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Victim compensation :-
Definitions of victim :-
Section 2wa of the crpc defines the victim.
Generally victim is a person who have suffered any loss or injury by an act or an
omission for which the accused has been charged.
It was equally applicable to all. It is gender neutral one.
Since 1960’s and 1970’s - the focus was on the right of the accused.
The focus on the right to victim was started later.
In 2008 crpc amendment- the definition of victim was added.
The section 2(Wa) - of the crpc defines the victim.
Further the section 357A of the crpc was also inserted by 2008 amendment.
The compensation was provided under the section 357. But due to certain limitation
under that the 357 A was added.
Difference between the section 357 and357 A.
Section 357
Court MAY. It is not mandatory for the court to ask to give compensation. But it is the
discretion of the court.
The conviction is mandatory
Crime where the accused is untraceable
Poor finance of the accused
But section 357A.
No conviction is mandatory. Only need to prove tha fact that the person had done the
offence .
Every state in india needs to frame the victim compensation scheme
Nalsa had framed a scheme 2018 for all the state gives guidelines.
Compensation scheme for women victims , survivors of sexual assault, other crime 2018.
Malika Arjuna Vs state of Karnataka 2018 :- ?
Rape victim compensation :-
In Re: Indian women says gang - raped on orders of villages court published in business and
financial new 2014 :-
men allegedly gang-raped a 20-year-old woman in Birbhum district of West Bengal on
the orders of village elders.
The woman was sexually assaulted on Tuesday for having a relationship with a man
from another community
Police arrested 13 men, including the village headman who ordered the rape.
In this case the Supreme Court had took a suo motto cognisance. Based on the news
published related to this in the news paper.
