CHAPTER-4

THE EFFECT OF LEGISLATURES ON VICTIMOLOGY DEVELOPMENT IN THE

RECENT TIME

Every citizen has the right to be protected whether it’s being his rights or his general well-
being and it is the primary duty of the government to protect such rights. Without a doubt, the
victims will be referred to as citizens. But, as was already established, India uses the Anglo-
Saxon adversarial system—a legacy of the British—to administer justice. Unless his guilt is
established, the accused is deemed innocent. The prosecution is accountable for proving the
defendant's guilt beyond a reasonable doubt. Under Article 20(3) an accused person has the
right of self-incrimination as they have the right to remain silent and they cannot be forced to
divulge in any information which will be against him and makes him look bad or to be
indulged in any bad activity. As a result, the criminal justice system in India works to protect
the innocent from false allegations while equally punishing the guilty.

The prosecution and the accused both in the adversarial system present competing
interpretations of the facts, and it is thought that these competing versions will lead to the
truth. The role of a judge is similar to that of an umpire, who decides whether or not the
prosecution has successfully proven its case. As the court is not involved, the investigation
may be botched knowingly or unknowingly in order to protect the accused. While there has
been an upsurge in crime on the one hand, nothing significant has been developed until
recently to ensure that the victims of crime receive justice. Records from the National Crime
Record Bureau show that overall crime, particularly violent crime, has increased. In truth,
those who are most vulnerable to harm the women, children, elderly people, and people from
the weaker and less advantaged segments of society have suffered the most. Only victims can
truly comprehend the suffering that a crime can cause them.

(I) Malimath Committee on Criminal Justice Reforms

Victims had gone unreported by the State for a longer time, and the Indian criminal justice
system had treated them as forgotten men. Rarely did the victims receive the financial
assistance from the State that they otherwise would have been entitled to. Recently, the State
concentrated on enhancing the Criminal Justice System, which remained unaltered. With the
creation of the Malimath Committee, the Union Government did make an effort in this
direction. A committee headed by retired Justice V.S. Malimath was established by the Union
Home Ministry on December 24, 2000. Such a name was given to the Malimath Committee
on Reforms of the Criminal Justice System.

The Committee was created to provide appropriate recommendations for enhancing and
victim-friendly our criminal justice system. The Central Government assigned the Committee
a number including the following: -

1. To assess whether any alterations or amendments are necessary to the basic tenets of
criminal law, particularly the articles of the Constitution relating to criminal law.

2. To ascertain if the Code of Criminal Procedure, the Indian Penal Code, and the Indian
Evidence Act need to be revised in light of the conclusions about the core ideas and elements
of criminal law.

3. In order to safeguard the helpless and the victim while severely punishing the guilty and
the guilty-at-heart, solutions for fostering this form of collaboration between the police, the
prosecution, and the judiciary are offered. The public's trust in the criminal justice system
would be restored as a result.

(a) The Central Government's emphasis on victim protection

The predicament of the average person and victims was given priority when the Malimath
Committee was established to improve the criminal justice system. The next sentences of the
notification forming the committee make clear this new perspective on victim rights. Most
people no longer have faith in the criminal justice system. Victims feel ignored and are
screaming for justice and attention. It is necessary to create a cohesive system in which every
component coordinates with one another to accomplish the main objective.

(b) The victim protection report of the Malimath Committee

The Committee provided 158 suggestions in its second report. It was suggested that the
pursuit of justice should be the true guiding principle in the new preamble that would be
incorporated as a result of modifications to the Cr.PC. It will not be taken out of context to
say that the idea of justice was supposed to be changed from justice for the offender of crime
to a balanced approach between the criminal's right to self-defense and the right of a crime
victim to seek justice. Because one of the goals was the protection of the victims, the
Committee offered a number of recommendations to make justice more accessible to the
victims under clause (6) of the report under the heading "justice to the victims of crime."
Clause (6) of the report says the following:

Justice for the victims is a key goal of the criminal justice system, but he hasn't been
providing them with any real rights, not even the ability to take part in trials. The Committee
believes that the system should concentrate on bringing victims justice. As a result, the
Committee has several suggestions, including the right of the victim to adequate
compensation and participation in cases involving major offences. As a result, the committee
has recommended the following:

(1) If the crime involves a term of at least seven years in prison, the victim, or in the
event that he is deceased, his legal representative, has the right to be involved as a
party to any criminal proceedings.
(2) With the court's approval, an authorised non-profit organisation may also intervene in
court proceedings in certain circumstances that have been identified by the relevant
authorities.
(3) The victim has the right to be represented by the lawyer of his choosing, but only if
the victim can afford to hire one; otherwise, the State must provide the lawyer.
(4) The victim's right to participate in a criminal trial must include, among other things:

a) With the court's approval, submit oral or written evidence, and ask for
directions on how to do so.
b) To question the witnesses or suggest to the Court possible questions to ask the
witnesses.
c) To be informed of the status of the investigation and to ask the Court to order a
supervisory officer to conduct an effective and lawful investigation to assist in
the search for the truth.
d) To hold a hearing to decide whether to grant or revoke bail;
e) To have a hearing each time the prosecution asks to end the case or offers to
do so.
f) To present arguments following the submission of arguments by the
prosecution.
g) Participate in conversations that lead to the adjudication of compoundable
offences.
 h) The victim has the right to appeal any unfavourable decision made by the
court, including ones that absolve the accused, find them guilty of a lesser
crime, inflict an insufficient term, or demand insufficient reparation. This
appeal will be made to the court that ordinarily reviews appeals from decisions
issued by that court regarding convictions.

(5) The State shall compensate the victims of all heinous crimes, whether or not the
offender is apprehended, found guilty, or found not guilty. The Indian Society of
Victimology offered a draught bill to the government in 1995 that provides a
preliminary foundation for discussion. This will be set forth by Parliament in a
different statute.
(6) The victim compensation statute must create a victim compensation fund, which the
legal services authority may oversee. To have the benefit in the court the legislation
ought to specify the range of damages for certain offences. The offence for which the
compensation may be paid as well as the circumstances in which it may be granted or
withdrawn may be specified.

The Malimath Committee on Reforms of Criminal Justice report set a standard for the
expanding role of victims in our criminal justice system. In its report, the Committee made an
attempt to emphasise that a crime against the victim has been committed and cannot be
disregarded any longer. Contrary to popular assumption, the State is not the prosecutor when
an accused person commits a crime; rather, the State is the victim of the offence. There are
also changes which the Committee have also suggested to the trial process to grant the
victims a right of participation in the trial.

(I) Draft National Criminal Justice Policy

The Malimath Committee on Criminal Justice Reforms of the Government of India has
recommended that the Government issue a succinct and thorough policy statement on all key
criminal justice-related issues.

Following the publication of a notification in the official gazette 3 and the establishment of a
Committee in May 2006 in response to these facts, the Ministry of Home Affairs of the
Government of India created a Policy Paper on the topic. N.R. Madhava Menon, a former
director of the National Law University in Bangalore and Kolkata as well as the Director of
the National Judicial Academy in Bhopal, served as the chairman of the committee. Senior
member Shri Mohan Dayal Rijhwani and former Secretary (Internal Security) for the
Government of India, Shri Anil Chowdhury, were members of the committee. The former
National Police Academy Director, Shri Kamal Kumar, was welcomed as a member of the
Committee after retiring. The Convenor was the Ministry of Home Affairs' Joint Secretary
(Judicial).

