Question

Under the victim compensation scheme, who is responsible for preparing a scheme to provide funds for compensating victims or their dependents who have suffered loss or injury as a result of a crime and require rehabilitation?

• A. The Central Government alone
• B. The State Government alone
• C. Every State Government in coordination with the Central Government
• D. The High Court in consultation with the State Government

Answer 1

Answer:

C. Every State Government in coordination with the Central Government

Victim Compensation Scheme: Legal Framework

• The provision for victim compensation is mandated under Section 357A of the Code of Criminal Procedure (CrPC), 1973. (Note: Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, this is covered under Section 395).
• The primary responsibility for preparing and implementing the scheme lies with the State Government in coordination with the Central Government.
• Key responsibilities include:
  • Determining the quantum of compensation.
  • Establishing the criteria for eligibility.
  • Creating a fund for the disbursement of compensation to victims or their dependents who have suffered loss or injury as a result of a crime.
  • Ensuring necessary rehabilitation for the victims.
• The District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) plays a crucial role in deciding the quantum of compensation upon recommendation by the court.
• If the trial court finds that the compensation awarded under Section 357 is inadequate, or where cases end in acquittal or discharge and the victim needs rehabilitation, the court can recommend compensation under this scheme.
• This scheme is vital for restorative justice, shifting the focus from merely punishing the offender to repairing the harm caused to the victim.