Victim Compensation And The Role Of Forensic Evidence In Criminal Cases: An Indian Legal Perspective
Janani J, Tamil Nadu Dr. Ambedkar Law University (TNDALU) – School of Excellence in Law (SOEL), Chennai.
ABSTRACT
Compensating victims is a key part of any criminal justice system, as it acknowledges the physical injuries, financial losses, and psychological trauma that crime inflicts. While criminal trials mainly aim to decide whether the accused is guilty, true justice also demands that victims’ recovery and well-being be addressed. Medical and forensic evidence can be central here, since it helps record injuries, establish the nature and extent of harm, and support compensation claims. In India, Sections 395 and 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023, set out the legal basis for awarding compensation, and Section 397 deals with how victims of certain specified offences are to be treated. This study explores how victim compensation and forensic evidence are connected in criminal cases. It examines the relevant statutory provisions and court rulings, and identifies the practical obstacles victims face in securing compensation. Using a doctrinal research approach, the study relies on statutes, case law, and secondary legal literature. It contends that although India has built a framework for victim compensation, more must be done to ensure prompt medical documentation, effective implementation of compensation schemes, and meaningful rehabilitation. The study recommends stronger coordination among investigating agencies, medical practitioners, forensic laboratories, and legal services authorities so that victims can access justice more effectively.
Keywords: Victim compensation, victimology, forensic evidence, medical evidence, criminal justice, rehabilitation, victims’ rights.
