Support after disposition of the proceedings;
(7) Violence prevention and
(8) Offender-Victim mediation.

Safeguarding Victim's Rights through Legal Reforms:-

Ever since the adoption of the Declaration of Basic Principles of Justice,
for victims of Power Abuse and Crime in 1985, considerable progress has
been made by many nations including India, to provide assistance to victims
of crime. However, there has been general lack of support services and
counselling as a legal measure for the crime victims and whatever assistance
is provided to them, it is more or less in the form of family support or
reimbursement of medical treatment expenses or litigation costs etc.
Therefore, it has to be admitted that this vital issue has not received the
attention of criminal law administers, which it deserves, and there is general
lack of adequate policies sensitive to victims. It may be because of the lack of
sense of commitment or want of political will to ameliorate the woes and
problems of victims of crime. There is need to mobilize public opinion and
sensitize criminal justice administrators to persuade the Government and law-
makers to provide a comprehensive legal framework for assistance and
compensatory relief to victims on the lines suggested by the World Society of
Victimology and the United Nations in its handbook on 'Justice for Victims'.
 21

The legislative policy and law reform on victim's redressal and their
assistance should be based on certain fundamental principles which are as
follows:-
1. Victims of crime deserve respect for their dignity, privacy and personal
liberty;
2. Victims need assistance and support to cope with the aftermath of their
victimization and their alienation from the society should be prevented:
3. The costs of policing, criminal justice, corrective measure and of course, the
reparation for loss of property or injury to person including medical treatment
cost etc should be recoverable by the victim from the offender or the state or
from both;
4. Victim being the first-hand witness and the main source of information
about crime and criminal, his version (statement) is of crucial importance for
police, prosecutors and courts. Therefore, the testimony of victims should be
properly weighed and evaluated and not easily discarded:
5. While accepting the plea bargaining under section 265-A of the Code of
Criminal Procedure, 1973, the claims of victim(s) should not be ignored in an
anxiety to dispose of the case promptly;
6. The constitutional and human rights of the victim of crime should be legally
safeguarded.

Care and Protection of Victims in other Countries: -

The continental countries have recognized two types of rights for victims
of crime as basic and indispensable. They are right of victim (s) to participate
in criminal proceedings, which includes right to be impleaded, right to know
and to be heard and help the court to find out the truth. The other right which
every victim must avail is to seek and receive compensation for the harm or
injuries suffered including right to appropriate interim reliefs during the court
proceedings.
 22

The French criminal justice system entitles all the parties who suffer
injuries or damages as a result of crime, to be impleaded as parties right from
the time of the investigation stage. They can move the court for appropriate
action if they find that the investigation is being unnecessarily delayed or
distorted. The participation of victim in the criminal proceedings is deemed
necessary from the point of view of supplementing the evidence. It may also
help in eliminating the possibility of unjustified withdrawal or closure of the
case on extraneous or flimsy grounds as the victim may resist the same or in
case the victim has died, his legal representatives may move the court for the
cause of justice to the deceased victim. Even the registered welfare
organizations may get themselves impleaded in case of victims of rape or
sexual offences or where the victim is a child.
The modern American criminal justice system seeks to be more focused
on safeguarding the rights and interests of the victims of crime by affording
there every possible opportunity to ventilate their just cause before the trial
court and seek relief.
The victimological developments in USA during the past three decades
have shown that understanding of victim facilitation helps considerably in
increasing public awareness about the victim-offender relationship and at the
same time it also helps in crime investigations.
Mauvice Godwin (1998), has suggested that victim's social behaviour
and personality are directly related to his involvement in crime and therefore,
study of victims is necessarily multi-disciplinary in nature. It not only involves
scope for compensation to the victim as a means of redressal but also
approaches the problems of victims form the epidemiological point of view.
The National Crime Victimization Survey is the primary source of
information on statistics relating to victims of crime in United States. It
represents victimization rate for different offences and various segments of the
population such as women, elderly citizens, racial groups, urban groups, etc
 23

The survey also contains data regarding the frequency and consequences of
criminal victimization in the country which enables the criminal law agencies to
formulate preventive strategics to minimize victimization.
The Supreme Court of the U.S. recognized the rights of crime victim for
the first time in the case of Payne v. Tennessee! at the sentencing stage of
the trial. It marks the beginning of judicial recognition of the rights of victims
and need for restorative justice for them. It has now bene accepted as an
indispensable aspect of the American criminal justice system. A victim impact
panel is formed in which the crime victim (relatives of deceased victim) meets
with the offender after his conviction and tells him about the impact of crime
and asks for restoration.
South Asian Society of Criminology & Victimology (SASCV):-
More recently, an international association called the South Asian
Society of Criminology & Victimology (SASCV) has been founded in February
2011, to nurture and promote criminological and victimological knowledge in
South Asian countries such as Afghanistan, Bangladesh, Bhutan, India,
Pakistan, Maldives, Sri Lanka and Nepal. The countries share their best
practices in order to develop understanding of criminology and victimology as
two important branches connected with criminal justice system. The emphasis
is in victim's restorative justice, both at the governmental and the non-
governmental level.
It has been generally accepted that the South Asian countries are facing
acute problems of corruption, criminal violence, terrorism, extremism, white
caller crime and cyber-crimes, human rights violations, victimization etc. The
SASCV seeks to initiate measures to assist member countries in framing
criminal justice oriented legislative policies to support and cater the needs of
victims of crime and of abuse of power.

The main objectives of the South-Asian Society (SASCV) are as under :-

 24

1. to serve as an international impartial, non-political and non-profit making

association whose purpose is to promote criminology and victimology in South
Asian region;
2. to function in close collaboration with other national and international bodies
to use the available resources for propagation of victimological knowledge;
3. Scientific exchange of experts and organization of international seminars,
symposia, workshops, conferences etc. on the related subject;
4. to encourage, promote and co-ordinate research development programmes
and evaluation activities related to criminology and victimology in the South
Asian region.
5. to sensitise those who are responsible for criminal justice system regarding
need for care, help and assistance to victim of crime through resort to
restorative justice;
6. to promote education and training of criminologists and victimologists and
professionals working in this field, particularly, the officials entrusted with the
administration of criminal justice.

