Legal Remedies available to Victim with special focus to compensation

Introduction

There is crime and violence wherever there is a society. As a result, there are two
categories of people in each and every society: the victim and the criminal. After
committing a crime, a person is apprehended, tried, punished, or placed on
probation. The carriage of justice is frequently mistaken to come to a halt with
the signature of the judgment; however, the final destination is in the hands of
the aggrieved. The Court's and the State's responsibilities are inextricably linked.
The Court is responsible for maintaining justice's impartiality, while the State is
responsible for supporting the pillars of justice. It's a myth that the end of justice
is reached when the offender is sentenced to prison. The major goal of the trial,
however, is to bring justice to the victim. Because the sufferer has merely been
awarded compensation, the victim's condition has remained constant. And, in
most cases, such restitution is inadequate to compensate the victim for the loss
he or she has suffered.

Who is a Victim

Persons who have suffered harm, including physical or mental injury, emotional
suffering, economic loss, or substantial impairment of their fundamental rights, as
a result of acts or omissions that violate criminal laws enacted within the Member
States, including laws prohibiting criminal abuse of power, are referred to as
"victims1."

1 https://www.ohchr.org/en/professionalinterest/pages/victimsofcrimeandabuseofpower.aspx
 How can the compensation be brought?

The compensation must be granted by a court order. Compensation might be

obtained through the court-ordered method. Compensation is given for both
tangible and non-material losses.

Medical bills, lost wages, and other financial losses are examples of material
damages. Non-monetary damages include things like pain, suffering, and
emotional anguish. In criminal situations, victims can request compensation
directly, and it is the lawyer representing the victim's responsibility to demand it.

History And Development Of Compensation

Restitution has been used as a means of justice throughout history. Civil and
criminal law were never separated in prehistoric civilizations, and the perpetrator
was required to recompense the victim and/or family for any harm caused by the
crime. However, the primary objective of such restitution was misplaced since,
rather than repaying the victim, it was designed to protect the perpetrator from
retaliation by the victim or society. It was a deal offered to the offender in order
for him to reclaim the peace he had broken.
However, over time, these principles resulted in a decrease in the imposition of
punishment in civil torts and criminal offenses. Instead of being a remedy in the
case of a crime, compensation became a part of civil law as a victim's entitlement.
As a result, the criminal code withdrew the duty of restitution to rehabilitate
victims. Criminal justice was either reformative or retributive for the perpetrator's
goal, rather than rehabilitative for the victim, according to the legal position. This
traditional stance has recently shifted, as societies around the world have grown
increasingly concerned that lawmakers and courts are abandoning victims of
crime.
A system based on the criminal making restitution to the victim, on the other
hand, is particularly challenging. This is necessary because the criminal must be
apprehended and prosecuted. Aside from that, the victim must be financially able
to afford the criminal trial. Because the criminal is a debtor who is unable to raise
funds while incarcerated, such a technique enhances the chances that the victim
would be denied compensation.
As a result, it appears that establishing a State Fund from which victims can be
rapidly reimbursed when a crime is committed is the best alternative. If and when
the culprit is found guilty, the court may order him to return the State a certain
amount. 8 This is done to ensure that the victim is not injured as a result of the
offender's inability to pay, lengthy delays in the criminal justice system, or an
acquittal due to a lack of evidence. Some countries, including Canada, Australia,
England, New Zealand, Northern Ireland, and the United States, have
implemented legislation mandating criminal justice tribunals to provide
reparations.

Laws governing compensation of victims of crime in India 2

● The provisions relating to compensation to victims of crime are contained

in sections 357, 357A, 358 and 359 of the Code of Criminal Procedure,
1973.

