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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Supreme Court: Sessions or Pocso Courts Must Order Victim Compensation or interim compensation In Cases Of Sexual Offences Against Minors And Women

 In the circumstances, we direct that a Sessions Court, which adjudicates a case concerning the bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim compensation to be paid having regard to the facts and circumstances of the case and based on the evidence on record, while passing the judgment either convicting or acquitting the Accused. Secondly, the said direction must be implemented by the District Legal Services Authority or State Legal Services Authority, as the case may be, in letter and spirit and in the quickest manner and to ensure that the victim is paid the compensation at the earliest. {Para 16}

17. There can also be a direction for payment of interim compensation which could be made by the Sessions Court depending upon the facts of each case.

19. In the facts and circumstances of the present case, the second Respondent shall also be entitled to be considered for compensation Under Rule 7 of the POCSO Rules, 2012 and now Under Rule 9 of the POCSO Rules, 2020.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4495 of 2024.

Decided On: 04.11.2024

Saibaj Noormohammad Shaikh Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

B.V. Nagarathna and Pankaj Mithal, JJ.

Citation:  MANU/SC/1363/2024.

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Supreme Court: Sessions Court Must Order Victim Compensation In Cases Of Bodily Injury To Women And Children

On a reading of the order and judgment of the Trial

Court, which has convicted the appellant herein for the

offence, inter alia, under Section 376-D of the IPC except

imposing the fine of Rs.12,500/- (Rs.10,000/- + Rs.2,500/-),

we find that no direction for payment of victim compensation

to the second respondent/victim has been ordered. Such a lapse

on the part of Sessions Court would only delay payment of any

compensation under Section 357-A of the CrPC.

In the circumstances, we direct that a Sessions Court,

which adjudicates a case concerning the bodily injuries such

as sexual assault etc. particularly on minor children and

women shall order for victim compensation to be paid having

regard to the facts and circumstances of the case and based

on the evidence on record, while passing the judgment either

convicting or acquitting the accused. Secondly, the said

direction must be implemented by the District Legal Services

Authority or State Legal Services Authority, as the case may

be, in letter and spirit and in the quickest manner and to

ensure that the victim is paid the compensation at the

earliest.

There can also be a direction for payment of interim

compensation which could be made by the Sessions Court

depending upon the facts of each case.

  IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

(@ Special Leave Petition (Crl.) No. 13890/2024)

SAIBAJ NOORMOHAMMAD SHAIKH Vs  STATE OF MAHARASHTRA & ANR

Dated: NOVEMBER 04, 2024.

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Leading Supreme Court on right to free legal-aid of prosecutrix/victim/survivor of sexual offences

 In this background, we think it necessary to indicate the broad parameters in assisting the victims of rape.

1) The complainants of sexual assault cases should be provided with legal representation. It is important to have same one who is well-acquainted with the criminal justice system. The role of the victim's advocate would not only be to explain to the victim the nature of the proceedings, to prepare her for the case and to assist her in the police station and in Court but to provide her with guidance was to how she might obtain help of a different nature from other agencies, for example, mind counseling or medical assistance. It is important to secure continuity of assistance by ensuring that the same person who looked after the complainant's interests in the police station represent her till the end of the case.

2) Legal assistance will have to be provided at the police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she was being questioned would be of great assistance to her.

3) The police should be under a duty to inform the victim of her right to representation before any questions were asked of her and that the police report should stage that the victim was so informed.

4) A list of advocates willing to act in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable.

5) The advocate shall be appointed by the court, upon application by the police at the earliest convenient moment, but in order to ensure that victims were questioned without undue delay, advocates would be authorised to act at the police station before leave of the Court was sought or obtained.

6) In all rape trials anonymity of the victim must be maintained, as far as necessary.

7) It is necessary, having regard to the Directive Principles contained under Article 38(1) of the Constitution of India to set up Criminal Injuries Compensation Board. Rape victims frequently incur substantial financial loss. Some, for example, are too traumatized to continue in employment.

