Victim Compensation: An Assessment Of Recent Approaches In Award Of Compensation To Victims In India
- IJLLR Journal
- Jul 9
- 2 min read
Dr. Shobha K., LLB., LL.M., M.Phil., PhD, Assistant Professor, University Law College, Bangalore University,
Dr. Mallaiah M.R., LLB., LL.M., M.Phil., PhD, Associate Professor, School of Law, CHRIST (Deemed to be University), Bangalore
1. Introduction
Victims are the most overlooked stakeholders in India’s criminal justice system. They initiate legal proceedings by reporting crimes but often become sidelined during trials. It is critical to evaluate how a conviction affects victims, as many remain without remedies for their losses or injuries despite the accused’s sentencing. Victims, who endure profound suffering, must not be forgotten while justice is served. They can be categorized into four types:
a) Primary crime victims: Individuals directly harmed by a crime, or their legal heirs, entitled to compensation under existing laws, such as survivors of rape or families of the deceased.
b) Secondary crime victims: Those indirectly affected, such as partners of rape survivors or children of abused women.
c) Tertiary crime victims: Individuals impacted vicariously through media or television coverage of crimes.
d) Invisible crime victims: A neglected group, such as the spouse or dependents of a convicted offender, who suffer due to the offender’s imprisonment.
What measures are necessary to support these victims? The Supreme Court of India has observed that while safeguarding convicts’ rights, “we cannot forget the victim or his family in case of his death or who is otherwise incapacitated to earn his livelihood because of the criminal act of the convict.” Victims are entitled to reparation, restitution, rehabilitation, and protection of their rights. A criminal justice system that fails to deliver justice to victims is fundamentally deficient. The field of victimology is gaining prominence alongside efforts to reform prisons and protect prisoners’ rights. Victims cannot remain the “forgotten” or “neglected” figures in this system, as they and their families bear the brunt of crimes, including loss of life, bodily injury, reputation, or dignity. While no compensation can fully restore lost honor or life, monetary relief provides some solace, as mandated under frameworks like Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 357A of the CrPC in 2024.