A preliminary draught paper created to solicit feedback from a cross-section of the public was
uploaded on the Home Ministry's website, and both the public and the media responded
favourably. The resulting Draft Policy was then organised in accordance with the
Committee's mandate and the issues raised by the different stakeholders. Before the Policy
Paper was finalised, the Home Minister sent the Draft to the Parliamentary Consultative
Committee for the Ministry of Home Affairs as well as to significant Departments of the
Central and State Governments to solicit views for prospective amendments.

The Committee sent its report to the Ministry of Home Affairs (Central Government). The
Committee discussed a number of issues pertaining to the criminal justice system, such as its
three branches—police, prosecutors, and courts—new approaches to criminal law, such as
victim orientation in criminal justice, sentencing for criminal offences, the standard of proof,
the appointment of public prosecutors, the role of defence attorneys, training for judges, and
the criminal justice system's treatment of the less fortunate. The following are the topics that
the Committee also discussed:

(i) Focus of the Committee on the victims

The Committee's report placed a special emphasis on crime victims, and one of the central
ideas of the National Draft Policy the Committee suggested dealt with victim neglect. The
Committee's report, which is as follows, makes clear where its concentration lies:

The following could serve as the cornerstones of a national criminal justice policy:

a) In light of the Constitution's framework, what role do the federal and state
governments play in establishing laws and policies and carrying them out
b) The need to defend human rights, as well as the state's obligations under the
Constitution and international human rights agreements;
c) The evolving nature of crime and how it is handled in light of technological
advancements.
d) The criminal justice system's comparatively poor treatment of victims;
 e) The absence of proper data and organised planning for system performance review,
improved coordination, and higher efficiency;
f) The unique requirements of the population's weaker segments while formulating
policies and allocating resources to the system;
g) The need for diversion, settlement, and alternative dispute resolution.
h) Institutional changes to the justice system, police, and prosecution;

(ii) Criminal justice victim orientation

In Paragraph 5.2 of its report, which is as follows, the Committee separately addressed the
issues about crime victims:

5.2 An Emphasis on Victims in criminal justice

5.2.1 The existing criminal justice system has received legitimate criticism for putting the
accused in the spotlight above the victim, for whom the system is claimed to exist and be in
operation. The UN has also drawn attention to this in contrast to crime victims and asked
Member States to change their laws to give victims specific rights, such as the opportunity to
take part in criminal proceedings and seek compensation regardless of the case's outcome.

The Committee on Criminal Justice Reforms argued in 2003 that victim of serious crimes
should have the right to participate in their defence, be represented by counsel, present
independent evidence and cross-examine witnesses with the court's permission, be heard
when it comes to bail, continue the case even if the prosecution requested to withdraw, and
present arguments and decide to appeal a decision that is unfavourable. In some
circumstances, victim protection programmes may also be necessary. The unfortunate victims
of crime and violence should also receive rehabilitation, according to the administration.

5.2.2 It has long been recognised that a national victim compensation programme and
compensation fund are necessary. According to both international and domestic law, the state
has a clear obligation to do so. The State Governments must establish a Victim Compensation
Fund and name the Legal Services Authority as the organisation in charge of managing the
compensation programme under the Criminal Procedure Code (Amendment) Bill, 2006,
which the Parliament is now considering. It will signify a wise decision. But there is still
much more that needs to be done, particularly for victims of rape, intergroup violence,
terrorism, and other heinous crimes. The policy must be maintained and expanded with
assistance from the Union Government. Legislators have shown their care for crime victims
by enacting special laws that give victims special rights and privileges, such as the SC/Stas
(Prevention of Atrocities) Act, Civil Rights Protection Act, Domestic Violence Act, Immoral
Traffic (Prevention) Act, etc. This plan also has to be given a broad and progressive push in
order to restore the equilibrium that the system desperately requires.

5.2.3 Given the escalating crime rate in contemporary society, it is difficult to estimate the
financial costs associated with compensating victims of various sorts of crimes. In order to
provide the first round of compensation for victims of violent crimes, the National Policy
should work towards a phased programme of victim compensation. In the second phase, it
might be extended to cover other items like property crimes. The formulas for determining
the amount of compensation can be adapted from tort law with the required changes. The
compensation amount plus interest may be immediately collected from the offenders and paid
to the State Compensation Fund in unfavourable conditions.

The realised fine amounts may also be used to fund the Compensation Fund. In order to earn
money for the Victim Compensation Fund, it is also conceivable to impose a security cess on
high-security locations and sizable industrial buildings. Given that the services offered by
both programmes are of a similar character, it would be appropriate to shift a portion of the
legal aid budget to the victim compensation fund as well.

(iii) Balancing the rights of the Accused, the Victims, and Society at large

The Indian Criminal Justice System has drawn criticism for allegedly having no
victimisation. In order to balance the rights of the accused, the victims, and society at large,
the Committee advocated adopting a balanced strategy. The rights of crime victims, accused
people's fundamental rights, and public safety must all be balanced once again by the
National Policy on Criminal Justice. Also. Due to the reason of the potential for abuse, the
policy should not give the police enormous authority, but it should also not be reluctant to
give the courts the tools they need to gather the evidence and reach the proper decisions in
the right circumstances.

(Ill) Programme for rape victims' Relief and Rehabilitation

Even if the physical injuries may heal, rape is today viewed as a terrible crime that destroys
the victim's identity and leaves a lasting impression that is challenging for the victim to
overcome. The Supreme Court had also regularly emphasised the necessity to punish sexual
offenders appropriately and to do so harshly when necessary.
Also, in Delhi Domestic Working Women's Forum Vs. Union of India, the Supreme Court
mandated that the National Commission for Women create a "mechanism to wipe out the
tears of unfortunate victims of rape." In 1995, the National Commission for Women provided
the Central Government with a draught plan to implement the aforementioned Supreme Court
order. Hence, in 1995, the National Commission for Women began the process of formulating
the Plan.

When the government's competent body had given, this matter some thought, it issued
comprehensive instructions in 2005 for creating a planning scheme to provide compensation
to rape victims. The creation of district-level committees, the creation of a Criminal Injuries
Compensation Board, and both interim and final compensation for the victim were among the
recommendations made in it. Before submitting it to the Central Government on 5.4.2010, the
National Commission for Women updated the with these suggestions.

Several meetings with NGOs, lawyers, and others were planned to address the draught
Scheme. Following a period of lengthy talks with different parties, the drafting Plan was
eventually reviewed during the "National Consultation on Access to Justice, Relief and
Rehabilitation of Rape Victims," convened by the Ministry of Women and Child
Development on March 7, 2010. This national consultation was attended by members of the
judiciary, including the then-Chief Justice of India, K. G. Balakrishnan, who was a police
officer. A agreement and was reached throughout the consultation around the necessity for a
plan that supports the victim and works to put her back in a position of dignity. A number of
donations were also made, and these were included in the "financial assistance and support
services to victims of rape: programme for a restorative justice" scheme, which is currently
being converted into law and will be implemented as soon as it is notified.