Victims of Crime-Indian Position:-

Section 2 (x) "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 includes the guardian or legal heir of such victim;
The expression 'victims of crime' has been defined in section 2 of BNSS-
2023 Initially, the criminal justice system in India was focused on punishment
as part of the crime without much attention on the suffering of victims of crime.
The rights of prisoners were protected even after their conviction whereas little
concern was shown for the rights of victims of crime. However, with the
emergence of public interest litigation the higher courts attention was drawn to
these lacunae in the existing criminal justice system by social activists, and
 25

the courts started granting compensatory relief to victims of crime, but a

comprehensive legislation on this aspect of criminal justice was still awaited.
Expressing concern for the plight of victims of crime Justice V.R.
Krishna Iyar commented "the criminal law in India is not victim oriented and
the suffering of victim, often immeasurable are entirely overlooked in
misplaced sympathy for the criminal. Though our modern criminal law is
designed to punish as well as reform the criminals, yet it overlooks the by-
product of crime i.e. the victim."
The Supreme Court has reiterated time and again, that a prisoner, be
he a convict or an under trial or a detenue, does not cease to be a human
being even when lodged in jail and therefore, he continues to be entitled to all
his fundamental rights including right to life guaranteed under Article 21 of the
constitution. As such he cannot be deprived of his right to liberty in
accordance with the procedure established by law, even after his conviction
and imprisonment in jail. But no such concern is shown for the poor victim of
crime who is left to suffer the aftermath of his victimization except awarding
him monetary compensation in certain cases.
However, the victimological developments that have taken place during
the preceeding two decades and the international efforts to focus on need for
restorative justice to victims have yielded positive results and the member
states have started framing laws and legislative policies extending protection
to the rights of crime victims.
In response to the UN Declaration, In India the Code of Criminal
Procedure was amended in 2008 as to widen the definition of 'victim as
contained in Sec. 2 (1)(x) of the BNSS. 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 includes his/her guardian or
legal heir.
 26

Compensatory relief to victims:-

The legislative framework regarding compensatory relief to victims of
crime in India may be traced to the Code of Criminal Procedure. The
Probation of Offenders Act, 1958 and the Motor Vehicles Act, 1988 also
contain provisions for award of compensation to victims of crime. Besides
these legislations, the constitutional scheme for compensatory victims is to be
found in the form of decisions of the Supreme Court while interpreting
fundamental rights or directive principles of State Policy or Articles 32, 136
and 142, when the Court may direct payment of compensation to victim's of
crime.
Compensatory Provisions in BNSS.:-
Sub sections (1) and (3) of Section 357 of CrPC (Section 198 of BNSS-
2023) vest power in the trial court to award compensation to victim of crime
whereas similar power is conferred to the appellant and revisional court under
sub-section (4). The Court may appropriate the whole or any portion of fine
recorded from the offender to be paid as compensation to the victim of crime.
The compensation ordered to be paid under section 198 of BNSS may
be for costs, damage or injury suffered or loss caused due to death or
monetary loss incurred due to theft or destruction of property etc.
Sub-section (3) further empowers the court, in its discretion, to order the
accused to pay compensation to victim of his crime, even though no fine has
been imposed on him.
It is significant to note that a new section 357-A of CrPC (396 of BNSS)
with effect from December 31, 2009, which envisages 'Victim Compensation
Scheme.' The section reads as under "357-A. Victim Compensation Scheme.
(1) Every State Government in coordination with the Central Government,
shall prepare a scheme for providing funds for the purpose of compensation to
the victim or his dependents who have suffered loss or injury as a result of the
crime and who require rehabilitation.
 27

(2) Whenever recommendation is made by the Court for compensation, the

District Legal Services Authority or the State Legal authority, as the case may
be, shall decide the quantum of compensation to be awarded under the
scheme referred to in sub-section (1).
(3) If the trial court, at the conclusion of trial, is satisfied, that the
compensation awarded under Section 357 is not adequate for such
rehabilitation, or where the cases end in acquittal or discharge and the victim
has to be rehabilitated, it may make recommendation for compensation.
(4) Where the offender is not traced or identified, but the victim is identified,
and where no trial takes place, the victim or his dependents may make an
application to the state or the District Legal Services Authority for award of
compensation.
(5) On receipt of such recommendations or on the application under sub-
section (4), the State or the District Legal Services Authority shall, after due
enquiry, award adequate compensation by completing the enquiry within two
months.
(6) The State or the District Legal Services Authority, as the case may be, to
alleviate the suffering of the victim, may order for immediate first aid facility or
medical benefits to be made available free of cost on the certificate of the
police officer not below the rank of officer-in-charge of the police station or a
Magistrate of the area concerned, or any other interim relief as the appropriate
authority may deem fit."
The scheme contained in the section is indeed a progressive measure
to ameliorate the woes of crime victims and providing them restorative relief.
The Code also provides compensatory relief to victims of unlawful arrest
or detention by police without sufficient cause.
Where an accused is convicted of a non-cognizable offence on a
complaint, the court may order him to pay costs to the complainant or in
default, suffer simple imprisonment for a period not exceeding thirty days.
 28

In case of recovery of amount of fine, of which, the whole or a part has

to be paid as compensation to the victim, the court may order attachment or
sale of movable property of the offender for its recovery as arrears of land
revenue, if necessary.
Compensation under Probation of Offenders Act:-
The Probation of Offenders Act, 1958 also contains provision for
compensatory relief to victim of crime under section 5(1) of the Act. The
section provides that the court directing the release of an offender under
Section 3 or Section 4 of the Act, may if it deems fit, further direct the accused
to pay such compensation to the victim, as the court thinks reasonable for the
loss or injury caused to the latter, as also the costs of the proceedings.
Compensation to victim under Motor Vehicle Act:-
The victims of vehicular accidents or their legal representatives in case
of death of the victim are entitled to claim compensation from the offender
under Section 5 of the Motor Vehicle Act, 1988. However, the power in this
regard is vested only with the trial court and none else.
Compensatory Relief to Victims-Judicial Trend:-
The contribution of judiciary to redress the claims of victims of crime is
no less significant. The higher courts have played a dominant role in assuring
compensatory justice to the victims of crime. While awarding such
compensatory relief, they have exercised due care and caution to ensure that
people's faith in judicial process is not shattered and the victims protective
rights are not denied to them. Some of the landmark judgments of the
Supreme Court ensuring restorative justice to victims of crime reflect the
growing concern of judiciary to protect the rights of victims.
Elaborating the scope of award of compensation to victim of crime,
Justice VY. Chandrachud CII (as he then was), in Rudal Shah v. State of
Bihar, observed that a person is entitled to compensation for the loss or injury
 29

caused by the offence, and it includes the wife, husband, parent and children
of the deceased victim.
The Apex Court in Sarwan Singh v. State of Punjab, enumerated the
factors which the courts should take into consideration while ordering award of
compensation to the victim of crime. These factors include capacity of the
accused to pay, nature of the offence and the nature of injury suffered by the
victim as also the overall effect of crime on the victim's familial and social life
and emotional or financial loss caused to to him/her. The Court ruled that the
quantum of compensation must be reasonable, depending upon the of facts,
circumstances and justness of victim's claim. The accused must be given
reasonable time for payment of compensation and if necessary, it may be
ordered to be paid in instatements.
In Bhim Singh v. State of J & K., the Apex Court observed that
"compensation for illegal arrest and detention is an area which unearthed new
doctrines pertaining to compensatory jurisprudence in India. In this case, the
appellant was a Member of the J.&K. Legislature Assembly who was arrested
by the police in connivance with the local A.D.M. while on his way to attend
the assembly session. He was maliciously and deliberately arrested and
detained in policy custody in order to prevent him from attending the assembly
session. Allowing the petition, Justice Chinnappa Reddy, speaking for the
Apex Court observed that where a person has been arrested and detained
with a malicious and mischievous intent and his legal and constitutional rights
are invaded, the malice and the invasion is not washed away by his being set
free. The court has the jurisdiction to order compensation to the victim. The
State was therefore, directed to pay a compensation of Rs.50,000/- to the
petitioner for the violation of his legal and constitutional right.
The question of award of compensation to a victim of rape came up for
adjudication before the Supreme Court in the historic Bodhisatva Gautam v.
Subhra Chakraborty's case. The Court in this case noted:
 30

