Chapter XXVII
Section 357A CrPC: Victim compensation scheme
New Law Update (2024)
Section 396 BNSS
TRIAL COURT
Trial Court (for recommendation), District/State Legal Services Authority (for decision and award)
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his 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, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 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.
(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the 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 incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
Important Sub-Sections Explained
Section 357A(1)
This sub-section mandates every State Government, in coordination with the Central Government, to formulate a scheme to provide funds for compensating victims or their dependents who suffer loss or injury from a crime and require rehabilitation. It lays the foundation for the entire victim compensation framework in India.
Section 357A(4)
This crucial sub-section enables victims or their dependents to directly apply to the State or District Legal Services Authority for compensation, even if the offender is untraced or unidentified, or where no trial takes place. It ensures that victims are not deprived of compensation merely due to procedural complexities or the absence of a conviction.
Landmark Judgements
Nipun Saxena v. Union of India, (2013) 8 SCC 607:
This landmark judgment by the Supreme Court underscored the constitutional right of victims to compensation, especially for victims of sexual assault. The Court issued crucial directions for the effective implementation of Section 357A, urging states to establish and operationalize victim compensation schemes to ensure speedy and adequate relief.
Suresh v. State of Haryana, (2018) 12 SCC 474:
The Supreme Court in this case reiterated the mandatory nature of Section 357A and highlighted the proactive role to be played by the Legal Services Authorities in deciding and awarding compensation. It emphasized that compensation under this section is distinct from and supplementary to any other compensation, and stressed timely disposal of applications.
Manoharan v. State by Inspector of Police, (2017) 12 SCC 377:
This judgment by the Supreme Court clarified the factors to be considered while determining the quantum of compensation under Section 357A, linking it to the extent of loss, injury, and the need for rehabilitation. It also affirmed that the scheme applies broadly to all victims of crime, not just those where the offender is convicted.
Draft Format / Application
To,
The Secretary,
[District Legal Services Authority / State Legal Services Authority],
[Address of DLSA/SLSA],
[City, State, Pin Code].
Subject: Application for Victim Compensation under Section 357A(4) of the Code of Criminal Procedure, 1973.
Respected Sir/Madam,
I, [Applicant’s Name], son/daughter/wife of [Father’s/Husband’s Name], aged about [Age] years, residing at [Applicant’s Full Address], most respectfully submit as follows:
1. That I am the victim/dependent of the victim [Victim’s Name] who suffered [briefly describe the loss/injury/nature of crime, e.g., grievous injuries, death of primary earner, sexual assault] as a result of a crime that occurred on or about [Date of Incident] at [Place of Incident].
2. That in connection with the said crime, [FIR No. and Police Station, if applicable, OR state that no FIR was registered/offender untraced].
3. That in this case, the offender has not been traced/identified (or) no trial has taken place (or) the case ended in acquittal/discharge (or) compensation awarded under Section 357 CrPC is inadequate for rehabilitation (choose applicable reason).
4. That due to the aforesaid crime, I/the victim have/has suffered severe financial hardship, physical injury, mental trauma, and require rehabilitation/medical treatment/livelihood support (specify needs).
5. That I am filing this application under Section 357A(4) of the Code of Criminal Procedure, 1973, seeking adequate compensation for the loss and injury suffered and for my/the victim’s rehabilitation.
6. That I undertake to provide all necessary documents and co-operate with any enquiry conducted by this Hon’ble Authority.
In light of the above, it is most humbly prayed that this Hon’ble Authority may be pleased to:
a) Award adequate compensation to me/the victim as per the Victim Compensation Scheme framed under Section 357A(1) of the CrPC, 1973.
b) Direct immediate interim relief, including medical benefits, as deemed fit, under Section 357A(6) of the CrPC, 1973.
c) Pass any other order(s) as this Hon’ble Authority may deem fit and proper in the interests of justice.
Thanking you,
Yours faithfully,
[Applicant’s Signature]
[Applicant’s Name]
[Applicant’s Phone Number]
[Applicant’s Email Address]
Place: [City]
Date: [Date]
Enclosures:
1. Copy of FIR/Police Complaint (if any)
2. Medical Reports/Certificates
3. Death Certificate (if applicable)
4. Proof of Identity and Address
5. Any other relevant documents