As a result, the programme was developed in three stages: first, the National Commission for
Women provided a draught, then the Commission changed the scheme in response to
suggestions from the Central Government, and finally, the Ministry of Women and Child
Development prepared the final draught. We talk about the following three processes in the
plan-making process:

a) Program for 2005 rape victims' relief and rehabilitation

As mentioned above, the National Commission for Women presented a draught plan to the
Central Government in 1995. The main elements of the suggested plan were as follows:
 i) Criminal Injuries Relief and Rehabilitation Board

According to the system, which was as follows, a board was to be constituted in each area to
evaluate claims:

(a) A board known as the District Criminal Injuries Relief and Rehabilitation Board shall be
established in each District following notification of the plan;

(b) Applications made under the plan in that district must be decided by the board alone;

(c) The board shall be composed of a medical professional, a representative of a Panchayati

Raj Institution or municipality in the District, and four additional members, of whom at least
three shall be appointed by the Collector or the District Magistrate, as the case may be. One
of the members shall have experience in the area of women's empowerment.

ii) Duties, authority, and procedure of the district board -

The powers, duties, procedures, and principles set forth in clauses 7, 8, 11, and 14 of the
Scheme shall be exercised by the Board in relation to the powers, duties, procedures, and
principles relating to compensation:

Clause 7: District Board Functions-

(a) The Board shall consider the claims and award financial relief/ rehabilitation as the case
may be in all cases of rape in accordance with the procedure prescribed under this scheme;

(b) The Board shall coordinate and monitor the activities of the District Monitoring
Committee (DMC), as provided for in the Scheme, and/or with Governmental and non-
Governmental organisations for helping the victim in the form of any legal, medical,
psychological, or other form of another form.

(c) Carry out any scheme for rape victim rehabilitation devised by the State or National
Criminal Injuries Relief and Rehabilitation Board.

Clause 8: District Board Authority –

In all cases of rape, the board shall have the authority to adjudicate claims, grant financial
relief, and order other relief and rehabilitation measures as may be appropriate in the
particular circumstances;
(b) The Collector or the District Magistrate shall act as the Board's President and exercise the
powers granted to him under the Cr.P.C. or any other law by the State Government for to
carry the duties under the Scheme;

Clause 11. The District Board's business transaction process-

(a) A victim, her legal heirs, any advocate for women's rights, a person or organisation, or
DMC may submit an application to the District Board for financial assistance and
rehabilitation by the terms of this Plan.

(b) Where the legal heir is: —

(i) A child, the application may be made on his behalf by a parent or guardian or by any
voluntary organization;

(ii) A person who is mentally ill by the Mental Health Act, in which case the application may
be submitted by the victim's usual household member, a validly appointed medical official, a
non-profit organon-profit or both; or

iii) by a parent or a guardian.

(c) The following documents must be included with the application by the applicant, where
appropriate:

(i) Medical certificate, where the application is being made by or on behalf of the victim; or

(ii) The death certificate of the victim, where the application is being made by a legal heir;

(iii) Copy of FIR/Complaint.

(d) The Board shall provide an interim financial relief of Rs. 20,000/- after receiving the
application and finding that a case of rape has been established prima facie.

(e) As soon as practicable after receiving the application, the Board shall grant the interim
relief;

(f) Before granting the interim relief, the Board shall satisfy itself with the claim and make a
preliminary determination on the nature of the claim.

(g) Before making any decisions, the Board may consult with the District Monitoring
Committee or any individual member of the Committee;
(h) In addition to providing financial relief, the Board may take further actions to address the
victim's particular requirements or for rehabilitation;

(i) The provisions of the scheme shall be in addition to the provisions stipulated for the grant
of remedies under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act
1989 in the case of victims who belong to Schedule Castes or Schedule Tribes. However, the
District Monitoring Committee shall consider the compensation due to the SC/ST victim
under that Act while determining the relief under this plan.

(j) In deciding the application for financial relief, the Board shall be guided by, but not
entirely controlled by, the applicant's testimony during the trial. (j) The Board shall dispose of
the application for relief and rehabilitation within one month following the date on which the
complainant gives her evidence or within one year following the date on which the
application was received, whichever is earlier.

(k) The Board will provide financial and other relief in line with the heads stated in the
programme, to the greatest degree practical;

(L) Pay the victim's compensation in a lump payment up to a maximum of Rs. 2,000,000. The
Board shall consider the interim relief provided when granting the final relief;

(m) The financial relief that the Board awards are in addition to rehabilitation measures that
the Board may suggest/administer in each case;

(n) The Board shall be guided by the specific needs of the victim in determining the amount
of compensation to be granted in each case;

(o) In circumstances where the victim is a minor, the sum shall be paid to her guardian or
nearest friend after satisfying itself of the validity of the person;

(p) The Board shall maintain the best interests of the victim in mind at all times;

Clause 12. Limitation - The application must be submitted to the Board within a year of the
incident; however, the Board may excuse any delays if justification can be provided;

Clause 13. Sittings of the Board –

(i) The Board shall hear the application at such times and in such places as the Board may
determine;
(ii) The Board shall notify the applicant of the time and place of the hearing of the relevant
application.

(iii) Where the Board decides to hear the applicant, it shall be entitled to call and examine
any other person;

(iv) The Board shall reach its decision based on evidence and other information available to it
at the hearing;

(v) The victim and the agent shall have a right to oral hearing;

iii) Establishment of District Monitoring Committee-

Clauses 9 and 10, which were included in the proposed scheme, gave District Monitoring
Committees specific authorities and responsibilities:

Clause 9. District Monitoring Committee-

A Monitoring Committee led by the District's Superintendent of Police must be established

by the State Government in each District. The District Collector/District Magistrate would
nominate the following additional members to the committee:

(i) A police officer, preferably a female officer;

(ii) A female social activist or therapist;
(iii) A lawyer;
(iv) A doctor; and
(v) A representative of the Panchayati Raj Institution or Municipality.

Clause 10: Functions of the District Monitoring Committee:

The District Monitoring Committee shall carry out the following duties:

(a) to arrange for the victim's psychological, medical, and counselling needs;

(b) to arrange for legal assistance for the victim in filing the FIR until the end of the trial;

(c) to take appropriate steps to ensure the victim's and witnesses' protection until the trial's
conclusion;

(d) to monitor and hasten the investigation's progress;

(e) to support and assist in opposing bails.

(f) Ensure that young victims acquire education, professional training, or training for self-
employment;

(g) Assist them in finding employment.

(h) To initiate steps to protect the victims' anonymity;

(i) To give the necessary mental treatment/counselling;

(j) To promote the victims' rehabilitation;

(k) Guarantee that female police officers conduct the victim's interrogations. At least one
DMC member is present at all times when the victim or applicant is being questioned and
examined;

(B) REDRAFTED PLAN FOR 2005 RAPE VICTIMS' RELIEF AND

REHABILITATION

As was already noted, a draught of the plan was created and circulated by the National
Commission for Women in 2005. The Central Government studied the draughts and
requested that the Commission make a number of adjustments to the system. As a result, the
Commission approved the modifications proposed by the Central Government. After multiple
adjustments, the Commission resubmitted the plan to the Central Government. The following
are the main components of the revised plan:

(i) Constitution of the District Board

The District Board for Criminal Injuries Relief and Rehabilitation of the Rape Victims was
established under Clause 6 of the proposed modified system. The scheme's sixth clause is as
follows. Criminal Injuries Relief and Rehabilitation District Board:

a) A board known as the District Board for Criminal Injuries Relief and Rehabilitation
shall be created in each District;

b) The Board shall have exclusive competence to handle applications submitted under the
Scheme in that District; and

(c) The Board shall consist of four other members in addition to the President, who shall
be the Collector or the District Magistrate, as the case may be.

1) Supdt. of Police or his/her nominee;

2) A woman who has experience in the field of empowerment of women and children
nominated by the State Government for a period of 1 year at a time (provided that any
nominated member may be nominated twice;

3) District Health and Family Welfare Officer/District Medical and Health officer or
his/her nominee;

4) Deputy Director/Project Director/ Gazetted District Officer of WCD of the concerned

district, who shall also act as Secretary of the Board, maintain records and act as drawing
and disbursing officer;

5) Representative of Child Welfare Committee in each district or group of districts;

Provided that in cases where the State Governments have a relief and rehabilitation
scheme in force, the constitution of the Board shall be as per those schemes and the
benefits that would be granted to the applicant/victim in the present scheme shall be
administered by those Boards.

