Panoramic View on Legal Regime on Victim Compensation in India -A Critical Study

Paper Details 

Paper Code: RP-VBCL-29-2025

Category: Research Paper

Date of Publication: April 20, 2025

Citation: Dr. Kumara. N.J, “Panoramic View on Legal Regime on Victim Compensation in India -A Critical Study", 2, AIJVBCL, 394, 394-419 (2025).

Author Details: Dr. Kumara. N. J, Assistant Professor of Law, Vidyavardhaka Law College, Mysuru

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ABSTRACT

Vide variety of socio-economic problems causes crime and violence in all segment of society across the globe and this indeed an hindrance to every peaceful society in one hand and enlarge number of victims on the other side. Crime against the individual and his property, crime against society and public property, crime against the ecology, environment and it biodiversity are major areas in which victimology has direct nexus.  Various factors of multifaceted human endeavors are main reason in rapid growth of various crimes and victims like, child, adults, women, old age members. The crime and violence is the result of manmade acts. Hence victims are not born but the result of either neglected or credible human of action. Thus the scope of the term victim and victimology has been in progress. Victim of crime and violence has been contemporary global challenges and indeed, needs to be mitigated at local, national and global level through an effective legal framework. The culture of crime and violence has comprehensively been at peak at present scenario and it not only causes risk to human life but also been causing great harm to ecology of all corner of globe. Ongoing administration of criminal justice system throughout the world needs to be strengthening to meet the needs of peaceful and welfare state. The rights of an individual of every society shall be protected. Stringent and proactive legal framework and its effective enforceable initiatives should come into force. Thus, this research article will made meaningful effort to discuss on various facets of victimology and will also enlightens on national as well as international legal regime on victims access to justice, assistance and victims compensation mechanisms.  

Keywords: victims, access to justice, rights, compensation, restoration, legal framework

INTRODUCTION

The scope of present day’s administration of criminal justice system has wide range and deals with various factors which have depends on all walks of human beings day today’s endeavor and we cannot fix boundary or territory. Administration of criminal justice system under international or domestic laws not only deals with criminals or wrong doers, in recent past it also deals with victims as well. In general legal term, victim means an injured person who suffered from any injury, harm, loss of life, or harm to any material or intangible property or thing belongs to an individual. An injured person may be natural person or legal person. The essential element of victim is the damage or harm that has occurred. Victim of crime means a person suffered an injury or harm by some other person’s wrong or illegal act and harm may be psychological or physical in nature. The concept of victim in not only individualistic and it is comprehensive in nature. The extent of victim under victimological perspectives extends up to the extent of culture of crime. If any person pollutes water, air, soil, sea, and river or violates forest laws, wild life laws, biodiversity laws, than such person committed crime against environment and the entire environment is victim of crime and concerned laws are also empowers the courts to awards the punishments to wrong doers and if possible court will take appropriate measures to reinstate to its earlier condition. In general sense, there is no victimless crimes and if the crime occurred, there is victim or victims. If crime committed against any individual, an individual, his dependents, his family members becomes victims. If crime committed against group of people, community or society, they are the victims of crime. In such circumstances all those victims shall be compensated within the legal parameters based on facts of the each case. But now days, legal mechanism on victim compensation has not been governing properly and victims are not been compensated. In India, though we have legal system, except judiciary, the other mechanisms responsible for the administration of criminal justice have not effectively working. The Bharatiya Nagarik Suraksha Sanhita 2023 is the legal instrument which contains some of the provisions with regard to victims and victims’ compensation. With this background, this article will enlighten on the aspect of effective implementation of victim compensation mechanism in its true spirit based on the secondary data available in the concerned institutions.

DEFINATION OF VICTIM UNDER BNSS 2023

According to Sec 2(1)(y) ‘victim means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim[1]’;this is the inclusive definition the term victim includes not only the person who has suffered any loss or injury, it also includes the guardian or legal heir of the victim. Reason for this inclusion is that, if the victim has serious injured or died by the act of crime and permanently temporarily or mentally and physically disabled by the act of crime and such victim is the only breadwinner in his family and the family consists of age old parents who are suffering from age old related issues or if they have small children or adult female members who have attained majority, in such circumstances if there are not compensated properly, the victim family suffers everlasting irreparable loss. Hence this definition and other allied provisions of BNSS 2023,empowers the courts to award the compensation based on facts and circumstances of the case.

