Discuss the provisions of CrPC regarding the victim compensation scheme.

Question: Discuss the provisions of CrPC regarding the victim compensation scheme.

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Answer

In India, the trial court has been empowered to pass an order for payment of compensation from the accused to the victim besides the normal imprisonment and fine paid by him. Sections 357 and 357A of the Code of Criminal Procedure specifically deal with the powers of the trial to grant compensation and costs to the victim.

According to Section 357 of the Code, if a court passes any sentence that includes a payment of a fine, the court may order that the fine be used for any of the following purposes:

1. To defray any expenses incurred by the victim towards the prosecution of the accused.
2. To pay any compensation to the victim for any loss or injury caused to the victim by the offence and as decided by the court. The fine amount can be used to pay such compensation and later can be recovered from the accused itself.
3. In case of any death caused due to the act of the offender and the family of the victims are entitled to damages or compensation under the Motor Vehicles Act, 1988, the court may order for the utilization of a fine amount towards the payment of such compensation.
4. when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, 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.

Besides Section 357, a newly inserted provision Section 357A provides for Victim Compensation Scheme to be prepared by the State Government and Central Government. The key points under this provision can be enumerated as follows:

1. Every State Government is required to prepare a scheme with the assistance of which a separate fund would be created by every State for the purpose of compensating victims who have suffered loss or injury due to any offence committed against them.
2. For the purpose of this scheme, the State is required to act in coordination with the Central Government.
3. The compensation to be paid through this fund can be availed by the dependent family members of the victim as well if the offence committed has caused the death of the victim. Moreover, the funds can be used in cases of rehabilitation, to meet the rehabilitation expense of the victim.
4. The courts are empowered only to decide on the matter of compensation, i.e. whether compensation should be granted or not and recommend compensation and the amount of compensation is to be determined by the State Legal Services Authority or District Legal Services Authority on a case-to-case basis.
5. If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make a recommendation for compensation.
6. The provision also allows compensation in cases where the accused is not identified and no trial takes place against any person but the victim is still suffering. The victim in such cases may make an application to the District Legal Services Authority for payment of compensation.
7. After receiving the recommendation from the court as aforesaid or any application by the victim, the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.
8. The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for the 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.

Lastly, Section 357B also added through the 2008 amendment, provides that the compensation to be paid by the offender to the victim must be any amount besides the actual amount imposed as a fine upon such person. It means that any amount ordered by the court to be paid as a fine shall be distinct from what will be ordered by the Legal Services Authority to be paid as compensation. Under Section 357, such an amount may be used to pay compensation but it must be recoverable from the accused person.

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