"Rape is a crime not only against the person of a woman, it is a crime

against the entire society. It destroys the entire psychology of a woman and
pushes her into deep emotional crisis. It is, therefore, a most dreaded crime. It
is violative of the victim's most cherished right, namely right to life, which
includes right to live with human dignity as contained in Art. 21 of the
Constitution."
The Court ordered that the accused shall pay an interim compensation
of Rs. 1000/- per month to the victim (woman) of his crime (ie. rape) during the
entire period of trial proceedings. The Court further ruled that "compensation
to victim under such conditions will be justified even when the accused was
not convicted.
In State of Maharashtra v. Christian Community Welfare Council of
India, the Supreme Court was called upon to decide whether the
compensation paid by the State to the victim can be recovered from the guilty
officer. Justice Hedge, speaking for the court held that it will depend on the
fact whether the alleged misdeed by the officer concerned was committed in
the course of the discharge of his official duties and whether it was beyond or
in excess of his lawful authority. If it was found that the appellant officers did
cause the death of the deceased and exceeded their lawful authority, then
they cannot escape the liability to compensate the heirs of the deceased
victim.
In R. Gandhi v. Union of India, the District Collector of Coimbatore had
recommended that the State Government shall pay Rs. 33,19,003/- as
compensation to those families of Sikhs and others living in Coimbatore, who
were victims of arson and rioting in the wake of assassination of the former
Prime Minister of India, Shri Rajeev Gandhi. The High Court of Madras,
upheld the order of the District Collector. Justice S.A. Kadar of the Court
observed:
 31

"Legally and morally by all canons of fair play, by all principles of justice,
equity and good conscience, the State of Tamil Nadu is bound to pay
compensation to victims as assessed and recommended by this senior
officer, the Collector of Coimbatore."

In yet another landmark case on victim's compensatory relief, namely,

D.K. Basu v. State of West Bengal, the Supreme Court, inter alia made the
following observation:
"The monetary and pecuniary compensation is an appropriate
and indeed an effective and sometimes perhaps the only suitable
remedy for the redressal of the established infringement of the
fundamental right to life of a citizen by the public servants. The State is
vicariously liable to which the defence of sovereign immunity is not
available and the citizen must receive the amount of compensation
from the state; which shall have the right to be indemnified from the
wrongdoer."
The Supreme Court in State of Andhra Pradesh v. Chalia Ramakrishna
Reddy, relying on its earlier decision in D.K. Basu, awarded Rs. 1,44,000/- as
compensation against the State Government for death of a person caused
while he was in judicial custody. Rejecting the defence plea that the prisoner
was put in jail in exercise of State's sovereign function, the Court ruled that the
concept of sovereign power is not an exception to the right to freedom of life,
and constitutional guarantee of right to live overrides the theory of state
immunity.
In Delhi Democratic Working Women Forum v. Union of India seven
military jawans raped six village girls who were travelling by train. The court
directed the Central Government to pay Rs. 10000/- to each victim as
compensation and ordered that the names and identity of the victimized girls
be kept secret to save them from social stigma. The court also directed the
 32

National Women Commission to prepare a rehabilitation scheme for such

victims and expressed the need for setting up of a Criminal Injuries
Compensation Board which should decide the quantum of compensation to be
paid to victims of rape after taking into consideration their shock, suffering as
well as loss of earning due to pregnancy and the expenses of child birth, if
caused as a result of rape.
In the case of SAHELI (a women social activist organization) the Apex
Court directed the Delhi administration to pay Rs.75,000/- as exemplary
compensation to the mother of a nine year old boy who died due to beating by
police officer while extracting information from him regarding the offence. The
dispute in this case was related to the land lord (house owner) trying to oust
the appellant (mother of the deceased boy) from his house and the police was
allegedly favouring the land lord.

Justice Malimath Committee Recommendation on Victims of Crime:-

Malimath Committee in its report has suggested that the right of the
victim to appeal against the order passed by the trial court should be further
extended. The committee found no credible reason for the provision in the
code of Criminal Procedure that an appeal against acquittal should lie only to
the High Court and not to any court below. Moreover, the right to such appeal
should not be limited only to the prosecution but it should be available to the
accused as well where the prosecution declines to file the appeal. However,
now provides that the victim need not approach the prosecution for its consent
or approval to file an appeal against the acquittal of the accused. This is
indeed a welcome change in the procedural law which now enables the victim
to move in appeal against the acquittal order passed by the trial court or
against an order awarding the accused a lesser sentence or against an order
convicting the accused for a lesser offence or where the compensation
awarded to him (i.e. victim) is inadequate.
 33

It would thus be seen that the amendment of the Code of Criminal

Procedure, in 2008, has undoubtedly made a beginning towards statutory
protection of victim's rights under the criminal justice system and now it is for
the criminal law administrator to implement the law in its true spirit.
Before concluding, it must be stated that victimology and justice for
victims of crimes is not exclusively a legal problem, it also has sociological,
psychological, financial and ethical implications which need to be addressed
jointly by experts working in these adopting multi-disciplinary fields approach.
A community based Joint Victim Impact Panel on the American pattern may
be constituted comprising lawyers, judges, sociologists, psychologists, women
activists, politicians etc. to decide victim's rights and claims and their
rehabilitation in the society.
The role of courts and judges is no less important in imposing
sentences which have great impact on social order and therefore public
interest, especially those of victims, should not be lost right of. Any liberal
attitude by imposing meager sentences without taking into consideration the
woes and sufferings of the victims and its impact on society shall be result
wise counterproductive in the long run. The victimological researches for the
past three decades have shown that care and protection of victim's right is an
inseparable part of the sentencing system though apparently it refers to the
accused who perpetrates the crime. The law and particularly, the criminal law
as a cornerstone of the edifice of "order" in the society, should focus not only
on challenges confronting the society but also the sufferings of victims of
crimes who are faced with multiple problems for years and, in same cases
even for the whole of their life. It hardly needs to be stated that crime is one
single act perpetrated by the offender but its implications on society in general
and victim(s) in particular are far more painful, torturous and disgusting which
the criminal law administrators must keep in the forefront while dispensing
criminal justice.
 34