MEANING OF VICTIMS UNDER INTERNATIONAL LEGAL INSTRUMENTS

There is an international legal instrument on rights of victims which was initially proposed by Victim Rights Working Group of the United Nations General Assembly and unanimously adopted by United Nations General Assembly through itsresolution 40/34,the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Powerwhich has adopted in 1985

According to Article 1 ofDeclaration of Basic Principles of Justice for Victims of Crime and Abuse of Power-‘victims means persons 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 that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power’[2]. This provision comprehensively covers all forms of victims of crimes in the interest of safeguarding the rights of victims.

According to 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 dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization’[3]. Under this Article it specifically states that, victim means victims only, there no familial or relative hindrance and it also covers immediate family members of victim as victims. 

As contained in Article 3,‘herein shall be applicable to all, without distinction of any kind, such as race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin, and disability’[4]. This article clearly specifies the scope of victims in broader perspective as well as inclusive and affirmative approaches without any discrimination.

MEANING OF ‘VICTIMS OF ABUSE OF POWER’ UNDER UN DECLARATION

Article 18 of Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power- “victims of abuse of power” means ‘persons 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 that do not yet constitute violations of national criminal laws but of internationally recognized norms relating to human rights’[5].The abuse of power means, any officials superior in rank causing emotional stress to their subordinates unethically or causing emotional, mental or physical torture.

CONSTITUTIONAL SCHEME AND RIGHTS OF VICTIMS OF CRIME

Article 21 of Constitution of India protects the interest of victims and it impliedly imposes an obligation on the government to take measures to protect the personal liberty, dignity and rights of victims, and it says that, ‘no person shall be deprived of his life or personal liberty except according to procedure established by law’[6] which means any means of deprivation life, personal liberty or damaging the dignity of any citizen of this nation without following any procedure established by law than the state is held responsible and its bounding duty of state to compensate to all victims. Indian judiciary has reiterated this opinion in thousands of cases and victims were compensated.

On the basis of above considerations, victims of crime also have rights like right to access justice, right of fair trial, right to fair treatment, right to restitution, right to compensation, right to medical expenses, right to compensation (financial compensation),right to reimbursement of the expenses of relocation, right to assistance (material, medical, psychological or social) through governmental, voluntary services.

ACCESS TO JUSTICE AND FAIR TREATMENT UNDER UN DECLARATION

Article 4 of Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, deals on the subject of ‘access to justice and fair treatment’ which means ‘victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered’[7].

According to Article 5, ‘judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms’[8].

According to Article 6, ‘the responsiveness of judicial and administrative processes to the needs of victims should be facilitated by:

(a) Informing victims of their role and the scope, timing and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information;

(b) Allowing the views and concerns of victims to he presented and considered at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system;

(c) Providing proper assistance to victims throughout the legal process

(d) Taking measures to minimize inconvenience to victims, protection their privacy, when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;

(e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims’[9].

According to Article 7, ‘informal mechanisms for the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and redress for victim’[10].

Article 4 to 7 of the UN Declaration comprehensively explains the manner in which victim can access to justice and fair treatment. These comprehensive legal standards for treatment of victims and access to justice shall be implemented by all member countries within the spare of their municipal laws and such laws shall make the way to victims to access the justice and to get the fair treatment as a result of injury sustained by crime.  

TREATMENT OF VICTIMS UNDER BNSS 2023

Sec 397 is the most important provision under BNSS 2023 which is structured on par with Article 4 of UN Declaration which mandates that ‘all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 64, section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the BharatiyaNyayaSanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the police of such incident’[11].

