When a crime is committed against a person, it is not only the person against whom it is committed who gets affected, rather it affects all people in the society at large in some or the other way. The affects may be direct or indirect, but with the commission of such crimes there is a shock wave sent throughout the social fabric of our society.
Nonetheless
it cannot be denied that the person who comes in direct contact with the crime
suffers the most. These persons on whom the crime is committed are called the
victims to a crime, and for ages this class of people and their trauma were
almost ignored by everyone to a point that decorated members of our civil
society had to step up and call for victims of a crime to be recognised as a
vulnerable section of the society and their voices heard by the government.
In case of
a serious sexual offences that of rape, gang rape, acid attack and more such
offences, the victim might be still alive, but is not in a healthy state of
mind. The victim of such a crime needs constant attention and rehabilitation for
the victim to be able to go back to living their lives normally again. Hence it
is the duty of the justice system in such cases to step up and not just put the
offender behind bars, but to also help such victims of crime to be able to
regather and regroup their thoughts and live a normal life henceforth. For that
to happen, the victim shall need help in the form of monetary and medical aid
for it to recover and rehabilitate from the scars of such offences.
For this
reason, the Bhartiya Nagarik Suraksha Sanhita (BNSS) has provided with Section
396, where provisions related to setup of Victim Compensation Scheme is
provided. Let us quickly peek into the provision and then we shall delve into
the intricacies of the provision:
“Section
396- Victim compensation scheme
396. (1)
Every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for the purpose of compensation to the
victim or his dependents who have suffered loss or injury as a result of the
crime and who require rehabilitation.
(2)
Whenever a recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, as the case may
be, shall decide the quantum of compensation to be awarded under the scheme
referred to in sub-section (1).
(3) If the
trial Court, at the conclusion of the trial, is satisfied, that the
compensation awarded under section 395 is not adequate for such rehabilitation,
or where the cases end in acquittal or discharge and the victim has to be
rehabilitated, it may make recommendation for compensation.
(4) Where
the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an
application to the State or the District Legal Services Authority for award of
compensation.
(5) On
receipt of such recommendations or on the application under sub-section (4),
the State or the District Legal Services Authority shall, after due enquiry
award adequate compensation by completing the enquiry within two months.
(6) The
State or the District Legal Services Authority, as the case may be, to
alleviate the suffering of the victim, may order for immediate first-aid
facility or medical benefits to be made available free of cost on the
certificate of the police officer not below the rank of the officer in charge
of the police station or a Magistrate of the area concerned, or any other interim
relief as the appropriate authority deems fit.
(7) The
compensation payable by the State Government under this section shall be in
addition to the payment of fine to the victim under section 65, section 70 and
sub-section (1) of section 124 of the Bhartiya Nyaya Sanhita, 2023.”
Learnings from the provision:
Every
State Government, in coordination with the Central Government, is mandated to
prepare a scheme for providing funds. These funds are specifically allocated
for compensating victims or their dependents who have suffered loss or injury
due to a crime and require rehabilitation.
Quantum of
Compensation:
There are
two ways to decide quantum of compensation. One is when a court recommends
compensation to the victim or legal heirs, and in other cases the District
Legal Service Authority or the State Legal Service Authority (as applicable)
determines the amount of compensation to be awarded under this scheme. In
Delhi, victims can themselves file a claim under the state scheme and in all such
cases the DSLSA assesses the claim and decides the quantum of compensation. The
DSLSA ensures that victims receive fair compensation based on their specific
needs and the impact of the crime on their lives
Ambit of Victim
Compensation Schemes in Delhi:
In Delhi,
there have been a total of three Victim Compensation Schemes (VCS) in place
till now since 2011. First came the VCS 2011 on 2nd Feb 2012. It was
then taken over by VCS 2015 on 26th December 2016 and then came in
VCS 2018 on 27th June 2019, which is still in place.
These VCS schemes
are designed to provide financial assistance and support to victims of crime,
especially those who have suffered physical or mental harm due to criminal
acts. This is an effort to somehow soften the blow that the victims have
received from the disheartening crime.