8) Compensation for victims shall be awarded by the Court on conviction of the offender any by the Criminal Injuries Compensation Board whether or not a conviction has taken place. The board will take into account pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of child birth if this occurred as a result of the rape. {Para 16}

 IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 362 of 1993

Decided On: 19.10.1994

Delhi Domestic Working Women's Forum Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

M.N. Venkatachaliah, C.J., S. Mohan and S.B. Majmudar, JJ.

Author: S. Mohan, J.

Citation:  MANU/SC/0519/1995,( 1995 ) 1 SCC 14.

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Whether DLSA should deny compensation to the victim U/S 357A of CRPC if victim has received some compensation under some other statutory provisions?

 In view of the above legal position, Clause 4 of the Scheme has to be interpreted so as not to defeat the object of the Scheme. The Scheme read with Section 357A of Cr.P.C. envisages that the victim or the dependent should receive just compensation. To knock out an applicant under the Scheme merely because some meagre or token compensation was received by the applicant under some other statutory provisions would be unfair and contrary to the very object of the Scheme. Clause 4 is added to ensure that no victim or dependent gets a bonanza or largesse. It is not intended to inflict injury. Clause 4 has to be read conjointly and would have to take its colour from Section 357A Cr.P.C. read with Clause 5 and Schedule to the Scheme. Reading Clause 4 of the Scheme in this manner would mean that the victim can be said to "have been compensated for the loss and injury" from some other scheme when he has received compensation equivalent to or more than what is the minimum stipulated in the Schedule to the Scheme. Such an applicant would not be entitled to receive any compensation under the present Scheme. However, where the amount received is less than the minimum stipulated under the Schedule, it cannot be said that he has been compensated for the loss and injury and the concerned authority shall grant appropriate compensation under the Scheme but taking into account the amount of compensation already received by the victim/dependent. {Para 20}

 IN THE HIGH COURT OF DELHI

W.P. (C) 3754/2015

Decided On: 14.09.2015

Mohini Vs. The State (Govt. of NCT of Delhi) and Ors.

Hon'ble Judges/Coram:

G. Rohini, C.J. and Jayant Nath, J.

Author: Jayant Nath, J.

Citation:  MANU/DE/2694/2015,2016 ACJ 2115 (Del).

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Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period

The learned counsel for the petitioners fairly submits that insofar as prayer clauses (c) and (c-i) of the writ petition are concerned, the same stand answered by virtue of the aforesaid Scheme of 2022. He submits that the petitioners desire to seek benefit under the said Scheme. However, under Clause 16 thereof, a period of limitation has been prescribed and the claim is required to be made within a period of three years from the date of occurrence of the offence or conclusion of the trial. He submits that in the present case, the incident in question occurred on 4th October 2010 while the trial concluded in the year 2015. He, therefore, submits that the claims sought to be raised by the petitioners be directed to be entertained without being treated as being barred by limitation. {Para 5}

6. We find that under the Proviso to Clause 16, the delay beyond a period of three years can be condoned in deserving cases. We find the present case to be a deserving one for the reason that after being subjected to an acid attack, the petitioners were required to approach this Court in the matter of grant of compensation. During pendency of this writ petition, the Scheme of 2022 came to be implemented. We therefore find that the petitioners can be permitted to move an application seeking compensation in accordance with the Scheme of 2022.

7. Accordingly, it is directed that if the petitioners seek compensation under the Scheme of 2022 by making an appropriate application within a period of four weeks from today, the application shall be considered on its own merits and in accordance with law. Keeping all grounds for seeking compensation as raised in the writ petition open, it is disposed of in aforesaid terms.

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.962 OF 2016

ALONG WITH

INTERIM APPLICATION NO.2022 OF 2020

 Petitioners/  Applicants  Vs 1. State of Maharashtra, 

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ

DATE : 3RD APRIL, 2024.

