Crime is inevitable in human Society. An individual under tremendous rat race and to fit in the bracket of ‘Survival of the fittest’, succumbs to commit crime.

Victim - Forgotten Entity

 Any Criminal act consists of two entities, perpetrator of crime and the Victim. According to Section 2 (wa) of Code of Criminal Procedure 1973, a “Victim” means a person who has suffered any loss or injury caused by reason of the Act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal guardian.[1]   

 A victim is a cardinal element of the criminal justice system and therefore such a system must be rehabilitative for the victim and reformative for the offender. However, in reality, the victim is neglected and sidelined to fend himself/herself with no assistance and means and the entire focus is on the offender, either to punish or reform him/her.  Therefore, it is legitimately expected that the victim must be given rehabilitative support including monetary compensation.

Compensation Jurisprudence

Restitution, Compensation and damages are the mechanisms devised by the Courts and legislatures to empower the Compensatory Jurisprudence. The UN Declaration on Basic Principles of Justice for Victims and Abuse of Power, 1985, is the magna carta of Victim Rights which is a guiding source for the laws and schemes, relating to Victim Rights and compensation, of the signatory Countries and India is not an exception.

  1.  Code of Criminal Procedure 1973[2]:
  • The restitution in Indian law can be linked to Section 545(1)(b) of Code of Criminal Procedure 1898 (Cr.P.C. 1898) which empowered the Court to provide compensation for losses incurred or injury caused to the victim of a crime.[3]
  • Section 357 - Empowers the Trial Court, Sessions Court, High Court under revisional jurisdiction and Supreme Court to order compensation, in specific instances.
  • Section 357A - Victim Compensation Scheme, 2009 was formulated to provide compensation to the victim where the compensation given by the offender is inadequate or when the offender is not traceable.[4]
  • Central Victim Compensation Scheme 2015 - This Scheme enhanced the quantum of compensation in cases of Rape and sexual assualts.[5] The Scheme was further modified in the year 2016 providing a one time grant to States/ UT’s.[6] 
  • Section 358 - provides compensation to victims of groundless arrest.
  • Section 359 - Order to pay cost in Non - Cognizable Cases.
  1. The Protection of Women from Domestic Violence Act 2005[7]: The Act provides protection, monetary relief, custody, residence and compensation to the victim.
  1. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[8]:  Under this Act Compensation to the Victim is mandatory
  1. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007[9] : This unique law is targeted towards the protection of elders and prevention of any kind of elder abuse and victimization.

Victim is the foundation of the criminal justice system and the ideals of Article 21 and Part IV of the Constitution of India must be adopted in true spirit.

[3]“Revisiting Victim Compensation In India”, Vibha Mohan, Manupatra, http://docs.manupatra.in/newsline/articles/Upload/6F5E12E5-2A56-49A9-BF1B-CBE1DF4F8726.2-F__criminal.pdf Retrieved 12 June 2021.

[4] Dipa Dube, “Victim Compensation Schemes in India: An Analysis, International Journal of Criminal Justice Sciences, Vo.13, Issue 2, July - December 2018, http://www.sascv.org/ijcjs/pdfs/DubeVol13Issue2IJCJS.pdf  Retrieved 12 June 2021.

[9]https://www.indiacode.nic.in/handle/123456789/2033?sam_handle=123456789/1362 Retrieved 13 June 2021.

About the Author: This Legal Article is prepared by Ms. Diksha Anil Faterpekar, who has completed her LLM in 2017 & LLB (Hon.) in 2013 and is an intern at MyLawman. She can be reached at jan311991@gmail.com


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