(ii) Powers, functions and procedure of District Board –

Powers, functions and procedure to be followed by District Board is provided in clause

6,7,8, 9,14 and 15 of the proposed schemes and the same are as follows

Clause 7. Powers of the District Board –

(a) The Board shall be the authority to consider the claims and award financial relief in all
cases of rape and order such other relief and Rehabilitation measures as deemed fit in the
circumstances of the Case;

(b) The Collector or the District Magistrate as the President of the Board shall exercise
the powers conferred upon him under the Cr.P.C. or any other law by the State/Central
Government, for carrying out its functions under the Scheme.

Clause 8. Functions of the District Board- Upon the Constitution of the Board, it
shall:
(i) Consider the claims and award financial relief/ rehabilitation as the case may be in all
cases of rape in accordance with the procedure prescribed under this scheme;

(ii) Monitor the activities for helping the rape victim in the form of any legal, medical,
psychological or any other form of aid/assistance;

(iii)Make use of any other scheme(s) for the rehabilitation of rape victims framed by the
State or Central Government;

(iv) Arrange for psychological, medical and legal assistance to the victims;

(vi) Provide counselling support to the victims;

(vii) Initiate suitable measures to ensure the protection of the victim and witnesses till the
conclusion of the trial;

(viii) Periodically review the progress of the investigation;

(ix) Provide support to young victims for education, professional training or training for
self-employment;

(x) Provide any other assistance for appropriate rehabilitation of the victims;

(xi) Recommend change of investigating officers in appropriate cases on the request made
by the victim;

(xii) Arrange shelter for the victim, for such period as the Circumstances warrant;

(xiii) Perform any other function as may be deemed expedient and necessary by the Board
or as directed by the State/National Board, given the peculiar facts and circumstances of
each case;

Clause 9. Procedure for making claims before the Board-

(a) As soon as an incident of rape is reported and registered, the SHO of the concerned
police station, through the SP/DCP, shall forward within 72 hours the copy of the
FIR/complaint, medical report and the preliminary investigation report by the IO to the
Secretary of the District Board;

(b) (1) A victim, or her legal heir or any person/voluntary organization espousing the
cause of women/ Commissions may also apply to the District Board for financial relief
and rehabilitation by the provisions of this Scheme within 60 days.
Provided that in cases where the application is made after 60 days, the Board may, after
being satisfied with the reasons for the delay given in writing, condone the delay;

(2) Where the applicant is: —

(i) A child, the application may be made on his/her behalf by a parent, Guardian, by any
voluntary organization/commission;

(ii) A mentally ill person within the meaning of the Mental Health Act or a mentally
retarded person, the Application may be made by the person with whom the applicant
normally resides or a duly authorized medical officer or a voluntary organization;

(c) The application under clause (b) shall be submitted in the prescribed Performa and
shall include a copy of the FIR/complaint, medical report, and death certificate in
appropriate cases or complaint made to the court in cases where police have not registered
the FIR, indicating reasons non-registration of the FIR Newspaper reports if any.

(d) Upon award of relief by the Board, the same shall be immediately remitted into the
Bank Account provided in the application. As far as practicable the amount may be sent
immediately through electronic transfer, to provide immediate relief.

Clause 14. Procedure for the transaction of business of the Board-

i. The Board may hear and /or examine the application/complaint at such times and
in such places as the Board may determine.
ii. Ordinarily, the board may on receipt of documents and evidence and on being
satisfied that a prima facie case is made out, may dispense with a hearing of the
victim and/or her agent/representative and order for interim and other reliefs.
However, in cases where the Board is of the considered view, that examination of
the victim and other parties is necessary and may proceed to hear the case, record
evidences and deliberations and pass a speaking order on admissibility or
otherwise of interim and other reliefs. Provided further that an application shall
not be rejected without giving the applicant an opportunity of being heard and
without assigning reasons in writing.
iii. Not less than one-third of the members shall remain present to complete the
quorum at any sitting;
 iv. The Board shall notify the applicant of the time and place of the hearing of the
application. The Board shall have the power to call for any records/documents and
examine any person for examination before concluding the application;
v. The Board shall reach its decision based on other information available to it at the
hearing;
vi. The victim and/or her agent shall have a right of oral hearing;
vii. The proceedings of the Board shall not be printed, published, telecast or posted in
any public forum;

Clause 15. Principles governing the determination of the relief and rehabilitation to
the victim-

The Board shall while determining the compensation and other reliefs be guided by the
following Parameters:

(i) Where Death results as a consequence of rape:

a. If the victim happened to be a non-earning member of the family, the

Board shall award upto Rs 1, 00,000/- (one lakh) towards relief after the
post-mortem report establishes a prima facie case
b. In case the victim was an earning member of the family, the Board shall
award an amount of Rs 2, 00,000/- (two lakh) to the benefit of minor
children after satisfying itself that the victim was an earning member after
the post-mortem report establishes a prima facie case for the benefit of
minor children.

(ii) the Board shall take into account rehabilitation and other expenses if any - subject to a
maximum of Rs. 50,000/- which may include: -

a. Type and severity of the bodily injury suffered by the victim and
expenditure incurred or likely to be incurred on medical treatment and
psychological counselling to the victim.
b. Expenditure consequential on pregnancy, if resulting from rape including
expenses connected with abortion, if it is resorted to, in consequence to
rape.
 c. Expenses incurred or likely to be incurred in connection with any
education or professional or vocational training or training for self-
employment to the victim.
d. Loss caused to the victim by cessation or interruption of gainful activity or
employment based on an assessment made by the Board;
e. Non-pecuniary loss or damage for pain, suffering mental or emotional
trauma, humiliation or inconvenience.
f. Expenses incurred in connection with the provision of any alternate
accommodation in cases where the victim belongs to any other place other
than the place where the offence took place.

(iii) While determining the financial and other relief, the Board shall have due regard to
the victim being a child or mentally challenged and may consider higher financial relief
and special relief measures to be provided.

(iv) The Board shall as far as possibly make use of the schemes and facilities provided by
the State or Central Government and also the organizations funded fully or partly by the
Government for relief and rehabilitation measures.

(v) Rejection of the claims by the Board –

To ensure that prosecution against the accused succeeds, a provision was been made in
this regard in clause 13 of the proposed scheme which enable led the board to deny the
claim of the victim on account of failure to them or not cooperate with police during the
course of the investigation. The purpose of the proposed scheme was twofold. Firstly, to
compensate the victim and secondly to ensure that the victim properly informs the police
and cooperates with them during the course of the investigation. Clause 13 of the
proposed scheme is as follows:

Rejection of the claims- The Board may reject any application where it is of the
considered opinion that:-

(i) The applicant failed to take, without delay, all reasonable steps to inform the police, or
other body or person considered by the Board to be appropriate for the purpose, of the
circumstances giving rise to the injury; or

(ii) The applicant failed to cooperate with the police or Courts in attempting to bring the
accused/assailant to justice; or
 (iii) The applicant has failed to give all reasonable assistance to the Board in connection
with the application;

(iv) Where the applicant has previously lodged any claim in respect of the same criminal
injury under this scheme for the relief and rehabilitation of the victim of a crime; or

(V) Where the incident is so belated that no evidence would be forthcoming.