VICTIM COMPENSATION SCHEME IN INDIA

A huge number of victims are affected by crime. People suffer harm

whether it be physical or social or it be monetary they should be given access
to justice. In the recent decades it has been noticed that impact of crime on
victims has withdrawn their attention of criminal laws jurisdiction and the
conclusion that has come out that victims should be treated with empathy and
there basic rights must be protected. In today's time understanding the
perspective of victims is emerging as a new branch of criminology also known
as victimology.
The compensation to the victim of crime is big matter of concern, all
over the world the condition of the victims of crime is not better. The function
of compensation is simple, it serves to right of the victim what would else
count as unlawful injuries to persons or their property. It has been stated
under different provision of the Code of Criminal Procedure, The Probation of
Offenders Act, 1958 and Motor Vehicle Act, 1988.
In this paper the focus is given on understanding the perspective of
victims, need for victim compensation. Indian provisions and statutes and the
judicial trend related to the victim compensation: Keywords: basic rights,
compensation, empathy, perspective, victimology.
1. BACK-GROUND
A huge number of victims are affected by crime. People suffer harm
whether it be physical or social or it be monetary they should be given access
to justice. In the recent decades it has been noticed that impact of crime on
victims has withdrawn their attention of criminal laws jurisdiction and the
conclusion that has come out that victims should be treated with empathy and
there basic rights must be protected. In today's time understanding the
perspective of victims is emerging as a new branch of criminology also known
as victimology.
 35

II. VICTIM COMPENSATION

The compensation to the victim of crime is big matter of concern, all
over the world the Condition of the victims of crime is not better. For quite a
long time the victims were not the major Concern for criminology. The function
of compensation is simple Compensation serves to right of the victim what
would else count as unlawful injuries to persons or their property.
The advancement of victim compensation played a major issue in the
victim support movement. Part of the dilemma in opinion might be traced to
the fact that a lot has been written through these years about arrangement
and function of victim compensation. Victim compensation is a form of victim
support in meeting physical emotional sand society related need of the victim.
An has played a crucial role in victim recovery. Not much attention is given on
the role of victim compensation in future victim support efforts.

III. VICTIM COMPENSATION: DEFINITION, NATURE & SCOPE

In today's era the victimology is not only limited about studying penal
relation. But compensation to victim is also gaining importance. Any person
who has suffered damage he or his dependants are entitled to get
compensation. In the medieval era criminal or his kin used to give
compensation for any wrongful act. If the accused is not in the capacity to pay
the compensation, then the state is duty bound to pay the compensation.

"Ubi jus ihi remedium is a principle in the of torts which says that states
that there is no wrong without a remedy and the rule of law demands that one
should not be disturbed by wrongdoing Compensation is a mandatory
measure in tort law and the principles governing the compensation and
determination of damages are very well acknowledged in the tort law.
 36

The term "Compensation" in the current scenario means repayment for

the loss suffered. Anything that is given to make things equal is called
compensation, a thing that is given to make reparation for the loss, repay,
recompense or pay. It can be seen as a liability of the society which is of civil
Compensation, is different from damages is used for any unlawful act, which
cause the damage or loss to way person. The meaning of compensation is the
money is given for compensating any damage or loss. The main objective
behind the compensation is to make the loss bearable to the victim either the
person has suffered financial loss or not. The crux of providing compensation
is to provide some sort of help to the victim who has suffered the damage
either it be physical, psychological or emotional and supports the victim to
recover from the trauma as soon as possible and works as a helping hand.

Need for victim compensation:

The Hon'ble Supreme Court stated the importance of victim
compensation in Maru Ram v. Union of India
“A victim of crime cannot be a ‘forgotten man' in the criminal justice
system. He is the one who suffered the most. His family is devastated,
especially in terms of death and physical injuries. This is in addition to factors
such as loss of honor and humiliation. An honor that is lost or a life lost cannot
be regained but then the currency compensation will at least give some
comfort."
Laxmi Vs. Union of India 2014 SCC (4) 427 case
Date of Judgement: 10th April 2015 (Sitting Judges: Justice Madan B. Lokur;
Justice Uday Umesh Lalit)
In this case, Laxmi, who was a strong acid attack survivor, filed a PIL
against the Union of India, which resulted in the publication of
recommendations for the benefit of acid attack survivors. The Supreme
Court‘s ruling placed limitations on the vending of acid and awarded the victim
 37

compensation. In the past, acid assaults fell under the general category of
crimes which was part of “grievous harm.” Following the “Justice J.S. Verma
commission’s” recommendations subsequent to the gang rape that happened
in the year 2012 along with the killing of a physiotherapy student, “The
Criminal Amendment Act of 2013” passed a number of new laws, including
one that classified acid violence as a distinct crime punishable by a life
sentence in prison and a fine. The sale of acid on counters was not prohibited
prior to this Supreme Court decision, and the government’s compensation was
inadequate. The long-term effects of an acid assault include unending
suffering, lasting harm, and other issues for the victim’s whole life.
Their ongoing lives become shambles, and fighters are too frightened
and ashamed to step out of their homes or carry out routine duties. There is
no assurance that society would treat them as regular people despite their
desire to lead a normal life due to their post-attack looks and limitations.
Therefore, the state should punish the wrongdoers severely so as to decrease
similar acid assaults on females. Before Laxmi vs. Union of India and Others,
acid assaults were not well known, but when it was brought to light, more
incidents became public.
Facts
Laxmi, who was aged about 15 years suffered an acid assault and filed this
PIL. She was raised in a middle-class household and helped her parents by
taking a part-time job as a salesman at a bookseller. Two acquaintances
visited her on the tragic day of April 22, 2005, and they doused her in acid.
When they heard her screams, a crowd gathered, but no one attempted to aid.
After that, she was brought to the “Ram Manohar Lohiya Hospital”, where she
received medical care. According to the medical report, the girl got about 25%
acid blisters on her face, chest, eyes as well as the forearm. She then told the
authorities that Naeem Khan (Guddu) and Rakhi were responsible once she
regained consciousness (his sister-in-law). She said that family friend Naeem
 38

Khan had asked her to marry him, but she had categorically rejected his
proposal.
The accused and co-accused were found guilty by the Delhi Sessions
Court of violating “Indian Penal Code Sections 307 (Attempt to Murder) and
120B (Punishment for Criminal Conspiracy)”. Following that, the accused
appealed the Sessions Court’s ruling to the Delhi High Court. The High Court
affirmed the lower court’s judgement. Additionally, “Section 357(1) (b) of the
Criminal Procedure Code”, ordered the blamed to recompense the victim an
amount totalling Rs. 3 lakhs in damages.
Laxmi filed a Public Interest Litigation before the Supreme Court in 2013
to bring to light the miseries of acid attack sufferers. There is a number of
causes for acid attacks, but most customers include not agreeing to marry,
refusal of sexual approaches, and dowry matters. The primary goal of
submitting this PIL was to have an outright prohibition on the selling of acid,
tighter regulations governing acid assaults, and a better reimbursement
structure.
Issues
Amendments must be made to pertinent laws, such as the “Indian Penal
Code, the Code of Criminal Procedure, and the Evidence Act”, to ensure that
the criminal justice system recognizes acid assault as a distinct crime and that
the perpetrator of the attack faces harsh punishment. Creating regulations to
prohibit the selling and purchasing of acid. Providing compensation along with
rehabilitation to the sufferers.
Arguments by the Petitioners
 The petitioner spoke up against the ease with which acids were being
sold in the marketplaces.
 She explained how the acid assault had left her with physical, mental,
and emotional damage.
 She asked the government for rehabilitation.
 39