In Rattiram & Ors v. State Of M.P,the Supreme Court observed that ‘the criminal jurisprudence, with the passage of time, has laid emphasis on victimology which fundamentally is a perception of a trial from the view point of the criminal as well as the victim. Both are viewed in the social context. The view of the victim is given due regard and respect in certain countries. In respect of certain offences in our existing criminal jurisprudence, the testimony of the victim is given paramount importance. Sometimes it is perceived that it is the duty of the court to see that the victim's right is protected’.[12]

COMPARISON OF SEC 395 OF BNSS 2023 WITH SEC 357 OF CR.PC 1973

Sec 395 of Bharatiya Nagarik Suraksha Sanhita 2023 is the corresponding provision of Se 357 of Code of Criminal Procedure 1973[13] without any change. This enabling provision authorizes the courts to make an order against the accused persons to pay the compensation to victims in appropriate cases. 

 As per Sub Sec (1) of Sec 395 ‘when a court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied—

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855, entitled to recover damages from the person sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto’[14].

This provision enables the courts to order the convicted person to pay the compensation to the victims for any loss or injury caused by the crime and such compensation also cover prosecution costs including compensating any bona fide purchasers loss, loss of fatal accident or death of victim.

As per Sub Sec (2), 'if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal’.

As per Sub Sec (3), ‘when a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced’[15].

The above Sub Sec 3 of Sec 395 of Bharatiya Nagarik Suraksha Sanhita 2023 empowers the court while delivering the judgment, to order the accused person to pay by way of compensation of such amount based on the facts and circumstances of the case, depending upon the loss or injury.   

As per Sub Sec (4), ‘an order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision’.

As per Sub Sec (5), ‘at the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section’[16].

The sub sec 4 and 5 of 395 of Bharatiya Nagarik Suraksha Sanhita 2023 empowers the appellate courts and the courts conducting the civil proceedings subsequently relating to the same matter to award the compensation to take into account of any sum paid by the accused as compensation and award based on circumstances of the cases. Sub sec (1) to (5) of Sec 395 can only empowers the courts to order the accused person to pay the compensation to victim if the victim has sufficient financial background and this provision is salient when the accused does not have any financial means. In such circumstances, court cannot make an order or compel accused to pay compensation to victim.

INTERNATIONAL LEGAL INSTRUMENTS ON VICTIMS COMPENSATION

Article 12&13 of UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power deals relating to victim compensation and creation of National Fund to provide victim compensation.

According to Article 12, ‘when compensation is not fully available from the offender or other sources, States should endeavour to provide financial compensation to: (a) Victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes; (b) The family, in particular dependents of persons who have died or become physically or mentally incapacitated as a result of such victimization’[17].

Another mandate under Article 13 is‘the establishment, strengthening and expansion of national fund, for compensation to victims should be encouraged. Where appropriate,other funds may also be established for this purpose, including in those cases where the State of which the victim is a national is not in a position to compensate the victim for the harm’[18].

Above articles directs and imposes bounding duty on the member countries to provide financial compensation if the victim has sustained significant physical or mental injury as a result of serious crime and not compensated by the accused. These crystal clear compensatory provisions of UN Declarations shall be implemented in true letter and spirit within the spare of domestic law of all modern legal system across the globe. To give effect to these Articles in a true letter and spirit with in Indian legal framework, the previous Code of Criminal Procedure 1973 contains Sec 357A and Sec 357B provisions which were dealing with victim compensation and after repealing earlier Code of Criminal Procedure 1973 and enactment of new criminal law as Bharatiya Nagarik Suraksha Sanhita 2023 contains provision of Sec 396 to deals in matters relating to victim compensation through state finances. 

NATIONAL LEGAL INSTRUMENT ON VICTIM COMPENSATION     

Sec 396 of Bharatiya Nagarik Suraksha Sanhita 2023 is the corresponding and merged provisions of Sec 357A and Sec 357B of Code of Criminal Procedure 1973[19] without any change. This is the  enabling provision which authorizes the state governmentsto prepare and create the scheme to compensation to victims or for their dependents and also empowers the courts to make an order to pay the compensation to victims from such scheme appropriate cases through proper legal mechanisms.

According to Sub Sec (1) of Sec 396‘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’[20].