(vi) Where the applicant after having filed the complaint deliberately turned hostile in the
trial and has not supported the case of the prosecution;

(C) FINANCIAL SUPPORT AND ASSISTANCE SERVICES FOR RAPE VICTIMS: A

PLAN FOR RESTORATIVE JUSTICE

The Central Government developed a plan in 2011 titled "financial aid and support services
to victims of rape: programme for restorative justice" after taking into account the National
Commission for Women's amended plan. The National Commission for Women's planned
system was modified in certain ways by the Central Government when it was framed, such as
the way the assistance amount would be paid. One of the significant provisions made is that
the affected individual may still seek compensation under sections 357 and 357-A of the 1973
Civil Rights Act even if the board rejects their case. The following are the primary
characteristics of the plan:

i) Assistance under the Scheme

According to clause 8 of the Plan, impacted women are qualified for financial assistance and
restorative support/services totalling a maximum of Rs 2 lakhs. Assistance under the Plan will
be available in certain cases if the FIR is lodged on or after the date the Scheme goes into
force.

ii) District Criminal Injuries Relief and Rehabilitation Board

Clause 5(A) of the scheme provides for the constitution of a District Criminal Injuries Relief
and Rehabilitation Board in every district with the exclusive jurisdiction to deal with
applications for assistance received under the scheme in that district, as one of the authorities
at the grass root level responsible for its implementation. The composition of the board shall
be as follows:
1) The District Magistrate, Deputy Commissioner, and District Collector shall be the
Chairperson of the Board.

2) The Board shall comprise five other members as under:

i. The Superintendent of Police;

ii. The Civil Surgeon/District Medical/Health Officer or by whatever name he/she is
called;
iii. A representative of the District Legal Services Authority, who should preferably be a
woman;
iv. An eminent woman expert with experience working on issues relating to women and
children in the district, to be nominated by the Chairperson of the Board;
v. The District Women 8s Child Development/Social Welfare Officer, who shall be the
Member Secretary of the Board. The Board shall co-opt a representative of the Child
Welfare Committee appointed for the district or a group of districts, as the case may
be, where the person affected is a minor. The term of the nominated member shall be
for a period of three years with the provision of an extension for one more term.

(ii) Powers and functions of the District Board

The District Board has been vested with wide powers and functions provided under clauses 5
(i) and (ii) of the scheme, which are as below

1) The Board shall decide the claims made under the Scheme and provide financial assistance
as well as order such other support services as may be essential for recovery from physical
harm, emotional trauma and protection of the affected person;

2) The Board shall have the powers of summoning and recording evidence for carrying out its
functions;

3) Consider the claims and provide financial assistance and support services, as the case may
be, in accordance with the procedure prescribed under this scheme;

4) Arrange for psychological, medical and legal assistance to the affected woman;

5) Arrange for counselling support to the affected woman, including counselling of the
spouse in case the affected woman is married;

6) Arrange shelter for the affected woman for such period as may be required;
7) Arrange for education or vocational/ professional training, as the case may be, for the
affected woman under the ongoing schemes/programmes should she require such support for
rehabilitation;

8) Review the progress of the investigation periodically;

9) Recommend change of investigating officers in cases where a request is made by the

affected woman;

10) Issue directions to the appropriate authorities to protect the affected woman, wherever
deemed necessary;

11) Ensure, as far as possible, that the identity of the affected woman is protected from public
disclosure during the course of referral to and accessing support services, education and
vocational/professional training, as the case may be;

12) Review and monitor the progress made on its decisions;

13) Perform such other function as may be considered necessary by the Board or as directed
by the State/National Board.

iv) Procedure to be Followed by the District Board:

As per clause 7 of the scheme, since the objective of the Scheme is to meet the needs of
restorative justice, the procedures to be followed in providing financial assistance and support
services shall have to be simple, speedy and efficacious. This shall be the guiding principle
for the District Board at all times when considering applications under the Scheme.

Clause 7 enumerates the following procedure –

1) Ordinarily, on receipt of an application under para 6, and on being satisfied that a prima
facie case is made out, the Board shall pass an order for interim financial assistance and other
support services. However, in cases where the Board is of the considered view that
examination of the applicant/affected woman and other parties is necessary, it may proceed to
hear the case, record the evidence and pass a speaking order on admissibility or otherwise of
the application, for grant of interim financial assistance and other support services.

2) No application shall be rejected without giving the applicant/affected woman an

opportunity of being heard and without assigning the reason(s) in writing.
3) The applicant shall be notified in advance of the time and place of hearings before the
Board;

4) The Board shall have the power to call for any records/documents and examine any person
before concluding the application;

5) The Board shall reach its decision based on evidence made available to it;

6) The proceedings of the Board shall be in camera and the anonymity of the affected woman
shall be maintained at all times and under all circumstances;

7) Not less than half of the members shall remain present to complete the quorum at any
sitting.

8) The proceedings of the Board shall not be printed, published, telecast or posted in any
public forum.

v) Assistance under the Scheme-

Clause 8 of the scheme provides for interim and final assistance these are as follows-

(i) Interim Assistance

The District Board shall order interim financial assistance of Rs.20,000/- to the affected
woman, as far as is reasonably possible within fifteen (15) days, and in any case, not later
than three (3) weeks from the date of receipt of the application, after satisfying the procedure
outlined in clause 7 above that a prima facie case is made out. The Board shall issue
appropriate instructions for providing required support services as described in clause 5(A)
(iii) of the Scheme to the affected lady after assessing her requirements and taking into
account the physical injury and emotional trauma she has experienced. By doing this, the
resources offered by current Central or State Government programmes may be used as much
as possible. For the provision of such support services, the Board may spend a maximum of
Rs. 50,000.

(ii) Final Assistance

a) The Board shall direct disbursement of the remaining amount of Rs. 1.30 lakhs as the final
instalment within a period of one month from the date on which the affected woman gives her
testimony in the criminal trial, or within one year from the date of receipt of the application in
cases where the recording of evidence has been unduly delayed for reasons outside of her
control, whichever is earlier.

(b) The Board must document the reasons in writing if the final aid is granted before the
affected woman's testimony is recorded in the criminal prosecution;

(c) Except in instances outlined in Article 11 where the relief has been expanded, the Board's
financial aid and other support services may not together exceed Rs. 2 lakhs, with a cap of
Rs. 3 lakhs.

iii) Assistance in case of Death of Affected Woman

When a woman dies as a result of rape, the Board, after concluding that the claim is made in
good faith, shall order assistance in the amount of:

i) Rs. 1 lakh if the affected woman was a non-earning member of the family;

ii) Rs. 2 lakhs if the affected woman was an earning member of the family, for the benefit of
her legal heirs, including her minor children.

iv) Functions of the State Board-

The State Board shall undertake the following functions:

1) Coordinate and monitor the functioning of the District Boards in the State;

2) Inquire suo moto, or on a petition filed by an affected woman or any person on her behalf,
into any complaint alleging rape, and refer the matter to the District Board.