 She said that the existing rules did not consider acid assaults as a
specific occurrence but rather regarded them as a generalised
occurrence and called for harsher and more rigorous penalties to be
applied to those who perpetrated these horrible crimes.
 She demanded that survivors of acid attacks receive both free care and
compensation.
Arguments By the Respondent
 The Central Government will implement the model guidelines, according
to the learned solicitor general.
 The model regulations, which have to be applied from today’s date in a
week, regulated the sale of acid and other hazardous chemicals under
“The 1919 Poisons Act” to all state governments and union territories.
 They also maintained that the model standards would cover a variety of
topics, such as the kinds of acids that can be kept and sold (liquid and
crystallized), the granting of licenses, and individual gains. Institutions
engaged in education or research, hospitals, businesses, government
agencies, or activities in the public sector.
 “The Hon’ble Counsel for the State of Tamil Nadu” declared that
adequate and rigorous legislation will be regularized within 2 months on
this day to control the sale of acid and other hazardous chemicals.
 The state and union territory administrations declared that they would
totally abolish cognizance of and availability of bail for offences under
the 1919 Poison Act.
Judgement
 This resulted in the following changes to the laws governing the criminal
justice system:
 Sections 326A and 326B, which particularly addressed the offence of
the acid assault, were added to “Section 326 of the Indian Penal Code”.
 40

 The Code of Criminal Procedure, 1973 has been changed to

incorporate Section 357B, which ensures that the victim will get
reimbursement in addition to the penalties required under “Sections
326A and 376D of the IPC. Section 357A explains the victim
compensation programmer”.
 Section 114B, which describes the purpose and knowledge that the
perpetrator is likely to have under section “326A of the IPC”, was also
added to the Indian Evidence Act.
 The victim is entitled to compensation of at least three lakh rupees,
according to the government’s Victim Compensation Scheme, which
also established a consistent method for paying the compensation. It
was emphasised that no facility, not even a private hospital, could
refuse the victim medical care. When hospitals are short on equipment,
the victim should first get primary care before being transferred to the
appropriate hospital.
 The restriction on acid sales and purchases.
 Under the Victim Compensation Scheme, a legal service authority was
also established to aid victims in obtaining justice.
Inferences
The case’s decision in Laxmi vs. Union of India and Others resulted in the
adoption of stringent guidelines and recommendations under the victim’s
compensation scheme as well as revisions to certain criminal justice-related
legislation. Numerous more rules for the assistance of acid attack fighters
were adopted as an effect of the PIL petition. After the survey, it was found
that the three states with the highest rates of acid assaults were “Uttar
Pradesh, Gujarat, and Madhya Pradesh”. Only acid assaults occurred in Delhi,
a Union Territory.
Conclusion
 41

The case of Laxmi v. Union of India and others has become a standard
in society, from education to the application of strict laws. The goal is to
safeguard women from egotistical men who are chauvinistic to the point of
disfiguring others to satisfy their own needs. By designating acid attacks as
heinous crimes and holding the federal and state governments accountable
for the rehabilitation of the victims, the Criminal Amendment Act, of 2013,
brought about a good transformation in society.
The judiciary’s imposition of free medical care demonstrated its genuine
concern and empathy for the victim and her family. The main issue is the
authority’s ability to put in place an operative approach to stop acid attacks,
which requires constant monitoring of acid trades and buying.
The responsible and concerned judiciary believes that since the legal
system is so important in establishing social outcomes, it is necessary to alter
the law to make acid attacks a serious offence. In this instance, the
predetermined compensation and regularity in the administration of justice
were both accomplished. Every person must comprehend the concepts of
equality, uniqueness, and humanity since society as a whole is equally to
blame for the commission of such crimes.

IV. COMPENSATION PURPOSE

When a victims gets compensation for any crime he has suffered it becomes
very important to the person because it symbolizes justice towards the victim
and it can be seen as a financial help for the victim.

# In the society when compensation is awarded its shows that there is

something wrong that is done by the victim.
 42

# The compensation would work as a step towards helping the victim to

overcome the trauma and the damages that is suffered by the victim at
individual level.
# The compensation helps victims in transforming their lives.

Funds to Provide Compensation to the Victims:-

Compensation can be provided by both offender as well as the state as
the case may be. In some state there are programs which are state
administered in cases of violent crimes. In some cases it is not necessary that
the offender is caught or known in those cases it is helpful if there is a state
funded program to give compensation to the victims. basically state programs
are biased un formal than any other civil proceeding. There may be different
sources from which the victim compensation funding can be done these
sources are confiscated property, fines, tax revenues and other funding of the
state or any private institution.
Claim for victim compensation can be made on different bases but it is
not only limited to:
Pain and suffering due to physical or mental violence
Medical cost
Unpaid or low paid wages
Fines imposed by criminals for bad behavior

V. VICTIM COMPENSATION: INDIAN POSITION

Under different provision of the Code of Criminal Procedure, The Probation of
Offenders Act, 1958 and Motor Vehicle Act, 1988 various provisions governing
compensation has been stated.
 43

1. Compensatory Provisions under Cr. P.C/BNSS.

In the CR.P.C 1973 has authorized the courts in which criminal matters
are tried in India for ordering the compensation to the person who has
suffered loss or damage. Section 357 of CrPC deals with compensatory
provisions. Under Section 357(1) it is given "Whenever under any law in force
for the time being a criminal court puts fine... or a sentence (including a
sentence to death) of which fine forms a part, the court may, when imposing
judgment, order the whole or any part of the fine recovered to be applied;
a) In covering expenses properly incurred in the prosecution;
b) In the payment to any person of reimbursement for any loss or injury
caused by the offence when compensation is, in the view of the court,
restorable by such person in a civil court;
c) When any person is prosecuted of any offence for having caused the death
of another person. Under the Fatal Accident Act, 1855, another person is
compelled to pay compensation to a person entitled to receive compensation
from a person who has been compensated for such a death."
Under section 358 gives power to a magistrate to force or give an order
to a person to pay or give compensation not more than Rs1000 to person for
making police officers to arrest that person in wrong case. Likewise, section
359 of CR.P.C directs to pay compensation in non- cognizable cases.
It can be seen clearly that only small action is possible under section
357 of the Cr.PC in case of compensation to a victim of a crime. And it has
been proved through various restrictions and limitations. Some restrictions
given in the section are the capacity of the wrongdoer of paying the
compensation amount its ability to pay acts as a obstacle for the victim from
getting the compensation.
The state government on the direction of Supreme Court made certain
modification to sec 357 A of CrPC in the year 2008 for the benefit of V.C.S.
 44

