Compensation Scheme for victims in criminal cases, a victim of Govt apathy


By Vikas Vaidya

If you are a victim in criminal case, do you know that you can get compensation irrespective of whether the accused is tried? No? But, even if you knew about it, you could not get it. For, Maharashtra Government has failed to make available funds to Maharashtra State Legal Services Authority, which has been entrusted with the task of providing compensation to victims following court orders.
Under Section 357(A) of Criminal Procedure Code (CrPC), every State Government has been asked to prepare a scheme in co-ordination with the Central Government for providing funds for the purpose of compensation to victim or his dependents, who have suffered loss or injury as a result of a crime and who require rehabilitation. Whenever a court made a recommendation for payment of compensation to victim, District Legal Service Authority or State Legal Service Authority was supposed to decide the quantum of compensation to be awarded under the scheme. The cases in which victims or their dependents were eligible for compensation included murder, kidnapping, rape, robbery, dacoity etc.
However, Maharashtra has been late in acting upon the said provision of CrPC. Since the amendment to CrPC made in the year 2009, the erstwhile Maharashtra Government chose to remain in slumber for five years. In 2014, it needed a High Court for the State Government to swing into action. The Government issued a notification in April 2014, following High Court directives in a Public Interest Litigation (PIL) filed by Sudhakar Khandpasole, who represents an Amravati-based NGO called Developing Intervention for Social Human Action (DISHA). The Government set up Maharashtra State Legal Services Authority, to deal with cases of compensation to victims in criminal cases or their dependents.
Despite this, sadly, the scheme itself has become a victim of the State Government’s apathy. As per reply to Khandpasole’s query under Right to Information Act (RTI) Act, Maharashtra State Legal Services Authority has not received funds for the scheme since April 1, 2014. The Authority has replied in clear words, “Since April 1, 2014, the Home Department has not provided fund under the scheme.” Further, it states, “Under the scheme, the Government has not made available funds in the current financial year so far.” To Khandpasole’s query about reason for applicants not getting benefits of the scheme, the Authority has informed him that Home Department has not made available the fund.
And, when Khandpasole sought information about district-wise number of applicants under the scheme, Maharashtra State Legal Services Aurhority informed him that there was no information available. Still, the State Authority informed Khandpasole that all District Legal Services Authorities were asked to provide him the information sought by him.
“Judges are supposed to mention the compensation to the victims or their relatives while awarding punishment to the accused, under Section 357 of CrPC. It was not done. So, an amendment was made to CrPC; and Section 357(A) came into being. However, sadly, this has failed to motivate the Government to be sympathetic towards the victims in criminal cases,” said Adv Tejaswini Khade, who is appearing for DISHA. She told ‘The Hitavada’ that she was planning to file a contempt petition on behalf of DISHA. “Also, I am planning to hold workshop for lawyers and other persons concerned to make them aware about the scheme, as there is very little awareness,” she added.

Intricacies of the scheme

At the conclusion of the trial, if the trial Court is satisfied that the compensation awarded under Section 357 of CrPC is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.
The cases in which offender is not traced or identified but victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or District Legal Services Authority for award of compensation.
On receipt of such recommendations or on the application under sub-section (4), the State or District Legal Services Authority shall, after due enquiry, award adequate compensation by completing the enquiry within two months.
To alleviate the suffering of the victim, the State or District Legal Services Authority 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.

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