As per Sub Sec (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).’[21]

As per Sub Sec (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 rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.’[22]

As per Sub Sec (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.’[23]

As per Sub Sec (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.’[24]

As per Sub Sec (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.’[25]

As per Sub Sec (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 BharatiyaNyayaSanhita, 2023[26]

The above Sub Sec (1) to (7) of Sec 396 of BNSS contains the very objects and mandates of Art 12 and 13 of UNGA Declaration in respect of compensation to victims. These provisions prescribes the standard methods and bounding duty on state and its institutional mechanism in the administration of justice like State government, Courts, State Legal Service Authorities and District Legal Services Authorities to take initiatives to award compensation to victims in appropriate cases based on the facts and circumstances of the cases. Sub Sec (1) of Sec 396 directs to every State Government shall prepare a scheme for providing funds in co-ordination with the Central Government for the purpose of compensation to the victim who have suffered loss or injury as a result of the crime. If any recommendation made by the court in respect to case before it, for compensation to the victim the State or District Legal Services authorities after receiving such recommendations, shall conduct the enquiry within two months and shall decide the quantum of compensation under the scheme based on the circumstances of the case.

RESTITUTION OF VICTIMS AND THEIR DEPENDENTS

Article 8 of UN Declaration mandates to judiciary that, ‘offenders or third parties responsible for their behaviour should where appropriate, make fair restitution to victims, their families or; dependants. Such restitution should include the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of the victimization, the provision of services and the restoration of rights’.

Article 9 mandates to concerned government that, ‘governments should review their practices, regulations and laws to consider restitution as an available sentencing option in criminal cases, in addition to other criminal sanctions’.

Article 10 mandates to protect environment and community interest which means ‘in cases of substantial harm to the environment, restitution if ordered, should include, as far as possible, restoration of the environment, reconstruction of the infrastructure, replacement of community facilities and reimbursement of the expenses of relocation, whenever such harm results in the dislocation of a community’.

Article 11 mandates to concerned government that, ‘where public officials or other agents acting in an official or quasi official capacity have violated national criminal laws, the victims should receive restitution from the State whose officials or agents were responsible for the harm inflicted. In cases where the Government under whose authority the victimizing act or omission occurred is no longer in existence the State or Government successor in title should provide restitution to the victims’.

The above Article 8 to 9 of UNGA Declaration mandates the concerned responsible authorities of every member country to take appropriates initiatives via suitable legal framework for the restitution of victims and their defendants. The above articles obligates concerned governments and judiciary to play vital role in fair restitution of victims who sustained any loss or injury as result of crime and they also mandates that, any public officials or other agents while acting of their official or quasi-official capacity if  they violate any criminal laws, the victims should receive restitution from the State. These declaratory provisions, not only mandates for restitution of victims it also covers the interest of community as well as environment. If any substantial damage occurred to environment shall be restored or reconstructed. These positive legal initiatives are to be implemented in a strict sense within their domestic laws of all the member countries. Even we have such an affirmative international as well as national legal mechanism, incidence of individual, community and environment victimisation have been rapidly grooving and these victimisation incidents have to be curbed in trues letter and spirit. 

COMPENSATION TO PERSONS GROUNDLESSLY ARRESTED UNDER BNSS 2023

Sec 358 of Code of Criminal Procedure 1973 has been incorporated into Sec 399 of BNSS without any change and which mandate and directs the courts to award compensation to persons who are groundlessly arrested. If there no such provision, people can make allegation on vengeance, mischief allegation by misuse of legal provision and the person against whom groundless allegation are made will suffers huge loss and this provision will prevent such incidents. According to Sub Sec (1) of Sec 399 of BNSS, ‘whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit[27]’. If any person arrested on the allegation made by any person and if there is no sufficient ground for causing such arrest than this proviso empowers the magistrate within the limits of this proviso to award appropriate compensation paid by the person who made groundless allegation against accused and this is the inclusive proviso which covers the person who groundlessly arrested as victim.