ORAL JUDGMENT : ( Per A.S. Chandurkar, J. )

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Questions and answers on law (Part 64)

Q 1:-  What is basic concept of giving false evidence ?

Ans:- s 191 of CPC_ Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

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Can a Court Direct an Accused to Pay Interim Compensation to the Victim as a Condition for Granting Bail or Anticipatory Bail?

 2. We do believe that the impugned order suffers from an infraction of law as the question of interim victim compensation cannot form part of the bail jurisprudence.

6. In Udho Thakur (supra) the aspect of use of expression "victim compensation" was found to be inappropriate as pre-arrest bail proceedings are not money recovery proceedings.

7. The matter in this case is one step further as it is not a payment of money/deposit of money as a condition of grant of anticipatory bail but the direction is to pay interim victim compensation in the proceedings for anticipatory bail.

10. We have set forth this to appreciate that victim compensation is simultaneous with the final view taken in respect of the alleged offence, i.e., whether it was so committed or not and, thus, there is no question of any imposition pre-finality of the matter pre-trial.

11. In a recent judgment of this Court in Dharmesh v. State of Gujarat MANU/SC/0412/2021 : (2021) 7 SCC 198 it was opined that it was clear from the plain reading of Section 357 that such compensation can only arise after the conclusion of trial albeit, of course, the same being a matter of discretion. The High Court's direction to the Accused for deposit of compensation for the legal heirs of the deceased (victim), as a condition for the bail cannot be sustained and, thus, logically set aside.

12. The Court opined that the objective is clear that in cases of offences against body, compensation to the victim should be methodology for redemption. Similarly, to prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 205/2023 

Decided On: 24.01.2023

Talat Sanvi  Vs. State of Jharkhand and Ors.

Hon'ble Judges/Coram:

Sanjay Kishan Kaul and Abhay Shreeniwas Oka, JJ.

Author: Sanjay Kishan Kaul, J.

Citation: MANU/SC/0093/2023.

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Guidelines of supreme court for grant of compensation to child victim under POCSO Act

Keeping this hiatus in mind, we are of the opinion,
after hearing learned counsel for the parties as well as

learned Additional Solicitor General, that the NALSA’
Compensation Scheme should function as a guideline to the
Special Court for the award of compensation to victims of
child sexual abuse under Rule 7 until the Rules are
finalized by the Central Government.
The Special Judge will, of course, take the
provisions of the POCSO Act into consideration as well as
any circumstances that are special to the victim while
passing an appropriate order.
We need not emphasise that the legislation is gender
neutral and, therefore, the Guidelines will be applicable
to all children.
The Special Judge will also pass appropriate orders
regarding actual physical payment of the compensation or
the interim compensation so that it is not misused or
mis-utilized and is actually available for the benefit of
the child victim. If the Special Judge deems it
appropriate, an order of depositing the amount in an
interest-bearing account may be passed.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.565 OF 2012

NIPUN SAXENA Vs  UNION OF INDIA 

Dated:SEPTEMBER 05, 2018

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Basic features of CRPC amendment act 2008 with effect from 1-11-2010

1. Definition of Victim

The Code of Criminal procedure, 1973 (“CrPC”) did not define the term ‘victim’ in definitional clause under Section 2. The Apex Courts interpreted the term ‘victim’ in various instances. The new CrPC (Amendment) Act, 2008 (“2008 Act”) defined the term ‘victim’ as 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’ also includes his or her guardian or legal heir.

2. Representation by Lawyer

Any criminal act is considered as a wrong against the State and hence it is the duty of the State to institute the case on behalf of primary victim. The CrPC provides for the appointment of Public Prosecutor and Assistant Public Prosecutor to represent the case of victim on behalf of the state. The 2008 Act added a clause in section 24 that the court may permit the victim to engage an advocate of his choice to assist the prosecution under sub-section (8) of section 24.

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