Introduction
Victims of heinous crimes like acid attacks, rape, and sexual assault suffer not only physical and emotional trauma but also financial distress due to medical expenses, legal proceedings, and loss of livelihood. In India, various legal provisions and government schemes ensure monetary compensation and rehabilitation assistance.
However, many victims and their families are unaware of their rights or struggle with the lengthy bureaucratic process. This guide provides a step-by-step approach to claim compensation, along with legal provisions, case laws, and government schemes.
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Legal Provisions Governing Compensation for Crime Victims
1. Criminal Procedure Code, 1973 (CrPC)
(a) Section 357 – Court-Ordered Compensation
• Courts may direct the accused to compensate the victim as part of the sentence.
• Compensation covers medical treatment, rehabilitation, and loss of livelihood.
(b) Section 357A – Victim Compensation Scheme
• State governments are required to set up victim compensation schemes.
• Compensation is available even if the accused is not convicted or identified.
• Disbursal is handled by the State Legal Services Authority (SLSA) or District Legal Services Authority (DLSA).
Key Case Law
• Ankush Shivaji Gaikwad v. State of Maharashtra (2013) 6 SCC 770
• The Supreme Court ruled that compensation under Section 357 should be granted in all appropriate cases.
• Courts must record reasons for granting or refusing compensation.
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2. Indian Penal Code, 1860 (IPC)
(a) Section 326A & 326B – Acid Attack Victims
• Compensation of ₹3-10 lakh, depending on the severity of injuries.
• Covers medical expenses, reconstructive surgeries, and rehabilitation.
(b) Section 375 & 376 – Rape Survivors
• Compensation of ₹4-10 lakh for rape and sexual assault survivors.
• Covers psychological counseling, shelter, and financial assistance.
Key Case Law
• Laxmi v. Union of India (2015) 3 SCC 583
• The Supreme Court directed all states to pay at least ₹3 lakhs to acid attack victims.
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3. Protection of Children from Sexual Offences Act, 2012 (POCSO)
• Section 33(8) requires compensation for child victims of sexual abuse.
• Compensation includes:
• Medical expenses
• Psychological counseling
• Loss of education
Key Case Law
• Nipun Saxena v. Union of India (2019) 2 SCC 703
• The Supreme Court approved the Compensation Scheme for Women Victims/Survivors of Sexual Assault and Acid Attack, 2018, ensuring uniform compensation across states.
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4. Compensation Schemes for Victims
(a) Nirbhaya Fund (2013)
• Created in response to the 2012 Delhi gang rape case.
• Supports rape survivors, acid attack victims, and sexual abuse victims.
(b) One Stop Centre Scheme
• Provides legal, medical, and psychological support to survivors.
(c) Compensation Scheme for Women Victims/Survivors of Sexual Assault and Acid Attack, 2018
• Uniform compensation mandated by the Supreme Court.
• Minimum ₹4 lakh for rape survivors.
• Minimum ₹7 lakh for acid attack victims.
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Step-by-Step Approach to Claim Compensation
Step 1: File an FIR (First Information Report)
• Victims (or their families) must register an FIR at the nearest police station.
• The FIR should mention the need for compensation.
Step 2: Medical Examination and Treatment
• Victims must undergo a medical examination at a government hospital.
• Medical reports play a crucial role in determining compensation.
Step 3: Approach the District Legal Services Authority (DLSA)
• The DLSA processes victim compensation claims under Section 357A CrPC.
• Victims can submit an application in person or through a legal representative.
Step 4: Submit the Required Documents
Victims must submit the following:
1. Copy of FIR
2. Medical reports and bills
3. Police report or charge sheet (if available)
4. Proof of identity (Aadhaar, Voter ID, etc.)
5. Bank details for compensation disbursal
6. Affidavit stating financial distress (if applicable)
Step 5: Compensation Decision by DLSA/SLSA
• The DLSA/SLSA reviews the case and determines compensation based on:
• Nature and severity of injury
• Medical costs
• Loss of livelihood
• Compensation can be awarded within 2-6 months.
Step 6: Appeal for Higher Compensation (If Required)
• If the compensation granted is inadequate, victims can appeal to the High Court.
• Courts may direct enhanced compensation in justified cases.
Key Case Law
• Delhi Domestic Working Women’s Forum v. Union of India (1995) 1 SCC 14
• The Supreme Court held that rape survivors must receive compensation even before conviction.
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Challenges in Claiming Compensation
Despite strong legal provisions, many victims face difficulties in obtaining compensation.
1. Bureaucratic Delays
• Compensation disbursal is often delayed due to administrative hurdles.
• Solution: Fast-track mechanisms must be introduced.
2. Lack of Awareness
• Many victims do not know about their right to compensation.
• Solution: Police, hospitals, and legal aid clinics must inform victims about their rights.
3. Insufficient Compensation
• In many states, compensation does not cover the full cost of treatment and rehabilitation.
• Solution: Regular revision of compensation amounts is required.
4. No Standardized Compensation Across States
• Compensation varies from state to state, creating inequality.
• Solution: The Central Government should mandate uniform compensation.
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Recommendations for Improving Victim Compensation
1. Automatic Compensation Without Delays
• Compensation should be processed immediately after filing of an FIR.
2. Increase in Compensation Amount
• Victims should receive higher financial assistance, considering inflation and treatment costs.
3. Dedicated Victim Rehabilitation Fund
• The government should set up a permanent fund for victim assistance.
4. Legal Awareness and Accessibility
• Victims must be made aware of their rights through legal aid clinics, police stations, and hospitals.
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Conclusion
The Indian legal system provides a structured framework for compensating victims of acid attacks, rape, and other crimes. However, delays, lack of awareness, and inconsistent implementation hinder access to justice.
A proactive approach involving legal reforms, victim assistance programs, and streamlined procedures is crucial to ensuring fair and timely compensation. The judiciary, government, and legal aid organizations must work together to strengthen victim compensation mechanisms and uphold justice for survivors.