Sub Sec (2) of Sec 399 of BNSS empowers magistrate to award the compensation in case where more persons than one are arrested, in such cases ‘the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit’[28]. All persons who are groundlessly arrested are also the victims and all are shall be compensated as per this proviso.

Sub Sec (3) of Sec 399 of BNSS authorise the magistrate that, ‘all compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid’[29].

VICTIM COMPENSATION SCHEME IN KARNATAKA

In exercise of this powers conferred by Sec 396 of BNSS 2023, (earlier Sec 357A of Code of Criminal Procedure, 1973,) the government of Karnataka frames the scheme in 2011 called Karnataka Victim Compensation Scheme, 2011, for providing the funds for the purpose of compensation to victims or their dependents who have suffered lass or injury as a result of the crime and to provide rehabilitation to victims.

According to Sec 2(e) ‘victim” means a person who himself has suffered loss or injury as a result of crime and require rehabilitation and includes his dependents who have suffered loss or injury as a result of crime and who require rehabilitation.[30]’

Victim Compensation Fund

Sec 3. Deals relating to ‘Victim Compensation Fund:

(1)   There shall be a fund called Victim Compensation Fund.

(2)    There shall be credited to the said fund,

(i)                 All grants, subventions, donations and gifts made by the Central Government, State government, any local authority or anybody, whether incorporated or not or any person.

(ii)               All other sums received by or on behalf of the victims compensation from any source whatsoever.

(3)   Except as otherwise directed by the state government all money credited to the fund shall be invested in any Scheduled Bank or in the State Government Treasury.[31]’

Schedule of the Victim Compensation Scheme[32]:

Sl. No	Particulars of loss or Injury due to Crime	Maximum Limit of Quantum of Compensation
1	Loss of Life a)      40 years age or below b)     40 years to 60 years c)      60 years and above	Rs. 3.00 Lacs to the next of kin Rs. 2.00 Lacs to the next of kin Rs. 1.00 Lacs to the next of kin
	Note: in case of death of a victim, expenses incurred for medical treatment, before the death, up to a maximum of Rs. 25,000/- and a maximum of Rs. 20,000/- may be given as funeral expenses, to the next kin of the victim in case of victim’s death.
2	Loss of any Limb or part of body resulting 80% or above handicap due to any crime including Acid Attack	Rs. 3.00 Lacs
3	Loss of any limb or part of body resulting 40% and below 80% handicap due to any crime including Acid Attack	Rs. 2.00 Lacs
4	Loss of any limb or part of body resulting below 40% handicap due to any crime including Acid Attack	Rs. 1.00 lacs
5	Rape of Minor	Rs. 3.00 lacs
6	Rape of other than Minor	Rs. 1.5 lacs
7	(a)   Rehabilitation necessitated due to damage to the house etc, 80% or more (b)   Rehabilitation necessitated due to damage to the house etc, less than 80%	Rs. 50,000/- Rs. 25.000/-
8	Grievous injury other than injuries mentioned above	Rs.20,000/-
9	Women and child victims in cases like human trafficking who themselves or their dependents have suffered separation, dislocation and disturbance	Rs.1.00 lac

VICTIMS OF CRIMES AS IDENTIFIED BY KSLSA FOR COMPENSATION

Different victims of crimes as identified by KSLSA for compensation as are follows… Murder of women, murder of men, rape on minor, Murder of their Son/Husband, Rape, Attempt to Murder on Men, Injury to Men and Women, Suicide of Men & Women, Abduct of Minor, Attempt Rape on Minor, Sexual Harassment on Minor, Rape and Pregnant of Minor, Sexual Abuse on Minor, Men 75% Disability, Grievous Injury on Men and Women, Women Loss of Vision, Men Handicap, Rape and Murder of Minot, Rape and Robbery, Sexual Assault on Minor, Sexual Assault on Minor & for the baby born to her, Murder of his Daughter, Death of Sister and Brother-in-law, Death of Men due to acid attack, Women Burn Injuries, Human Trafficking of Women, Attempt to Suicide, Rape on Minor Mentally Retarded, Murder of his Wife, Sexual Intercourse on Boy, Suicide of Minor Girl, Mental Harassment on Minor, Unnatural Sex with Minor boy and Murdered[33].

