Compensation in Criminal Cases

                         The Hon'ble Supreme Court has held that courts must not convict and punish the guilty but should also award compensation to the victims of the case. The law is very clear regarding compensation to the such victims. Procedure for compensation to the victims of the has been given in the sections 357, 357A, 358, 359 of the Criminal Procedure Code (CrPC).

How the order is made to pay compensation to the victim ?

                                  When a court imposes a sentence of fine, the court may order in his judgement that the whole or part of the fine recovered to the victim or the person entitled to recover damages from the convicted person for the loss resulted due to offence (section 357 CrPC).

                     Payment for  compensation is made only after the period for appeal in the case has elapsed.

                     If the amount of fine  is not mentioned in the sentence, the court may order in his judgement to pay specified compensation to the victim.

                   In case of a non-cognizable case, if the accused is convicted, Magistrate may order to pay compensation in following manner to the complainant :

                   penalty imposed+cost incurred in prosecution

                    In case, accused does not pay compensation, accused shall suffer imprisonment not exceeding 30 days. Appeal can be made against the orders (section 359 CrPC).

Can compensation be granted to the person who is groundlessly arrested ?

                    Yes, as per provisions of the Criminal Procedure Code, it appears to the trial court at the time of hearing of the case that such person has been arrested groundlessly by the police officer. Magistrate may award a compensation to the arrested person. The maximum amount of compensation can be Rs 1000/-. The amount of compensation shall be recovered from the police officer who has made such arrest.

                  If more than one person is arrested, Magistrate may award compensation to each of them.

What is victim compensation scheme ?  

               On the recommendation of Law Commission of India in 2008, section 357A was added the Criminal Procedure Code. By this section court is empowered to direct the states to pay compensation to the victim. Provisions of the victim compensation are implemented as :

• Every State government in coordination with Central Government shall prepare a scheme to provide funds for purpose of compensation to the victim or his dependents.
• Whenever a recommendation has been made for the compensation, the State or District legal Services Authority as the case may be, shall decide the quantum of compensation to be awarded.
• If the trial court is of the opinion that the compensation u/s 357 CrPC is not adequate or case ends in acquittal or discharge and victim is to be rehabilitated, it may recommend for the compensation.
• If the offender is not traced and trial could not take place, victim or his descendant can make an application for compensation top the District or State legal services authorities. On receipt of such application, State or District legal authorities shall award adequate compensation after due enquiry within two months.
• On the certificate of the Officer-in-charge of the police station or concerned Magistrate, State or District legal services authority can order for immediate first-aid facility or medical benefits to be made available free of cost.