New Delhi, April 01: Section 357 of the Code of Criminal Procedure provides that a Trial Court, when passing Judgment, may order the whole or any part of the fine recovered to be utilized inter-alia for payment of compensation to the persons who have suffered an injury due to the acts of the convict.
In 2009, with the introduction of Section 357A in the CrPC, the concept of rehabilitative compensation paid by the State emerged in the criminal justice system of India. Section 357A was incorporated to specifically provide for compensation to victims and their family members.
The provision also mandated every State Government to frame “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.”
Pursuant to the above-said statutory incorporation, most of the States have formulated their respective Victim Compensation Schemes. Compensation can be granted under the schemes enacted under section 357A CrPC in four scenarios: (i) in case of Conviction, (ii) in case of Acquitta, (iii) when accused is discharged, and (iv) when the offender is neither traced nor identified.
The process of Victim Compensation is set into motion through two methods. Firstly, the trial court is empowered to make recommendation to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), as the case may be, to decide quantum of compensation to be awarded under the scheme framed by the State Government.
The trial court can also make a recommendation in case it is satisfied that the compensation awarded under section 357 of CrPC is not adequate for rehabilitation.
Secondly, in cases where the offender is neither traced nor identified, but the victim is identified, the victim and his dependents may make an application to the DLSA or SLSA for award of compensation. On receiving such an application, the DLSA or SLSA has to conduct an enquiry and to award adequate compensation within two months.
Pursuant to the directions of Hon’ble Supreme Court of India in W.P. (C) No. 565/2012, a committee was set up to prepare Model Rules for Victim Compensation for sexual offences and acid attacks. The said Committee formulated the Compensation Scheme for Women Victims, Survivors of Sexual Assault, other crimes of National Legal Services Authority (NALSA).
The scheme provides for a Women Victim Compensation Fund which is a segregated fund for disbursement for women victim, out of State Victim Compensation Fund and Central Fund. The Central Fund means the contribution received from Central Victim Compensation Fund (CVCF) Scheme, 2015.
Many of the State Governments have revised their existing Victim Compensation Schemes in accordance with the NALSA’s scheme. Central Government has provided one time grant-in-aid of Rs. 200 Crores under Central Victim Compensation Fund (CVCF) to States, UTs under “Nirbhaya Fund” to supplement their respective Victim Compensation Funds.
The method of awarding and disbursing the compensation differs as per the Schemes of different States. While the LSAs mostly have an active role in determination of compensation, the actual disbursal of the awarded compensation depends on the funds maintained and released by the State Governments.
Coming to Meghalaya there are 194 applications out of which 58 disposed off the compensation awards for sexual offences and the amount disburse is Rs. 66,50,000. The application refer by Courts 82 and the application applied by the victims 76, pending application 84, interim disposal 35 and final disposal 17.
The number of victims 44 and the amount compensate is Rs. 63,25,000/- this was compensation for sexual offences and others 8 and the amount of compensation is Rs. 9,50,000/- This information was given by the Union Minister of Women and Child Development, Smt. Smriti Zubin Irani, in a written reply in Lok Sabha today.