According to Karnataka State legal Service Authority report of 2019-2020 contains statement of payment made by KSLSA under Victim Compensation Scheme that, Rs.10, 15, 48, 225 used to provide compensation to 469 victims of various crimes across the state. Recently, the division bench of Karnataka High Court headed by Chief Justice Ritu Raj Awasti directed to government of Karnataka to release at the earliest Rs. 7 Crore to Karnataka State Legal Service Authority to effectively implement and maintain Victim Compensation Scheme in the state[34].

According to National Legal Services Authority’s Newsletter, July-September, 2024, Karnataka State Legal Services Authority has received 346 total number of applications for victim compensation and total number of victims who were granted interim compensation was 18, number of victims who were granted final compensation 328, total number of Acid Attack Victims who were granted interim and final compensation 7 and total amount of compensation Rs.1300000, total number of victims of sexual abuse who were granted interim compensation is 17 and final compensation is 211 and the total amount of compensation granted to victims of sexual abuse Rs.8260800, number of other victims who are granted final compensation is 114 and total amount of compensation granted to other victims Rs.41155000, and total amount of compensation disbursed to all kinds of victims, from 1st January, 2024 to 01st September , 2024 is 56792000[35].

VICTIMS AND JUDICIAL APPROACHES

The Supreme Court of India took SuoMotu Writ Petition in In Re Gang Rape on Orders of Community Panchayath[36]. The bench consisted of judges P. Sathasivam CJI, SharadArvindBobde and N.V Ramana Judges. This was the ‘SuoMotu action was taken by the Supreme Court on an incident of gang rape based on news item published in the Business and Financial News dated 23-01-2014 relating to gang rape of 20 year old women of Subalpur Village, P.S. Labpur, District Birbhum, State of West Bengal on the orders of Community Panchayathfor having a relationship with a man from a different community. The court held that, violence against women is recurring crime across the globe and India is no exception in this regard. The case at hand is the epitome of aggression against a women and it is shocking that even with rapid modernization such crime persists in Indian society. The state Police Machinery could have prevented the said occurrence and the state is duty bound to protect the fundamental rights of its citizens and an inherent aspect of Article 21 of the Constitution would be the freedom of choice in marriage. Such offences are resultant of the states incapacity or inability to protect the fundamental rights of its citizens. Further, the court considering the facts and circumstances of the case, the victim given compensation of Rs 5 Lakhs in addition to the already sanctioned amount of Rs 50.000 compensation’.

The court further emphasized that ‘the duty of the court and police that, courts and police officials are required to be vigilant in upholding the rights of the victims of crime as the effective implementation of the provisions of Code of Criminal lies in the hands of police officer who must visit the village on every alternative days to instill a sense of security and confidence amongst the citizens of the society and to check the depredations of criminal elements. And the courts while awarding the compensation said that no amount of compensation can be adequate nor can it be of any respite for the victim but since such offence take place due to failure on the part of state in protecting the victims fundamental right, the state is duty bound to provide compensation which may help in the victims rehabilitation. The humiliation or the reputation that is snuffed out cannot be decompensated but then monetary compensation will at least provide some solace to victim[37].’

In the case of Gurusahib Singh v. State of Punjab & Anr,[38], the Supreme Court held that the petitioner can always seek compensation under the victim compensation scheme formulated by the National Legal Services Authority or State Legal Services Authority or the Government as the case may be and if such an application is made for grant of compensation, the same shall be decided on its own merits without being influenced by the impugned order.    