The amendment provided for various compensatory measures and the main
objective of the modification of 2008 was to broaden the definition of victim as
defined under sec. 2 (wa) of CRPC. In context to the amendment made in
2008 all the Indian states came up for the benefit and providing remedy to the
victim with the help of victim compensation scheme. In lieu of the following
amendments and the initiative taken by the various states, the Delhi govt. also
issued an order giving 200 crores to victims of various types of offences like
rape, acid attack. These scheme of victim compensation was effectively
addressed and implemented which was seen in various case laws that came
up. In one of the cases Delhi Domestic Working Women's Forum v. Union of
India and others, Ankush Shivaji Gaikwad v. State of Maharashtra, and other
cases. Where the court implementing the order of govts gave the
compensatory relief to the victim. Owing to the situation the 2008 amendment
also ratifies sec 372 of crpc and added certain rights to be given to the victims
of such kind of offences. Some of the rights include "1. Acquittal of criminated.
2. Condemnation for a trivial offence or limle legal in nature, and; 3. Not
satisfied with the amount of compensation given before."
Implementation of victim compensation scheme in relation to crpc.
The victim compensation scheme which has been started by various
states under the direction of the supreme court for the protection of the victims
against the mental harm and dependents of the victims against the offences
under sec. 357A of crpc. Further the sec 357A providing for compensation to
the victims has been categorized into various parts which are as follows:-
 Sec 357A(1) provides for compensation to be given to either the victim or
his legal heirs who have suffered misfortunes or faced any kind of
discrimination by the society should be given an opportunity to recover under
the formation of victim compensation scheme as implemented by the states.
The criteria of compensation for victims which has been laid down in
sec 357A (2) is based upon sub sec (1) itself. The District legal service
 45

authority which referred as DALSA when ordered by any court under its
judgement have The power to decide on the amount of compensation to be
paid to the victim. This power has been granted to the District legal authority
as expertise in understanding the nature and effect on the victim for granting
the proper quantum of compensation.
 After the insertion of see 357A the District or the Trial courts are also
allowed to give necessary compensation to the victims as earlier they were
not authorized. Under sub sec(30 of sec 357A it has been provided that the
District legal authority on the direction of the District court has the power to
grant compensation under those circumstances where the victim is released
or require any kind of rehabilitation to recover from the event as it might
hamper in his life ahead. Also, the compensation provided by the D.LS.A.
should be sufficient enough that the individual can recover from the event.
 Further the rights of the victim and the legal heir or representative has been
dealt under sub sec (4) of sec 357A. These right include right of compensation
for any kind of damages suffered by the victim before the identification of
culprit and before the start of the court proceedings. This sec. talks in favour
of the victim as they can ask for compensation even before the start of any
court proceeding from the District legal authority. This sub sec. is very
important for providing quick remedy to the victim

2. Probation of Offender Act 1958

Under section 5(1) of the probation of offender act contains provision
regarding compensatory claim. As stated in this section, the court directs the
release of a wrongdoer under section 3 or section 4 of the Act, if it is deemed
fit, it may further direct the accused to further pay to the victim the amount, as
the court deems fit and the cost of the procedure.
 46

3. Compensation under Motor Vehicle Act 1988

In case of death or injury in case of vehicle accident or their representatives
can claim compensation from the wrongdoer under section 5 of motor vehicle
act 1988. These cases can be tried under trial court.
4. Compensation under Protection of Children from Sexual Offences Act,
2012 [POCSO]:
The gang-rape of Gudiya (real name of victim not disclosed) at the
tender age of five, by a man she called ‘uncle’, shook our collective
conscience while we were still reeling under the trauma of what had happened
to Nirbhaya.
Yet, eight years into the enactment of the Protection of Children from
Sexual Offences Act, 2012 [POCSO], and seven years after Gudiya’s barbaric
rape in April 2013, there are basic aspects of the legislation that remain
alarmingly unaddressed. It is no secret that a number of POCSO cases end in
acquittals. While a more uninformed opinion is that the cases themselves
might not have been genuine, the grim reality is that there is a gross failure to
support and rehabilitate the victim and her family. As a result of this, either the
victims turn hostile or the family turns hostile, or they simple lose hope and
stop cooperating. Thus, timely payment of compensation and due
rehabilitation of the victim are key to ensure a proper trial that actually brings
out the truth. Let’s examine what the statute says about these two aspects.

Section 33(8) of POCSO provides that in appropriate cases, in addition

to punishment, the Special Court may direct payment of compensation to the
child for any physical/mental trauma caused to the child or for immediate
rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012
dedicated Rule 7 to the procedure and parameters of providing such
compensation. Rule 7(3) enlisted the various parameters/factors to be
considered by the Special Court in deciding such compensation, such as-
 47

gravity of the offence, expenditure incurred/likely to be incurred on medical

treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4)
and (5) state that after the amount is decided/granted by the Special Court, it
is to be disbursed from the Victims Compensation Fund or such other scheme
by the legal services authority within 30 days of receipt of such order.
While the law clearly provides for compensation, in reality, POCSO
victims are facing colossal problems in this respect. It is seen that grant of
compensation by Special Courts under POCSO iss both sporadic and erratic.
There is utter confusion as to whether Delhi Legal Services Committee or the
Special Court is to decide the amount, though a thorough reading of the Act
made it quite apparent that the latter was the disbursing authority.
There is also confusion as to who is to apply for compensation on
behalf of the victim, with many victims under the impression that the
investigating officer would apply for compensation on their behalf. To top it off,
even in cases where the compensation was granted by the Special Court, the
amounts were rather inconsistent and arbitrary, some being as meagre as Rs.
10,000. This, despite the fact that when many of these cases reached the
Delhi High Court in appeal, more often than not, the compensation amounts
were increased manifold.
Contrast this paltry amount to the compensation granted in cases of
rape as per the Compensation Scheme for Women Victims/Survivors of
Sexual Assault/other Crimes, 2018 issued by National Legal Services
Authority, where a minimum amount of Rs. 4 lakh and a maximum amount of
Rs. 7 lakh is provided for. In a sample study conducted by the Delhi
Commission for Protection of Child Rights (a statutory body constituted under
Section 17 of The Commissions for Protection of Child Rights Act, 2005)
titled Mapping of Needs and Priorities: A Study of Child Rape Victims in
Delhi, startling revelations were made. The study highlighted the challenges
child rape victims and their families face, and aspects that have a definite
 48

bearing on their rehabilitation and social reintegration. An analysis of the study

revealed the following:
1. 42% of the child victims dropped out of school.
2. 50% of the children suffered from different types of physical illnesses
that were linked to rape. About 81% of parents stated that they were
unable to fulfil the health needs of their children who were victims of
child rape.
3. With regard to compensation, the study revealed that only 1 child had
got compensation of more than Rs. 50,000, whereas 99% of the
children had not got compensation as per the prevalent scheme.
4. Only 15% of the victims had received any compensation and 85% had
not received compensation.
5. 38% of the victims had not received any legal aid.

This study was instrumental for two reasons - firstly, it was conducted
by a statutory body ordained by law with the task of monitoring the
implementation of the Act; and secondly, the study threw light on the dismal
state of implementation of the Act, seven years into its passing. The message
was loud and clear - for those who wanted to hear it - we are failing to protect
and provide succour to our children.

