In Indian law, the victim compensation scheme originated because Section 357 CrPC was found inadequate, as it mainly depended on conviction and on the offender’s capacity to pay compensation. To address this gap, Parliament inserted Section 357A CrPC through the Code of Criminal Procedure (Amendment) Act, 2008, creating a statutory obligation on every State Government to frame a Victim Compensation Scheme for victims who suffered loss or injury and require rehabilitation.
60-second answer
“In Indian law, the origin of the victim compensation scheme lies in the inadequacy of Section 357 CrPC. Under Section 357, compensation was linked mainly to conviction and payment by the accused, so many victims remained without real relief. Therefore, by the 2008 amendment, Section 357A was inserted in the CrPC, which made it mandatory for every State Government, in coordination with the Central Government, to prepare a Victim Compensation Scheme. This was a major shift from offender-based compensation to State-supported rehabilitation of victims. Under Section 357A, compensation can be awarded even where the accused is acquitted, discharged, or not traced, provided the victim needs rehabilitation. In the new law, this concept continues under BNSS, showing that victim compensation is now a statutory part of Indian criminal justice.”
Memory line
“Section 357 CrPC was inadequate because it depended on conviction and the offender’s payment; Section 357A created a State-funded rehabilitation model for victims.”
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