In it’s another recent judgment, the Supreme Court of India has emphasized victim compensation concerning rape victims especially children and women. SaibajNoormohammadShaikh v. State of Maharastra&Anr[39], Criminal Appeal 2024, Supreme Court bench headed by Justice B.V. Nagaratna and Justice PankajMithalhas said that, ‘Section 357A specifically speaks of victim compensation scheme and under the said provision, it is noted that direction for payment of victim compensation is to be implemented by the District Legal Services Authority or the State Legal Services Authority as the case may be, and compensation has to be released to the victim as early as permissible and we direct that a Sessions Court, which adjudicates a case concerning the bodily injury such as sexual assault etc. particularly on a minor children and women shall order for victim compensation to be paid having regard to  the facts and circumstances of the case and based on the evidence on record, while passing the judgment either convicting or acquitting the accused, Secondly the said direction must be implemented by the District Legal Services Authority or State Legal Services Authority as the case may be in the letter and spirit and in the quickest manner and to ensure that the victim is paid the compensation at the earliest’. The court further said that, ‘there can be direction for payment of interim compensation which could be made by the Sessions Court depending upon the facts of each case. In this case Supreme Court has issued direction to all High Courts to directs to its subordinate Sessions Courts with regard to order the victim compensation in rape cases   For the purpose of implementing the said provision in letter and spirit we direct that a copy of this order be circulated by the registry of this court to all the High Courts addressed to the Registrar Generals of the High Courts, who are requested to transmit the said order to all the Principle District Judges in all the districts of the respective states and for onward transmission to the Sessions Judges dealing with such matters, who are under an obligation to order for victim compensation in an appropriate case’[40]. 

CONCLUSION AND SUGGESTION

It is difficult imagine that victimless crime across the world and moreover, culture of crime always defending on the nature of socio-economic and technological wellbeing of the human society because recent trends of crime like online crimes or digital arrest have been rapidly increasing and our police are not well trained to trace out the culprits. Indeed our existing crime preventive mechanisms are facing lack of training and infrastructural facilities and hence victims are also increasing. Long term measure to curb such crimes, proper skillful training and infrastructural facilities and a larger societal education and awareness programs are indeed essential. Existing Central and States Governments have to take positive initiatives to formulate suitable policies and shall take measures to implement those policies in order to uplift the socio-economic condition of victims, to reinstate and bring them into main stream of the society, sensitization of the police and other concerned parties towards all forms of victims.

* Assistant Professor of Law, Vidyavardhaka Law College, Mysuru.

[1]BharatiyaNagarikSurakshaSanhita 2023, s 2(1)(y)

[2] UNGA Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, a 1, https://www.unodc.org/pdf/rddb/CCPCJ/1985/A-RES-40-34.pdf

[3] Ibid. a 2

[4] Ibid. a 3

[5]Ibid. a 18

[6]Constitution of India 1950 a 21

[7]Ibid. a 4

[8]Ibid. a 5

[9]Ibid. a 6

[10]Ibid. a 7

[11]Ibid. s 397

[12]Rattiram&Ors v State Of M.P AIR (2012) SC 1485

[13]Code of Criminal Procedure 1973, s 357

[14]Bharatiya Nagarik Suraksha Sanhita 2023, s 395(1)

[15]Ibid. s 395(3)

[16]Ibid. s 395(4)(5)

[17] Ibid. a 12

[18]Ibid. a 13

[19]Ibid. s 396

[20] Ibid. s 396(1)

[21]Ibid. s 396(2)

[22]Ibid. s 396(3)

[23]Ibid. s 396(4)

[24]Ibid. s 396(5)

[25]Ibid. s 396(6)

[26]Ibid. s 396(7)

[27]Ibid. s 399(1)

[28]Ibid. s 399(2)

[29]Ibid. s 399(3)

[30]Karnataka Victim Compensation Scheme 2011 s 2(e)

[31]Ibid. s 3

[32] Modified Karnataka Victim Compensation Scheme 2013

[33] Karnataka State Legal Service Authority, Bengaluru, 2019-2020 statement on victim compensation

[34] Times of India-Jan 29, 2022, 13.09 IST

[35]Nalsa Newsletter, July- September, 2024

[36]In Re Gang Rape on Orders of Community Panchayath (2014) 4 SCR 264.

[37] Ibid.

[38]Gurusahib Singh v. State of Punjab & Anr (2024) SLP SC

[39]Saibaj Noor Mohammad Shaikh v. State of Maharastra & Anr, (2024) Criminal Appeal

[40]Ibid.