These issues were raised and argued at length in a PIL filed in the Delhi
High Court back in 2016. The PIL highlighted that as per the National Crime
Records Bureau Report (2014), the pendency rate of trials under POCSO in
Delhi was a staggering 95%. Moreover, an abysmally low 1% of the trials were
leading to convictions. The primary prayer was that unless exclusive as
opposed to assigned courts are made under POCSO, trials cannot get
completed within the stipulated period of one year under Section 35 of the Act
 49

and other special provisions of the Act will not get the specialized attention
they deserve.
If this data sounds astonishing, consider this. When the NCRB data of
2017 was released, its analysis revealed that at the current rate of completion
of trials, it would take approximately 24 years to complete the trial of existing
POCSO cases in India, even if no new cases are sent to trial during that time.
In other words, we were essentially telling our children to fend for themselves
and not expect justice, at least not unless they are willing to relentlessly fight
their case of child abuse till much after they have their own children!
While the matter was still being heard in the High Court in the captioned
PIL, the Supreme Court passed a significant direction on the aspect of
compensation under POCSO in Nipun Saxena & Anr v. Union of India &
Ors. It was directed that the Special Court, upon receipt of information as to
commission of any offence under the Act by registration of FIR, shall on his
own or on the application of the victim make an enquiry as to the immediate
needs of the child for relief or rehabilitation and pass appropriate order for
interim compensation.
It was further held that if the court declines to grant interim or final
compensation it shall record its reasons for not doing so. Finally, the Apex
Court made it abundantly clear that the Special Court must mandatorily take
up and consider each POCSO case for the aspect of compensation. This does
not mean that compensation must be granted in every case, but the
adjudication on compensation must be there in every case.
Nipun Saxena’s case was preceded by another pertinent judgment
passed under POCSO by the Supreme Court in Alakh Alok Srivastava v.
UOI, wherein the Apex Court directed for each High Court to constitute a
three-judge committee to regulate and monitor the progress of trials under
POCSO. In addition, each state was directed to constitute a Special Task
Force to ensure that investigation is properly conducted under POCSO. In
 50

Delhi, a Special Task Force has been constituted vide order dated May 17,
2018, headed by Special CP, Crime. Yet, on the ground, the position has not
substantially improved.
It was the Unnao Rape case and the Supreme Court’s suo
motu cognizance of it that truly brought many of these issues to the fore. The
Supreme Court noted that timelines of the Act are not being followed at all.
Besides granting interim compensation of Rs. 25 lakh to the victim, the
Supreme Court directed that in each district in the country (if there are more
than 100 POCSO cases) an exclusive Special Court will be set up, which will
try no offence expect those under POCSO Act. Though the Court had granted
60 days for the same, the process of setting up and functioning of these courts
all over the country is still underway.

On March 9, 2020, the POCSO Rules, 2020 came into effect. These Rules
are notable for certain pertinent additions such as:
1. Rule 3 mandates both the Central and state governments to carry out
appropriate awareness generation and capacity building under the Act,
dissemination of information at airports, railways stations and other
public places, etc. Moreover, it provides for the formulation of a ‘Child
Protection Policy’. This provision will be instrumental in terms of
‘prevention’, as well as ‘cure’.
2. Rule 8 provides for ‘Special Relief’ or immediate financial assistance, in
the case of any contingency or essential needs, to be sanctioned and
provided by the concerned Child Welfare Committee.
3. Rule 4 provides that the support person appointed for the benefit of the
child must submit monthly reports with respect to the child victim to the
Child Welfare Committee.
 51

4. Form A and Rule 4 (14) ensure that each victim/family is made aware of
his/her rights under the Act, at the nascent stage itself, when they first
come in contact with the Police.
5. Form B and Rule (14) is a “Preliminary Assessment Form” to assess the
immediate financial needs of the child victim and has been incorporated
to ensure that he/she gets the financial help where needed, without
delay.
The advent of the new POCSO Rules, 2020 and the directions of the
Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims.
As is with all laws, the implementation on the ground is a whole new ball game
from the promulgation of the law itself. It remains to be seen whether these
new developments provide the care and rehabilitation that POCSO victims
need and deserve. Be that as it may, a sliver of hope is better than a sliver of
doubt!
Our guiding force in ensuring effective implementation of the Act must
be this - we fail every child when he/she is abused/raped/harassed. The least
we can do is make concerted efforts to ensure that we do not fail them twice
by not providing them timely compensation and rehabilitation.

5. Under the Scheduled Castes and Scheduled Tribes: (Prevention of

Atrocities) Act, 1989, victims of atrocities are eligible for compensation ranging
from Rs 2 lakh to Rs 8 lakh. The amount of compensation depends on the
nature of the crime. The compensation is paid in installments as follows:
 25% when the FIR is lodged
 50% when the chargesheet is sent to court
 25% after the verdict is announced
The compensation is provided for a variety of acts, including:
 Damage or loss of property
 Grievous hurt
 52

 Temporary or permanent incapacitation

 Murder
 Death
 Rape
 Gang rape
 Kidnapping
 Outrage of modesty

Relief in the form of compensation as a changing judicial trend

Judiciary plays a very crucial role in rectifying the claims of the
compensation of the victims. There has been very important role of high
courts in awarding the compensatory justice to the victim suffered from loss or
damage. Some landmark judgments that ensures compensatory justice to
victims and its shows the concern of judiciary in that field.
Increasing the area of awarding the compensation to the person
suffered under Section 358 of Cr.P.C., in Rudal Shah v State of Bihar,
observed that a The person is compensated for the loss or injury caused by
the crime, and this includes the deceased's wife, husband, parents and
children.
The Apex Court in Sarwan Singh v. State of Punjab, there are several
factors that should be taken into consideration before giving order of
compensation to the crime victim is the court should keep in mind the ability of
paying the compensatory amount by the offender, the type of offence and the
amount of damage and injury suffered and should keep in mind the effect of
offence on the life of victim and its family the amount of bodily, psychological
and emotional lass suffered by the victim and its relatives and family member.
Before awarding compensation the court should keep in mind that amount
should depend on facts, logic, and the circumstance. A reasonable time period
 53

should be provided to accused to pay the compensation and the offender

should be allowed to pay the compensation in installments.
As given in the case SAHELI (a organization of women activist group)
the Apex Court of Delhi gave order to the Delhi Administration to pay the sum
Rs. 75,000/- as exemplary compensation to nine year old child’s mother as
the boy died because of getting beaten by the police officer while extracting
evidences from him.
Victim Compensation: Judicial Approach towards Compensatory
Jurisprudence Dr. Justice G.Jayachandran. 5th Session. 09/04/2023
Victim Compensation Schemes (VCS) • Final and interim compensation •
Recording reasons for awarding/refusing compensation • Victims of crimes:
Similar compensation for the similar loss • Writ Court and Grant of
Compensation•
The justice to the victim of crime can be rendered in two ways: • i) Punish the
offender. • ii) Punish the offender and also Compensate the victim. •
To give complete satisfaction to the victim, it is extremely essential to provide
some relief to him in the form of compensation. • In ancient Hindu law,
awarding compensation was treated as a Royal Right. Sir Henry James
Sumner Maine • "Penal laws of ancient communities are not the law of crimes,
it is the law of wrongs. The person injured proceeds against the wrong done
by an ordinary civil action and recovers compensation in the shape of money
damages if he succeeds."[Maru Ram & Ors. Vs Union of India & Ors, AIR
1980 SC 2147. • Victimology must find fulfillment not through barbarity but by
compulsory recoupment by the wrongdoer of the damage inflicted, not by
giving more pain to the offender but by lessening the loss of the forlorn.-
Krishna Iyer J. Code of Criminal Procedure of 1898 • Section 545- Under
Clause (b) of Sub-section (1) of Section 545, the Court may direct “ the
payment to any person of compensation for any loss or injury caused by the
offence when substantial compensation is, in the opinion of the Court,
 54

recoverable by such person in a Civil Court.”Section 357 Cr.P.C., 1973 Order

to pay compensation.

