Author: Joicy Milun Zou
Legal Framework and Section 357-A of the Criminal Procedure Code
The United Nations adopted “The UN Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Power on 29.11.1985 at its 96th Plenary session, and India was one of the signee members/countries.
The 154th Report of Law Commission of India on Cr.P.C has an entire chapter devoted to “Victimology” regarding growing emphasis on victim’s rights, the principle founded in Indian Constitutional Jurisprudence, which recognised compensation as one of the methods of protection of victims. It stated:
“9.1. The principles of victimology have foundation in Indian Constitutional jurisprudence. The provision on fundamental rights (Part III) and directive principles of State Policy (Part IV) forms the bulwark for a new social order in which social and economic justice would blossom in the national life of the country (Article 38). Article 41 mandates, inter alia, that the State shall make effective provisions for ‘securing the right to public assistance in cases of disablement and in other cases of undeserved want’. So also, Article-51 A makes it a fundamental duty of every Indian citizen, inter alia ‘to have compassion for living creatures’ and to ‘develop humanism’…”
The declaration of the United Nation birthed section 357-A in the Code of Criminal Procedure (CrPC). This provision mandates that every State and Union Territory (UT) in coordination with the Central Government must establish a Victim Compensation Scheme. Under this section, the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA) is empowered to determine and disburse compensation to victims or their dependents who have suffered injury or loss due to a crime. Key highlights of Section 357-A include:
The scheme allows for immediate medical benefits and interim relief to alleviate the victim’s suffering, as recommended by a police officer or magistrate.
Section 357-A CrPC
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 rehabilitations.
(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 357 is not adequate for such rehabilitation, or where the cases end in acquitted 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.
Delhi Victim Compensation Scheme, 2011 and 2015
The Union Territory of Delhi introduced Delhi Victims Compensation Scheme 2011 (DVCS 2011) on the 2.2.2012. The scheme aimed to provide compensation to the victims or their dependent (s) who have suffered loss or injury or required rehabilitation as a result of the offence. Delhi Legal Service Authority (DLSA) was made the Nodal officer to award compensation to victims and their dependent (s). Under the scheme, the Court can recommend compensation or the victim or his/her dependent (s) can make an application to the DLSA. Thereafter, the DLSA is required to make an inquiry and complete it within 60 days from the receipt of claim/petition. The scheme also stipulates a time frame for claiming of compensation, according to the 2011 Scheme no claim will be entertained after 3 years from the date of occurrence of the crime.
The different heads under which compensation can be awarded under DVCS 2011 is provided below:
| Sl no. | Particulars of loss or injury | Minimum limit of compensation | Maximum limit of compensation |
|---|---|---|---|
| 1 | Loss of Life | Rs. 3.00 lakh | Rs. 5.00 lakh |
| 2 | Rape | Rs. 2.00 lakh | Rs. 3.00 lakh |
| 3 | Loss of any limb or part of body resulting in 80% permanent disability or above | Rs. 2.00 lakh | Rs. 3.00 lakh |
| 4 | Loss of any limb or part of body resulting in 40% and below 80% permanent disability | Rs. 1.00 lakh | Rs. 1.50 Lakh |
| 5 | Loss of any limb or part of body resulting in above 20% and below 40% permanent disability | Rs. 0.60 lakh | Rs. 1.00 lakh |
| 6 | Loss of any limb or part of body resulting in below 20% permanent disability | Rs. 0.50 lakh | Rs. 0.50 lakh |
| 7 | Victims of human trafficking, child abuse and kidnapping | Rs. 0.50 lakh | Rs. 0.10 lakh |
| 8 | Simple loss or injury to child victim | Rs. 0.10 lakh | Rs. 0.10 lakh |
| 9 | Rehabilitation | Rs. 0.20 lakh | Rs. 0.20 lakh |
| 10 | Victim of an acid attack – In case of disfigurement of face – Other cases of injury | Rs. 2.00 lakh Rs. 0.50 lakh | Rs. 2.00 lakh Rs. |
The year 2015 marked an overhaul of Delhi Victim Compensation Scheme, as the 2011 scheme could not achieve the intended objective. What contributed to the failure of the 2011 scheme was its limited monetary benefits, complex application procedures and lack of interim relief provisions. In response, the Delhi Victim Compensation Scheme, 2015, (DVCS 2015) was introduced and came into force on 23.12.2016, bringing substantial revisions:
- Increased Compensation: The scheme increased the compensation for various crimes, including rape, gang rape, and physical disabilities resulting from crimes.
- Interim Relief: The 2015 scheme addressed a major lacuna in the 2011 scheme by introducing provisions for interim relief.
- Simplified Process: The application process was made more accessible and efficient, reducing delays in the disbursement of compensation.
