“Empowering Justice: Understanding Victim Compensation in India”

Ms. Ritika Sahu

Faculty of Law

Kalinga University Raipur

Victim compensation recognizes the harm suffered by victims of crimes and provides financial and other support. In India, the concept has evolved over centuries, rooted in ancient & modern legislative frameworks, ensuring justice. Victim compensation that provides monetary support to victims of crimes to help them recover from physical, emotional, or financial harm. In India, this system is aimed at recognizing the suffering of victims and ensuring justice beyond punishing the offenders. The concept of victim compensation is a significant step in making the criminal justice system victim-centric, safeguarding their rights and dignity.

Definition of victim

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, defines a “victim” under Section 2(1)(y) as anyone suffering loss or injury due to an offender’s act or omission, including their guardian or legal heir. The UN Declaration of 1985 broadens this by including physical, mental, emotional, or financial harm, irrespective of whether the offender is caught or convicted, emphasizing a holistic recognition of victims’ rights and experiences.

Historical development of victim compensation in India

In India, the concept of victim compensation traces back to ancient times, with Chapter VIII of Manu’s Laws emphasizing reparation for injuries and damages. Modern victimology gained momentum in the twentieth century, particularly following the 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. This historic declaration emphasized essential victim rights such as access to justice and fair treatment, restitution for losses, state-funded compensation when restitution was not possible, and complete aid for victims’ recovery. After independence, compensation emerged through Law Commission findings and groups such as the Malimath Committee, which helped shape the legal framework for victim rights that exists today.

Legal framework for victim compensation in India

The Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces several victim-centric provisions. Section 395 allows courts to direct fines towards victim compensation, while Section 396 mandates state and central governments to establish a Victim Compensation Scheme for rehabilitating victims or their dependents. Section 396(7) ensures state compensation is additional to fines under the Bharatiya Nyaya Sanhita. Section 397 requires all hospitals to provide free first aid or medical treatment to victims of specified offenses and report incidents to the police. Complementing these, the Constitution of India guarantees equality before the law (Article 14), protection of life and liberty (Article 21), and free legal aid (Article 39A). Additionally, the SC/ST Act, 1989 ensures compensation for caste-based violence victims, and the Domestic Violence Act, 2005 provides monetary relief to women victims. These provisions collectively strengthen victim support and rehabilitation mechanisms.

International approach of victim compensation

• United Kingdom: The Criminal Injuries Compensation Scheme (2008) provides standardized compensation funded through public revenues and penalties from offenders.
• United States: The Victims of Crime Act (1984) established a Crime Victims Fund through fines and forfeitures, supporting state compensation programs.

Judicial contributions

Rudul Shah v. State of Bihar (1983): Pioneered the use of compensation for wrongful detention.

Ankush Shivaji Gaikwad v. State of Maharashtra (2013): the Supreme court made it mandatory for trial courts to consider and grant compensation to crime victims, also give reasons for not providing compensation.

Challenges in implementation

India faces a number of obstacles in implementing victim compensation programs. Access to justice is hampered by the fact that many victims are ignorant of their right to compensation. States’ inconsistent policies lead to differences in compensation amounts, and these schemes’ efficacy is weakened by insufficient funding. Furthermore, administrative hold-ups and bureaucratic inefficiencies make it more difficult to provide victims with compensation on time.

Recommendations for strengthening victim compensation in India

To improve victim compensation in India, a consistent structure should be developed across the state, providing consistency while addressing the gravity of offenses and victims’ necessities. Awareness initiatives must increase understanding of victims’ rights and the application process. Simplifying administrative procedures and utilizing digital platforms will speed up compensation disbursement and improve accessibility. In addition, regular financial allocation is required to sustain victim compensation programs successfully.

Conclusion

Victim compensation is more than a legal requirement; it is a community responsibility to restore dignity and justice to people who have been injured by crimes. Victim compensation is becoming more widely recognized as an inherent human right in contemporary criminology. It is critical to distinguish between the rights to compensation and restitution because these terms are commonly used interchangeably in our criminal justice system, causing a great deal of confusion. While India has made remarkable progress, there is an urgent need for reforms to close implementation gaps. A coordinated effort by the courts, legislature, and administration, together with public knowledge, can assure the system’s effectiveness. To ensure clarity, the Victim Compensation Scheme should undergo a revival process that prioritizes increasing accessibility and adequacy. At the moment, our criminal justice system places the most emphasis on two values: due process and criminal control. However, it is important that a third value “victim participation” be introduced. Without this, the objective of achieving justice will not be achieved.