Recent Update
SECTION 375(A) was added in CR.P.C through amendment act 2008 Section
357 (A) states that: (1) Central government with the help of state governments
should prepare a scheme for victim compensation to provide funds to the
victims who have suffered death loss damage injury to restore their status of
life. This provision would work as a helping hand for victim compensation.
These regulations would strengthen the provision of victim protocol given in
SAARC protocol.

Victim compensation rules in India include:

Application time :- Victims or their dependents must apply for
compensation within 90 days of the accident.
. Application documents:- Applications must include:
 Proof of the victim's age

 Proof of the applicant's relationship to the victim

Processing time :- The Designated Officer must process the claim
within 30 days.

 Compensation amount :- The District Legal Service Authority or the

State Legal Service Authority decides the compensation amount.
 Compensation for non-cognizable offenses :-If the accused is
convicted of a non-cognizable offense, the court can order the accused
to pay the complainant.
 Compensation for wrongful arrest
If the arrest was without reason, the Magistrate may award up to ₹1,000 in
compensation.
 55

 State responsibility
The state is responsible for compensating victims if the offender cannot or will
not pay, or if the offender cannot be identified.
 Central Victim Compensation Fund Scheme
This scheme was established by the Ministry of Home Affairs in 2015 to
supplement state and union territory victim compensation schemes.

The concept of victim compensation has evolved over time. In the pre-
independence period, the criminal justice system focused on crime control, but
it later expanded to include the concerns of victims

u/Sec.396 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Establishes a framework for a victim compensation scheme. It mandates
state cooperation with the central government to provide timely compensation
and support for victims. The section also highlights procedures for determining
compensation amounts and offering immediate medical assistance to alleviate
victims' suffering.
Victim Compensation scheme.
(1) Every State Government in co-ordination with the Central Government
shall prepare a scheme for providing funds for the purpose of compensation to
the victim or his dependents who have suffered loss or injury as a result of the
crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the
District Legal Service Authority or the State Legal Service Authority, as the
case may be, shall decide the quantum of compensation to be awarded under
the scheme referred to in sub-section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the
compensation awarded under section 395 is not adequate for such
 56

rehabilitation, or where the cases end in acquittal or discharge and the victim
has to be rehabilitated, it may make recommendation for compensation.
(4) Where the offender is not traced or identified, but the victim is identified,
and where no trial takes place, the victim or his dependents may make an
application to the State or the District Legal Services Authority for award of
compensation.
(5) On receipt of such recommendations or on the application under sub-
section (4), the State or the District Legal Services Authority shall, after due
enquiry award adequate compensation by completing the enquiry within two
months.
(6) The State or the District Legal Services Authority, as the case may be, to
alleviate the suffering of the victim, may order for immediate first-aid facility or
medical benefits to be made available free of cost on the certificate of the
police officer not below the rank of the officer in charge of the police station or
a Magistrate of the area concerned, or any other interim relief as the
appropriate authority deems fit.
(7) The compensation payable by the State Government under this section
shall be in addition to the payment of fine to the victim under section 65,
section 70 and sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita,
2023.

VI. SUGGESTIONS & RECOMMENDATIONS:-

After making a comparative analysis, it can be seen in last decades the
scenario of victim compensation has changed drastically. If we compare other
countries position with India we can see that other countries are more
developed to improve india's stand there are some suggestions given below:-
1. In India there is a need of extensive legislation on victim compensation
2. As the upcoming concepts in America such as statement of victim
compensation which helps in increasing the contribution of victim. Such
 57

concepts are required in India to increase the involvement of victims in justice

system.
3. The statement for victim impact would contain:
i) The bodily, psychological or emotional impact of the crime.
ii) It would cover the loss done to the family such as guardians and caretaker.
iii) The need for restoration.
4. India should adopt other significant measures to provide compensation as a
statutory right, and a special provision that mandates judges to record the
reason of not providing compensation.
5. Funds created by state for victim assistance can be taken as ready for
anytime relief which can further prevent victimization.
6. On the basis American system acts like victim of crime should be built to
give assistance to "victim assistance effort" or "state victim compensation
programs" it provides subsidy etc. it is a good step that india should adopt

VII. CONCLUSION
Victim compensation is now an important side of giving justice to the
victims. Beside the traditional punishment system reparation to victim has
reduced the accused leaning approach in justice system but in the case of
India despite some emergent developments in this direction, there are multiple
defects and problem in this area for that coordinated effort from all the
organization is required in the justice system. After the synchronized work
efforts, lucidity and liability in every part of criminal justice system is another
important need to make the successful implementation of pre-existing
provisions possible.

VIII. BIBLIOGRAPHY
Abner J. Mikva, Victimless Justice, 71 J. Crim. L. & Criminology 189 (1980).
Andrew Karman, Crime Victims: An Introduction to Victimology (2003)
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Dr.B.M Shukla, Victim Compensation under the Indian Criminal Law,

Gujarat Law Herald, 18(1), 1998,
Evan J. Mandery, Amy Shlosberg, Valerie West, and Bennett Callaghan,
Compensation Statutes and Post exoneration Offending, 103 J. Crim. L. &
Criminology 553 (2013).
Frances L. Pierson, Victim Compensation through Sentencing.
Harvemyc Gregor, Compensation Versus Punishment in Damages Awards
Modern Law Review, 1965.
Marlene A. Young, The Role of Victim Compensation in Rebuilding Victims'
Lives
Mishra, S.N., the Code of Criminal Procedure, 1973 (18th ed.) Central Law
Publications
Paranjape, N.V., Criminology & Penology with Victimology (15th ed.)
Central Law Publications.
Prof. MehrajUddinMir, Compensatory Jurisprudence and Crime Victim: A
Comparative Analysis, Vitasta law Journal, Vol. 4 No. 4, 2014.

* THANKING YOU ONE AND ALL *

 59

Paper Presentation on

“VICTIMOLOGY & COMPENSATION”

FOR THE WORK SHOP HELD ON 21-12-2024

Submitted by
M. Sarojanamma,
IV Additional Civil Judge (Junior Division),
Kurnool.