Section 357: Order to Pay Compensation:

Section 357's scope and application extend to any compensation order made
by the trial court, a court of session, or any appeal or High court while
exercising their revision competence. This clause also gives the Supreme
Court the power to order compensation. In four specific cases, the application
of this Section is restricted.
These compensations might be requested by the complainant in order to
satisfy and cover the costs of the prosecution. A person who has been harmed
or injured as a result of the crime might seek redress in these competent

2 https://blog.ipleaders.in/compensation-victim-crime-india/
courts. Where there has been a conviction in regard to causing death or
abatement, these courts are competent to grant such compensations to the
individual who is entitled to seek damages under the Fatal Accidents Act.
Section 357 also applies to circumstances in which a property has been
damaged. In such cases, courts have the authority to award compensation to
the genuine purchaser of property that has been the victim of theft, criminal
breach of trust, cheating, misappropriation, or acquiring, retaining, or
disposing of stolen property, and which has been ordered to be returned to
the genuine owner. Even if the punishment specified in Section 357,
Subsection does not include the payment of a fine, the court has the authority
to require payment of compensation.

Section 357(A) Victim Compensation Scheme:

The Law Commission noted in the 154th amendment that the previous
proposals had not been examined or implemented by the government. An
extra provision of Section 357A was introduced to achieve the practical
application of the prior provision of Section 357. Previously, there was no
duty to the victim in the absence of 357A, and compensation could only be
obtained after the perpetrator was convicted.
In 2009, the Central and State Governments enacted Section 357A, which
established Victim Compensation Schemes (VCS). The purpose of the system
was to compensate the victim and his or her dependents for the losses and
damage caused by the offender; the State Government is responsible for
generating and maintaining the fund. In circumstances where the Victim
Compensation Scheme can be employed, there is insufficient compensation
paid by the accused or discharged of the accusations, or the perpetrator is not
traceable or identifiable.

Section 358: Compensation to persons groundlessly arrested:

This section provides recompense to anyone who has been the victim of an
arrest for no apparent reason. There must be a direct link between the
complainant and the arrest in order to apply this section. In the absence of
 any acceptable grounds, the arrest must be triggered by a specific piece of
information. It has been mentioned that in such a case, the Magistrate may
award compensation to the sufferer in the amount of Rs 1,000.

Section 359: Order to pay costs in non-cognizable cases:

This section deals with scenarios in which a court receives a complaint for a
non-cognizable offense and the accused is found guilty. The clause states that
in exercising its revision jurisdiction, the Court of Session, an appellate court,
or the High Court might order the payment of costs. In addition to the penalty
imposed, the court has the power to order the accused to pay the complaint
the costs incurred during the prosecution, in whole or in part. In
circumstances when the accused fails to make the payment, the court has the
authority to condemn him to incarceration for a period of not more than 30
days.

Central Victim Compensation Scheme:

In addition to the current Victim Compensation Scheme3, the Ministry of

Home Affairs launched the Central Victim Compensation Scheme (effective
August 2015), which doubled the amount of compensation in cases of rape
and sexual assaults. Women from across the border who are partially or
permanently disabled were also addressed.
For all states, uniform compensation was established, including Rs. 3 lacs for
acid attack and rape victims, Rs. 1 lac for human trafficking victims, and so on.
Compensation had to be enhanced by 50% over the sum indicated in cases
where the victim was under the age of 14. Except for Arunachal Pradesh,
Assam, Chhattisgarh, Himachal Pradesh, Karnataka, Tamil Nadu, and Uttar
Pradesh, all states have altered the programme in accordance with the
centre's directives.

3 https://vikaspedia.in/social-welfare/social-security/central-victim-compensation-fund-scheme-cvcf
 References:
● https://articles.manupatra.com/article-details/Compensation-to-victims-
under-Indian-criminal-justice-system
● https://vikaspedia.in/social-welfare/social-security/central-victim-
compensation-fund-scheme-cvcf
● http://www.legalservicesindia.com/article/1315/Victims-Rights-in-
India.html#:~:text=Victims%20may%20must%20have%20the,or%20the
%20offender's%20family%20and
● https://www.ohchr.org/en/professionalinterest/pages/
victimsofcrimeandabuseofpower.aspx