CRIMINAL LAW-II (CrPC)

For The Partial Fulfilment of Victim Compensation Scheme In India

Submitted to: Fr. Peter Ladies F

 Faculty of Criminal Law

Submitted by: Sonal

Roll no: 131173

4th semester

B.A LL.B

INTRODUCTION

Every crime produces a victim. The victims are generally considered as mere informants or
witnesses in criminal trials, assisting the state in its endeavour to punish offenders, are now
becoming the focal points of our criminal justice system. The criminal justice system is
basically meant to redress the victimization of these victims and to address the issues
surrounding him. However getting justice in Indian criminal justice system was never a bed
of roses for the victims of offence. The last few decades however witnessed groundbreaking
reforms in the approach of legal systems nationally as well as internationally with reforms not
only in statutory laws but also even in judicial approach towards the victims of crime.

Victim compensation is one of the major aspects in reparation of the harm or injury caused to
the victim due to the commission of the crime. Monetary assistance in one-way or the other
always benefits the victims in the mitigation of their sufferings. The rebirth of the prominence
of victims in legal system is however a recent phenomenon.

The Indian position regarding compensation to victim of crime must be studied under two
head in order to get complete picture one is legislative framework and other is judicial
response. The legislative framework in Indian regarding compensation to victim of crime can
be trace through two major legislations i.e. Code of Criminal Procedure, 1973 and Probations
of Offenders Act and Constitution of India. Under the provisions of code of criminal
Procedure the power to award compensation is vested under section 357. The plain reading of
the section shows that sub-section (1) and (3) vests power on the trail court to award
compensation and sub-section (4) gives power even to appellant or revision court to order for
compensation.
Probation of Offenders Act vide its section 5 empowers the trail court to order for
compensation. The plain reading of this section clearly shows that the power in case of this
Act vests only with the trail court and non-else . The whole discussion about legislative
framework is incomplete until Section 431 and 421 of Cr.P.C. is read with above two
substantive sections. Section 421 provides for means to recover the fine by attachment and
sale of movable property of the offender and also from both movable and immovable as
arrears of land revenue . Section 431 empowers the courts to recover any money (other than
fine) payable by virtue of any order made under as if it were fine if method for its recovery is
not expressly provided . As far as the Constitutional scheme is concern it is to be noted that it
is out come of various decision of Supreme Court of India either by reading Part third rights
(in some cases part four as well) with Art. 32, 136 and 142 of Constitution of India , which is
to be given either by the state or accuse.

AIMS AND OBJECTIVE

The main aim and objective of the researcher is to know what is victim compensation. And as
my project topic is victim compensation in India i focused to know what is the prevalent
situation of victim compensation in India. And which provisions talk about the victim
compensation.

RESEARCH METHODOLOGY
The researcher has adopted doctrinal method of research for the project as no field work has
been done.

SOURCE OF DATA
The following secondary and primary sources of data have been used in the project are:
1. Books
2. Websites
3. Articles

4. Newspaper

5. Magazine
HYPOTHESIS
Victims of any crime and of human rights violations have a right to be compensated for the
losses sustained. Compensation can be awarded for material and non-material damages.
Compensation granted to victims in India is not enough.

CHAPTERISATION
Introduction
Purpose and Principles of providing compensation to victim
Victim compensation in India
Compensation and restitution to the victim
Related case laws
Conclusion and suggestion