3) Inquire into complaints regarding any issue connected with the scheme or its
implementation;

4) Entertain appeals against the decision of the District Board about:

i. Rejection of an application filed under the Scheme;

ii. Delay in granting interim or final assistance;
iii. Adequacy or otherwise of quantum of assistance provided in the form of support
services;
iv. Any other issue about the application filed by the affected woman, as may be deemed
fit for consideration, by the State Board
5) Enhance the compensation amount up to 1 lakh, subject to a maximum limit of Rs 31akhs
of total assistance, in special cases as outlined in Para 11 of the Scheme, on receiving a
reference from the District Board;

6) Disburse to the District Boards, the funds transferred by the Ministry of Women &Child
Development as grant-in-aid to the State Government as well as any other amount
supplemented by the State.

v) National Criminal Injuries Relief and Rehabilitation Board

The National Criminal Injuries Relief and Rehabilitation Board (hereinafter the ‘National
Board’) shall be constituted with the overall responsibility of administering the Scheme. Its
composition shall be as follows:

1) The Secretary/Additional Secretary Ministry of Women 8s Child Development shall be the

Chairperson of the Board;

2) The Director-General of Central Government Health Services or his/her representative;

3) An officer not below the rank of Joint Secretary to the Government of India in the
Department of Legal Affairs;

4) A representative of the National Legal Services Authority, who should preferably be a

woman;

5) A representative of the National Commission for Women;

6) Two eminent women with experience working on issues relating to women and children to
be nominated by the Chairperson of the Board; and

7) Joint Secretary (Women Welfare) in the Ministry of Women and Child Development, who
shall be the Member Secretary of the National Board. The term of the nominated members of
the National Board shall be for a period of three years with a provision of extension for one
more term.

vi) Functions of the National Board-

The National Board shall administer the Scheme and to that effect:

1) Co-ordinate and monitor the functioning of the State Boards constituted under the Scheme;
2) Inquire suo moto or on a petition filed by an affected woman or anyone on her behalf, into
any complaint alleging rape and refer the matter to the appropriate District or State Board;

3) Inquire into complaints regarding any issue connected with the scheme or its
implementation;

4) Recommend to the Ministry of Women & Child Development to issue appropriate

advisories/ guidelines to State Governments/UTs/any other agency, on any matter connected
with the Scheme or its implementation;

5) Review, from time to time, and advise the Central Government on the quantum payable
and other support services being provided under the Scheme;

6) Estimate the requirement of funds/budget for administering the Scheme.

7) Review the issue of reparation to the affected women, and recommend further measures
necessary for restoring their self-esteem and dignity;

8) The District Board may call for the relevant documents from the appropriate authorities
where the documents in the case(s) have not been received from the police as required under
clause (iv) or in case the woman is not able to produce any or all of such documents at the
time of applying as required under clause (vii), or for any other reason beyond her control.

(IV) CHANGES IN VICTIM COMPENSATION TENDANCES -

Victim compensation is a novel strategy that, if properly applied, can preserve the mutual respect
between the victim and the accused. The victim's ego is stroked, and he also feels safe and confident
that he is not being neglected but is instead receiving care much like other members of society do.
The punishment meted out to the perpetrator conveys a message that justice has been done
since justice should not only be done but also appear to have been done. But this is just one
component of the legal system. The victim must also be fairly compensated. Either the State,
the perpetrator, or both of them may be responsible for it.

Despite the aforementioned problems, there have been recent developments, such as the 2008
Amendment Act, which was passed by the Parliament and deals with victim compensation,
which amends the Criminal Procedure Act of 1973. Furthermore, the Supreme Court in
particular has emphasised the necessity of adequately compensating the victims and has also
awarded compensation and, in certain cases, enhanced it by taking into account the nature of
the offence, how it was done, and the impact it had on the victim.. The emerging trends in
providing compensation to crime victims will therefore be examined in this section of the
study project.

A) History of victim compensation: -

The most recent and rapidly expanding victimology trend in the Indian Criminal Court
System is first and foremost the Criminal Procedure Code (Amendment Act) 2008's
introduction of section 357-A Cr. P.C, which governs the payment of compensation to
victims. Before discussing these modifications made by the Parliament in the Cr.P.C. 1973, it
is crucial to consider the legislative history of victim compensation in light of
recommendations from the Law Commission of India.

(i) The 42nd Report of the Law Commission and Victim Compensation

The fifth Law Commission of India addressed the topic of victim compensation in its 42nd
report, which was published in 1971. In its report's Paragraph 3.12, the Law Commission
made the following observation regarding the importance of providing the victims with
compensation: 3.12 Reparations for crime victims have drawn more attention in recent years.
Before, this was due to the realisation that, even though it may have achieved its initial goal,
just penalising the criminal did not totally fulfil the law's objective. Crime, Punishment, and
Compensation for Victims (1959) It has already been observed 227 times.

The aggrieved party frequently receives insufficient care from civil courts, and he frequently
gets the short end of the stick under criminal law. After giving his testimony, he takes a step
back and watches as the angered grandeur of public justice is placated by the verdict and
sentence. He is fortunate if he receives payment or even only covers his expenses. Even if he
may occasionally have suffered a loss or harm for which he is not entitled to compensation,
he must frequently turn to civil courts to restore his property.

The concept of restitution for the victim of injustice held a significant position in most legal
systems at one point in the history of criminal jurisprudence. The criminal or punitive part of
the wrong slowly gained acceptance, and for a while, the two were integrated into the same
legal processes. Subsequently, the civil or compensation component lost importance and the
criminal courts focused almost exclusively on the punishment component. Yet, in recent
years, the compensation aspect has begun to acquire relevance, albeit as an acknowledged
accessory to criminal proceedings rather than as their primary goal.
In paragraphs 3.13 and 3.14 of its findings, the Law Commission identified three types of
victim compensation. The text of paragraphs 3.13 and 3.14 is copied here. -

3.13. Three types of compensation for crime victims can be identified. In specific categories
of instances, the State may assume this duty. Second, the victim may be given compensation
out of the fine that the offender is ordered to pay as punishment for the offence. Thirdly, the
court that is prosecuting the offender may order him to make amends by mending the harm
that the offence caused in addition to penalising him as required by law.

3.14 The questionnaire asked if the direct way of making amends for the crime should be
implemented and outlined in the Criminal Code. Some people who were consulted had
objections to this idea, mostly out of concern that it may turn the criminal trial into a drawn-
out civil case investigation. Yet, there was a sizable majority of support for the initiative.

(ii) Law Commissions' advice to the State is as follows:

The law commission was quite concerned about the state's duty to compensate the victim
because it was a welfare state. In paragraph 3.20 of its report, the Commission made the
following observations about the State's duty to the victims:

3.20 The system whereby the State assumes this obligation in specific categories of crimes is
one of the patterns of victim compensation that can be observed in other legal systems, as we
have already discussed. By the conventional legal theory, the criminal court's decision in a
case is focused on the punishment to be meted out to the offender. The victims of a crime had
no legal right to get compensation from the criminal court until a few extremely rare cases
where the law allowed it. With the prosecution, the State's duty to protect the lives and
property of its citizens from illegal extortion came to an end, and it was no longer to be seen
as being under any legal obligation to do so. As a result, the State would not be subject to a
legal claim for damages.

It was further observed that:

As the social welfare State takes shape, these traditional beliefs about the immunity of the
State are quickly shifting. The idea that the victim of a crime deserves the same level of
attention from the State as the perpetrator and that the State can legally be asked to
compensate the victim if it fails to protect its citizens from violence is gaining popularity in
Western countries.
For instance, things changed in England in 1964 when the criminal injury compensation
board was established and a non-statutory plan ex-gratia compensation payment by the State
for compensating victims of violence went into operation.

Nevertheless, a member of the Commission named Shri R.L. Narasimha offered a separate
remark in which he suggested adding Sections 70-A, 70-B, and other Sections to the IPC. The
following is this note:

70 A. (1) In case of conviction for an offence against the human body, an offence against
property, defamation or an offence against privacy, the Court may direct that the person
convicted shall pay compensation, to the person mentioned in subsection (4).

(2) Such compensation need not necessarily be monetary and it may be a sufficient
recompense to the injured party. But while passing the order for compensation, the Court
shall estimate its monetary value for the execution of the order.

(3) A Court shall not, under this section direct payment of compensation whose monetary
value exceeds the amount of fine which it is empowered to impose.