Comparison of Compensation Between the 2011 and 2015 Schemes
| Crime / Injury | 2011 Scheme (Max) | 2015 Scheme (Max) |
|---|---|---|
| Loss of Life | Rs. 5.00 lakh | Rs. 10.00 lakh |
| Rape | Rs. 3.00 lakh | Rs. 5.00 lakh |
| Gang Rape | Not specified | Rs. 7.00 lakh |
| 80%+ Disability | Rs. 3.00 lakh | Rs. 5.00 lakh |
| 40-80% Disability | Rs. 1.50 lakh | Rs. 3.00 lakh |
This overhaul also came into light after the Central government notified a Central Victim Compensation Fund (CVCF) Guidelines to be followed by all the States and UTs to have uniform disbursement and reduce disparity in quantum of compensation across states. The DVCS 2015 went beyond the model quantum of compensation notified under CVCF to be disbursed under different heads, the payment schedule of the 2015 scheme is hereunder:
| Sl.no | Particulars of loss or injury | Minimum limit of compensation | Maximum limit of compensation |
|---|---|---|---|
| 1 | Loss of life | Rs. 3 lakhs | Rs. 10 lakhs |
| 2 | Gang Rape | Rs. 3 lakhs | Rs. 7 lakhs |
| 3 | Rape | Rs. 3 lakhs | Rs. 5 lakhs |
| 4 | Unnatural sexual assault | Rs. 2 lakhs | Rs. 5 lakhs |
| 5 | Loss of any limb or part of body resulting in 80% permanent disability or above | Rs. 2 lakhs | Rs. 5 lakhs |
| 6 | Loss of any limb or part of body resulting in 40% and below 80% permanent disability | Rs. 1 Lakhs | Rs. 3 lakhs |
| 7 | Loss of any limb or part of body resulting in above 20% and below 40% permanent disability | Rs. 50,000 | Rs. 2 lakhs |
| 8 | Loss of any limb or part of body resulting in below 20% permanent disability | Rs. 20,000 | Rs. 1 lakh |
| 9 | Rehabilitation of Victims of human trafficking/ kidnapping | Rs. 1 lakh | Rs. 3 lakh |
| 10 | Physical abuse of minor | Rs. 2 lakhs | Rs. 5 lakhs |
| 11 | Grievous injury including injury resulting in surgery/ serious damage to vital organs | Rs. 50,000 | Rs. 2 lakhs |
| 12 | Loss of Foetus i.e. miscarriage as a result of assault or loss of fertility | Rs. 2 lakhs | Rs. 3 lakhs |
| 13 | Victims of burning, in case of disfigurement- | ||
| a. | In case of more than 50 % | Rs. 5 lakhs | Rs, 7 lakhs |
| b. | In case of20 % to 50% | Rs. 2 lakhs | Rs. 5 lakhs |
| c. | In case of less than 20 % | Rs. 1 lakh | Rs. 2 lakhs |
| 14 | Vitim of acid attack | ||
| a. | In case of disfigurement of face | Rs. 3 lakhs | Rs. 7 lakhs |
| b. | In case of injury more than 50 % | Rs. 5 lakhs | Rs. 7 lakhs |
| c. | In case of injury less than 50 % | Rs. 3 lakhs | Rs. 5 lakhs |
Thus, comparing the schedules of 2011 and 2015 shows the progress of the Victim Compensation Scheme, in at least the quantum of compensation to be awarded to achieve its objective of reparation and restitution of victims in their journey towards healing and rebuilding their lives.
Delhi Victim Compensation Scheme, 2018: Gender-Specific Focus
In 2018 the Apex Court of India in Nipun Saxena v. Union of India directed the National Legal Service Authority (NALSA) to prepare model rules for victim compensation for sexual offences and acid attacks. Therefore, NALSA drafted a model compensation scheme which was accepted by the Apex Court and directed all the States and UTs to implement the same in their respective states. Most States and UTs adopted this model scheme and other states with some modification.
Thus, the model scheme of NALSA finds its place as Part II of the Delhi Victim Compensation Scheme, 2018 (DVCS 2018), titled as “Compensation Scheme for Women Victims/Survivors of Sexual Assault/ other Crimes”. Thus, the revised Victim Compensation Scheme in Delhi now, DVCS 2018, has two parts. The first part deals with general crime which was adopted in 2015 and the second part is specifically for women victims/ Survivors.
Part I of the Schedule
| Sl.no | Particulars of loss or injury | Minimum limit of compensation | Maximum limit of compensation |
|---|---|---|---|
| Loss of life | Rs. 3 lakhs | Rs. 10 lakhs | |
| Unnatural sexual assault | Rs. 2 lakhs | Rs. 5 lakhs |
Documents to access
- Delhi Victim Compensation Scheme 2011
- Delhi Victim Compensation Scheme 2015
- Delhi Victim Compensation Scheme 2018
