Explain The origin of victim compensation scheme as per Indian law.

  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.

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LLM Notes: Compensation to Victims of Crime: A Judicial Trend Protecting Human Rights in India

 Overview: The Paradigm Shift

Victim compensation has evolved from a peripheral concern to a fundamental aspect of constitutional justice in India, recognizing that true justice extends beyond punishing the perpetrator to restoring and rehabilitating the victim. This transformation reflects the judiciary’s commitment to protecting human dignity and enforcing substantive rights under the Indian Constitution.

Constitutional Foundation: Articles 21, 14, and 32

The legal basis for victim compensation rests on three constitutional pillars:

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LLM Notes: Victim Compensation in India: Statutory Provisions and Landmark Judgments

Victim compensation is a critical aspect of the criminal justice system, aimed at providing financial relief and rehabilitation to individuals who suffer harm due to criminal acts. Over the years, the Indian legal framework has evolved to recognize the rights of victims and ensure their access to justice through statutory provisions and judicial pronouncements. This article explores the concept of victim compensation in India, its statutory basis, and landmark judgments that have shaped its application.

The Code of Criminal Procedure (CrPC), 1973, provides the primary legal framework for victim compensation in India. Key provisions include:

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LLM Notes: What factors the court must consider while granting compensation to victim of crime?

 Courts in India must consider various factors when granting compensation to victims of crime to ensure justice and rehabilitation. These factors are derived from statutory provisions, judicial guidelines, and victim compensation schemes. Below is an explanation of these factors along with landmark judgments.

1. :

   • The seriousness of the crime and its impact on the victim are key considerations. Heinous crimes such as rape, acid attacks, or custodial deaths often warrant higher compensation.

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   • Physical and mental harm suffered by the victim, including trauma or permanent disability, is evaluated. For example, acid attack survivors often require substantial compensation for medical treatment and rehabilitation.

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LLM Notes: Evolving Legal Framework for Victim Compensation in India: A Comparative Analysis of CrPC, 1973 and BNSS, 2023

Victim compensation is a crucial aspect of the criminal justice system, aimed at providing relief and rehabilitation to individuals who suffer harm due to criminal acts. In India, the legal framework for victim compensation has undergone significant transformation with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), 1973. This article explores the provisions for victim compensation under both laws, compares their features, highlights judicial precedents, and analyzes how the new framework improves upon the old system.

The CrPC, 1973, provided for victim compensation through several provisions:

1. :

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