(4) An order under subsection (1) may be made a) In addition to any other punishment to
which the person convicted May have been sentenced; b) In substitution of fine, where the
offence, not being a capital offence, is one punishable with a fine.

(5) The compensation under this section may be directed to be paid;

a. To any person who has incurred expenses in persecution, for defraying

expense properly incurred;
b. To any person for any loss or injury caused by the offence, when
compensation is, in the opinion of the Court, recoverable by such person in a
Civil Court;
c. In the case of a conviction of any offence for having caused the death of
another person or of having abetted the commission of such an offence, the
persons who are under the fatal accidents Act, 855, are entitled to recover
damages from the person sentenced for the loss resulting to them form such
death; or
d. In the case of a conviction for any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having
dishonestly received or retained, or of having voluntarily assisted in disposing
 of, stolen property knowing or having re-purchaser of such property, for the
loss of the same, if such property is restored to the possession of the person
entitled thereto.

(6) At the time of awarding compensation in any subsequent civil suit relating to the same
matter, the Court shall take into account any sum paid or recovered as compensation under
this section.

Section 70B.

(1) In every case in which the offender is sentenced to payment of compensation under
section 70A, it shall be competent to the Court which sentences such offender, to direct by the
sentence, that in default of the payment of compensation, the offender shall suffer
imprisonment for a certain term, which imprisonment shall be more than any other
imprisonment to which he may have been sentenced or to which he may be liable under a
commutation of a sentence. (2) The provision of sections 65 to 70 (of the Indian penal Code)
shall, after substitution of references to compensation or its monetary equivalent in the place
of references to fine, apply for imprisonment in default of payment of compensation, as they
apply about imprisonment in default of payment of a fine.

Raja in his book Victimology in India stressed the duty of the State to compensate the victims
as he gave the following rationale for victim compensation by the State.

1) The State theory offers the strongest justification for victim compensation. The State is a
complex of rulers and ruled who are politically and territorially organised to achieve the
effective maximum of the ruled's social welfare and individual interests. The State
accomplishes its goals through the enactment and enforcement of laws, and it upholds legal
compliance through the use of force. Power is the ability to bring about the desired outcome.
The State is liable for any loss, suffering, or harm brought on by someone breaking the law to
any law-abiding individual if the intended result of the legislation cannot be delivered.

2) When the State assumes power, the citizen's right to private vengeance or personal
retaliation is inevitably taken away. Such a lack is a must for a civilised existence in modern
culture. We would be going back to the law of the jungle if that happened. The protection of
the State is received by the citizen in exchange for that deprivation. When the State violates
its promise to safeguard the person, it has breached the contract and should be held
accountable for the harm done to the victim of the crime. In principle, a citizen has the right
to make a claim against the State for failing to protect him, according to this justification,
which will support the most lenient type of compensation programme.

3) The "shared risk" reason is another one put forth in support of victim compensation. In a
way, the government could be seen as an employer or an entrepreneur who charges the
consumer for the risk associated with the service they receive. Each customer so contributes
to the money given to these people, who will be paid for their damages. Taxes paid by
residents are viewed as premium payments for insurance against the risk of becoming a
victim of crime, a risk shared by all citizens, and as compensation provided to any
unfortunate victim who has been hurt or killed under the insurance programme.

4) The welfare hypothesis, which is predicated on the notion that the government exists and
serves the people, provides another functional rationale for victim compensation. According
to this perspective, the State has a responsibility to crime victims in the same way as it has a
humanitarian duty to the poor, the ill, the unemployed, the underprivileged, and so forth.
However, this obligation is founded not just on the State's legal requirement but also on the
social consciousness of its leaders and citizens.

5) The "mercy of the government" theory is associated with the welfare hypothesis. This
justification asserts that the State has the authority to treat some people leniently. As a result,
it may be able to compensate people who were unfortunate enough to become victims of
crime through legislative grace. This is likely referred to as an ex-gratia payment, which the
government makes to people who have been harmed by crimes, accidents, or other natural
disasters.

(iii) Victim Compensation and the 152nd Report of the Law Commission -

The Law Commission of India proposed adding a new section 357-A to the Code of Criminal
Procedure 1973 on compensation to victims of custodial offences in chapter 12 titled
"Compensation." The precise language of this clause was as follows:

357 -A Compensation in custodial crimes-

(l) Notwithstanding the provision of section 357, where the Court convicts a public servant of
an offence resulting in death or bodily injury, being an offence constituted by an act of such
public servant against a person in his custody. The provisions of this section shall apply;
(2) The Court, when passing judgment in any case to which this section applies, shall order
that the government in connection with the affairs of which such public servant was
employed at the time when such act was committed, shall be liable jointly and severally with
a such public servant to pay by way of compensation such amount as may be specified in the
order;

(3) Upon exercising its revisionary powers, the High Court, Court of Session, or an Appellate
Court may additionally order the payment of compensation under this clause;

(4) The civil court shall consider any amount paid or collected as compensation under this
section when determining damages in any later suit involving the same matter;

(5) The amount awarded under this section shall not be less than

(a) Rupees twenty-five thousand in case of bodily injury, not resulting in death;

(b) Rupees one lakh, in case of death;

(c) In fixing the amount of compensation under this section, the Court shall, subject to the
revisions of sub-section (5), take into account all relevant circumstances, including but not
necessarily limited to the following:

i. The type and severity of the injury suffered by the victim,

ii. The mental anguish suffered by the victim;
iii. The expenditure incurred or likely to be incurred on the treatment and
rehabilitation of the victim;
iv. The actual and projected earning capacity of the victim and the impact
of its loss on the person entitled to compensation and other members of
the family;
v. The expenses incurred in the prosecution of the case;

(6) In case of death or permanent disablement of the victim, the Court may take into account
the estimated annual income of the victim as multiplied by the number of years of his
estimated span of life;

(7) Pending final determination of the proceeding, the Court may award by way of interim
relief, such compensation as it may think proper in the circumstances of the case at any stage
of the case, even before the judgment of conviction is passed;
(8) The Government may recover any amount paid by it as compensation under this section,
wholly or partly as it may think proper from the delinquent public servant.

Though Law Commission’s recommendations were confined to custodial crimes, these

recommendations laid the foundation for compensating the victims and the need to have a
separate provision for this purpose.

(iv) The 154th Law Commission Report and victim compensation

Perhaps the first report by a law commission in which the word "Victimology" was used was
Law Commissions’ 154 report from 1996. The Commission defined the term "Victimology"
as follows in the first paragraph of chapter V of its report:

the focus of criminologists is growing. Criminal justice reformers and criminologists have
focused on victimology, victimisation prevention, and victim protection. Criminal behaviour
frequently involves actual harm to people, not just symbolic harm to the social order. As a
result, in the overall response to crime, the needs and rights of crime victims should come
first. Compensation for crime victims is a well-known strategy for protecting victims. Victims
and their family’s needs are numerous and diverse.

Section 357-A Cr. P.C. was suggested to be introduced in the law commission's report at para.
17 after it was noted that its earlier suggestions in its 152nd report had not been carried out.
The suggested part was written as follows:

S. 357A. victim compensation scheme. -

(1) Every State Government in coordination with the Central Government, shall prepare a
scheme for providing funds to compensate the victim or his dependents who have suffered
loss or injury as a result of the crime and who require rehabilitation.

(2) Under the scheme, the District legal services Authority at the District level and State
Legal Services Authority at the State level shall decide the quantum of compensation to be
awarded whenever a recommendation is made by the trial court to that effect.