The DSLSA
administers various victim compensation schemes in Delhi, aiming to alleviate
the suffering of victims and help them rebuild their lives.
Compensation
and Rehabilitation:
The DSLSA
not only focuses on monetary compensation but also considers rehabilitative
measures for the victims of crime. This means that beyond financial aid, they
explore ways to support the victims in their physical and mental recovery and
rehabilitation process.
If a
court-ordered compensation order is deemed insufficient for some reason, the
DSLSA steps in to address any gaps and provide additional assistance to such
victims and their legal heirs. If the compensation awarded under Section 395
(which deals with general compensation) is deemed inadequate for
rehabilitation, the trial court may recommend additional compensation to be
paid to the victim in such cases.
In cases
where the accused is not traced or identified, but the victim of the crime is
known, the victim or their dependents can directly apply to the State or
District Legal Services Authority for compensation to be paid to the victim.
Timely
Disbursement:
Upon
receiving recommendations or applications for on behalf of the victim of a
crime, the State or District Legal Services Authority must conduct an inquiry into
the nature of offence and the losses suffered by the victim of such a crime and
then award an adequate compensation within two months of receiving such
application. The focus should be on promptly alleviating the victim’s suffering
and ensuring their rehabilitation.
Factors
like gravity of offence, expenditure incurred by victim, whether loss of any
educational opportunity as consequence of offence, impact on employment,
relationship of victim to the offender, whether isolated incident or otherwise,
if victim contacted STD’s from offence, disability suffered, financial
condition and financial loss of victim and in cases of death age, monthly
income, number of dependents, life expectancy, future growth prospects need to
be considered to award compensation to the victim or their legal heirs.
Immediate
Relief:
In urgent
situations, the State or District Legal Services Authority can order immediate
first-aid facilities or free medical benefits based on certification by a
police officer (not below the rank of the officer in charge of the police
station) or a Magistrate. Interim relief shall not be more than Rs 50,000/- in
cases except cases involving extreme gravity of offence. In cases of acid
attack victims, Rs one Lakh shall be paid to the victim within 15 days of the
matter being brought to the notice of concerned DSLSA.
In cases
where victim needs constant and multiple medical treatment or surgeries, the
DSLSA shall forward the case to Government of NCT Delhi, which shall ensure
free of cost treatment to the victim from any government hospital.
These
interim relief aims to address immediate needs of the victims and seem to help
the victim while the compensation process is underway.
Additional
to Fine:
Notably,
the compensation provided under Section 396 BNSS is separate from any fines
imposed on the offender under other sections of the BNSS (such as Section 65,
Section 70, and Sub-section (1) of Section 124). This means the compensation
provided in the scheme shall be over and above any other compensation provided
for in the trial of offence. It cannot be computed as an alternative or set off
any other form of compensation.
Standard
Operating Procedures of DSLSA:
The DSLSA
follows a set of guidelines and procedures to ensure consistency and fairness
in compensation disbursement in relation with the victim compensation scheme.
These SOPs outline the steps involved in assessing claims, determining
compensation amounts, and providing necessary support to the victims and their
dependants.
Conclusion
To
conclude, the Delhi State Legal Services Authority (DSLSA) plays a crucial role
in the victim compensation scheme. Section 396 ensures that victims of a crime shall
receive timely and adequate compensation, along with adequate interim solutions
like medical procedures and interim compensations while recognizing their
rights and needs. It’s a crucial provision in our legal framework that emphasises
on compassion and support for those affected by criminal acts.
Sources:
DLSA Victim Compensation Scheme 2011
DLSA Victim Compensation Scheme 2015
DLSA Victim Compensation Scheme 2018
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Related Blogs:
Securing Witnesses: A Deep Dive into BNSS Section 398’s Witness Protection Scheme
Old Meets New: A Comprehensive Guide to Investigation Procedures Under Section 176 BNSS
Unveiling the Bhartiya Nagarik Suraksha Sanhita(BNSS): A Legal Revolution Unfolding
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