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Victim compensation notes, Study notes of Victimology

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2024/2025

Uploaded on 03/20/2025

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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.
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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.

The chief secretary of west bengal had made letter in relation to the compensation given to that women 50,000 rs as compensation under the state victim compensation scheme Adequate legal aid has been provided to the victim Patta - allotment of land in favour of the victim’s mother. Construction of residential house. Widow pension scheme to the mother of the victim. Installation of tube well, constriction of sanitary latrine under etc. but court ordered to give 5lakh rupees compensation. 5lakh + 50,000 rs. Some of the benefits made by the state was in favour of the mother. Son it needs to be changed in favour of the victim. Because victim is major. , Delhi Domestic working women’s forum (vs) union of India 1995. The foundation for compensation and rehabilitation of rape victim in India. Tribal girl was raped by a army jawan and domestic worker. In course of the judgement the court has passed the direction. Complainant of sexual assault needs to be provided with legal representation Every police station must have the list of lawyers in notice board. Including women advocate Medical assistance have to be provided in the police station only Legal assistance have to be provided in the police station only Police should inform the accused about their rights. The anonymity of the victim must be maintained Criminal injuries compensation board must be set up. X (vs) state of Jharkhand and others 2021. X is victim. Belonging to ST community. Was raped by the police officer. The victim is asking for the rented accommodation and non - disclosure of identity under the section 228 A of IPC. No body is giving her because she is the victim of rape. The attorney general of Jharkhand says that this women had already filed 8 FIR of reaps case against the police officer. But the Supreme Court said that we cannot brand her as like that .she is doing it for illegitimate benefits. Further the court said that she is suffering from mental trauma and also the discrimination from the society. The court directed that the deputy commissioner Ranchi is directed to take measures to ensure the minor children’s of the petitioner. Proving free education, house under the prdaan mandir awas Yojana or any other central or state scheme , the