(3) If the trial Court after the trial, is satisfied that the compensation awarded under section
357 (3) is not adequate for such rehabilitation or where the case ends in acquittal or discharge
and the victim has to be rehabilitated, it may recommend to the District Legal Services
Authority, if the compensation in its view is less than Rs. 3,0000/-or to the State Legal
Services Authority if the compensation is more than Rs. 3,0000/-.
(4) Where the offender is not traced or identified, but the victim is identified and where no
trial takes place, it is open to the victim or his dependents to make an application under sub-
section (2) to the District Legal Services Authority at the district level and the State Legal
Services Authority, at the State level for the award of compensation.

(5) On receipt of such recommendation or the application under subsection (4) as the case
may be the District level Legal Services Authority or the State Legal Services Authority as
the case may be, shall after due inquiry award adequate compensation by completing the
enquiry within two months.

(6) District level Services Authority or the State Legal Services Authority as the case may be,
to alleviate the suffering of the victim, may order immediate first aid facility for medical
benefits to be made available free of cost on the certificate of the police officer not below the
rank of the officer -in charge of the police station or a Magistrate of the area concerned or any
other interim relief as the appropriate Authority deems fit.

The recommendation of the Law Commission in its 154th Report made a new beginning for
compensating the victims by the legal services authority, even if the accused is acquitted,
discharged or even when not traced but the victim is identified. Besides this, the
recommendation for payment of the term compensation was new.

V) Victimology and the Code of Criminal Process (Amendment) Act of 2008.

Victim compensation

The Code of Criminal Procedure (Amendment) Act, 2008, which took effect on December
30, 2009, paved the path for victimology to play a larger role in the Indian Criminal Justice
System, even though it took the Central Government more than 22 years to accomplish such
changes. Through the Criminal Process (Amendment) Act of 2008, section 357-A was added,
incorporating the Law Commission's recommendation for victim compensation. In addition,
section 372 was changed, and a clause was included allowing victims to appeal an accused
person's acquittal. These changes can be examined as follows:

(1) Adoption of Section 357-A CrP.C. in 1973-

The Law Commission's earlier suggestions from its 154th report from 1996 about Cr.P.C.
1973 were approved as Section 357-A with a few modifications. The following is stated in
the recently added section 357-A of the CrP.C. 1973:
Victim compensation programme 357-A

(1) Every State government in coordination with the Central Government shall prepare a
scheme for providing funds for compensation to the victims or their dependents, who have
suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the court for compensation as the case may be,
the District or the State by services Authority of the case may be shall decide the quantum of
compensation to be awarded under the scheme referred to subsection (l).

(3) If the trial Court after the trial is satisfied that the compensation awarded under Section
357 is not adequate for such rehabilitation or where the case ends in acquittal or discharge
and the victim has to be rehabilitated, it may make a recommendation for compensation.

(4) Where the offender is not traced or identified but the victim is identified and where no
trial takes place, the victim of his dependents may make an application to the State or the
District Legal Services Authority for the award by compensation.

(5) On receipt of such recommendation or application under sub-section (4), the State or the
District Legal Services Authority, shall after due enquiry award adequate compensation by
completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the
suffering of the victim may order for immediate first aid facility or medical benefits to be
made available free of cost on the certificate of the police officer not below the rank of the
officer in charge of the police station or a Magistrate of the area concerned or any other
interim relief as the appropriate authority deems fit.

II Section 357-A's legislative authority:

The recently established Section 357-A Cr.P.C. will serve as a benchmark for the newly
emerging function of victimology in the Indian Criminal Justice System.. Below is an
analysis of some of the section 357-A Cr.PC distinguishing 's characteristics:

I. This section outlines the creation of plans for compensating victims who need to
be rehabilitated. The word "must" was purposefully chosen by the legislation to
imply that it is required of the State governments to create such a plan. The
compensation plan that has been created would not only cover the victims but also
their dependents. In addition, money for the project must come from the State
 government. According to section 357 (3) of the Criminal Procedure Code, the
accused is the only one who must compensate the victim or his dependents. The
State Government, however, shall be liable for providing cash under the new
clause.
II. The amount of compensation must be determined by the District Level Services
Authority and the State Law Services Authorities and must be approved by the
court's recommendation.
III. The compensation to be granted under Section 357-A Cr.P.C. is in addition to the
compensation that the court has ordered to be paid under Section 357 if the court
trying the accused deems that the compensation supplied under Section 357(3)
Cr.P.C. is insufficient. In other words, the State Government will be in charge of
making the offer if the defendant is unable to afford to do so, and the amount of
the offer will be decided by the District Legal Services Authority or the State
Legal Services Authority depending on the situation.
IV. The victim or his dependents may now request compensation from the State
Government even if the accused cannot be found or is unidentified under the new
provision. This clause was added so that the victim or his dependents might
receive compensation and rehabilitation regardless of whether the perpetrator was
found or not.
V. In order to ensure fast payment of compensation to the victim and his dependents,
an investigation must be started and ended within six months.
VI. Following section 357 Cr. P.C., a victim may only receive compensation from the
trial Court following the conclusion of the case, even if the accused is found
guilty. No temporary instructions for the payment of any compensation were
possible. Nonetheless, under Section 357-A(6) of the Criminal Procedure Code,
the victim or his dependents may receive interim compensation in addition to
receiving first aid or access to medical services.

VII) Victim’s right to appeal against acquittal

By revised section 372, the C.R.P.C. (Amendment) Act of 2008 additionally granted victims
the ability to challenge an accused person's acquittal. The text of the revised section 372 is as
follows:
372. No appeal to lie unless otherwise provided- No appeal shall lie from any judgment or
order of a criminal court except as provided for by this code or by any other law for the time
being in force.

Provided that the victim shall have a right to prefer an appeal against any order passed by the
Court acquitting the accused or convicting the accused for a lesser offence or imposing
inadequate compensation and such appeal shall lie to the Court to which an appeal ordinarily
lies against the order of conviction of such Court.

The amended section 372 Cr. P.C 1973, as such provides the victims with the right to file an
appeal against the accused in case of acquittal and will go a long way in helping the victims
to seek justice against the accused. Though earlier also the State had a right to file an appeal
against the acquittal of the accused, the fact remains that the State files an appeal against
acquittals in very selected cases due to procedural formalities to be followed before filing an
appeal.

Besides this, there are several administrative procedures to be followed before an appeal is
filed by the State against an acquittal of the accused. As a result, the victims used to feel that
justice has not been done to them in the case as they could not file an appeal and only depend
upon the filing of an appeal by the State against the acquittal of the accused.

Therefore, the new provision will certainly help the accused to approach the appellate Court
in case the State does not file the appeal against the acquittal of the accused and will not be
remedied less in such a situation.

The key features of the amended section 372 Cr. P.C can be summarized as follows-

1 The term "victim" as used in section 2(wa) of the Criminal Procedure Code of 1973 has
been used specifically by the legislature to mean a person who has been accused of a crime
and who is not an informant.

2 The victim has the right to appeal not only the accused's conviction but also the accused's
lack of proper restitution and the severity of the punishment that was given to him or her. As
a result, the victim may appeal for more compensation if they feel that they have not received
appropriate compensation even though the accused has been found guilty.

3 The victim is not required to get any prior approval or sanctions from any authority or its
representative before filing an appeal.
4 As far as the re-appreciation of the evidence is concerned, the Legislature has likewise
established no distinction between an appeal filed by the victim and the State against the
acquittal of the accused. Before the aforementioned modification, the victim's revision
petition could not include new evidence. Nonetheless, the victim's appeal and the accused's
appeal are now viewed equally in terms of the reappraisal of the evidence.