Victim Compensation Schemes In India: A Critical Evaluation
- IJLLR Journal
- Aug 16
- 2 min read
P. ASHA, B.A., LL.B., S. Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu.
K. Rajesh Kumar, B.COM. ML., (Ph.D), Faculty of Law, S.Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu.
1.ABSTRACT
Victim compensation has emerged as an essential component of the criminal justice system, recognizing that victims of crime often suffer significant physical, psychological, emotional, and financial harm. In India, the concept of victim compensation has gained prominence through the introduction of Section 357A of the Code of Criminal Procedure, 1973 (now reflected in the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates every State and Union Territory to establish Victim Compensation Schemes. These schemes aim to provide financial assistance and rehabilitation to victims and their dependents, particularly in cases where the offender is unidentified, absconding, or incapable of paying compensation. Despite the existence of statutory provisions and judicial support, the implementation of victim compensation schemes continues to face numerous challenges, including procedural delays, lack of public awareness, inconsistent compensation amounts across states, bureaucratic inefficiencies, and inadequate rehabilitation measures.
This paper critically evaluates the legal framework governing victim compensation in India, examining the objectives, scope, and effectiveness of existing schemes. It also analyses the role of courts, State Legal Services Authorities, and law enforcement agencies in ensuring timely compensation to victims. Further, the study highlights significant judicial pronouncements that have strengthened victims’ rights and emphasizes the importance of a victim-centric approach in criminal justice administration. A comparative assessment of compensation practices across different states reveals disparities in implementation and accessibility, thereby affecting the realization of justice for victims. The paper argues that while victim compensation schemes represent a progressive step toward restorative justice, their practical impact remains limited due to administrative shortcomings and uneven execution. It concludes by recommending policy reforms, greater institutional accountability, standardized compensation guidelines, enhanced awareness programmes, and effective monitoring mechanisms to ensure that victim compensation serves its intended purpose of restoring dignity, promoting rehabilitation, and reinforcing public confidence in the criminal justice system.
Keywords: Victim Compensation, Victim Compensation Scheme, Victim Rights, Criminal Justice System, Rehabilitation of Victims, Section 357A CrPC, Section 396 BNSS, Constitutional Remedies, Access to Justice, State Victim Compensation Scheme, Criminal Law Reforms, Human Rights.
