Victim Compensation under Indian Criminal Law

Victim compensation is a legal mechanism to provide financial assistance and support to victims of crime and their dependents who have suffered loss or injury. Under Sections 357A, 357B and 357C of the Code of Criminal Procedure, 1973 (CrPC), the law provides for compensation schemes, additional compensation in specified cases, and free medical treatment for victims of certain serious offences.

Meaning and Definition of Victim Compensation

Victim compensation means financial assistance provided to a victim of crime, or their dependents, to address the loss or injury suffered as a result of the offence.

Compensation may also help victims who need rehabilitation (support to recover and rebuild their lives after the crime).

The purpose of victim compensation is to:

• Provide financial assistance to victims who have suffered loss or injury.
• Support the rehabilitation of victims and their dependents.
• Provide immediate medical assistance and other urgent relief where required.
• Ensure that victims of specified serious offences receive free medical treatment.
• Recognise the needs of victims in the criminal justice system.

Victim Compensation Scheme under Section 357A

Preparation of the Compensation Scheme

Section 357A of the CrPC requires every State Government, in coordination with the Central Government, to prepare a scheme for providing funds for compensation to victims or their dependents.

The scheme is intended for victims who have suffered loss or injury because of a crime and require rehabilitation.

The compensation scheme provides a separate mechanism for financial assistance through the State's Legal Services Authorities.

Role of the Court and Legal Services Authorities

When the court recommends compensation under Section 357A, the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA), as applicable, decides the amount of compensation payable under the scheme.

The process involves the following:

• Court's recommendation: The court recommends that compensation be provided to the victim.
• Assessment of compensation: The DLSA or SLSA determines the amount under the applicable scheme.
• Financial assistance: Compensation is provided in accordance with the scheme and the applicable legal requirements.

The court's recommendation and the determination of the amount by the Legal Services Authority are distinct steps in this process.

Interim Relief and Immediate Assistance

Section 357A also provides for immediate assistance to reduce the victim's suffering.

The State or District Legal Services Authority, as applicable, may direct that the victim receive:

• Immediate first aid.
• Free medical benefits.
• Other interim relief (temporary assistance provided before the final compensation decision).

The provision states that such assistance may be ordered on the certificate of a police officer not below the rank of officer in charge of a police station, or a Magistrate of the area concerned, or through other interim relief considered appropriate by the relevant authority.

The purpose is to ensure that urgent needs are addressed without requiring the victim to wait for the final decision on compensation.

Additional Compensation under Section 357B

Section 357B provides that compensation payable by the State Government under Section 357A is in addition to the fine payable to the victim under the specified provisions of the Indian Penal Code (IPC).

The provisions identified in the CrPC text include Sections 326A, 376AB, 376D, 376DA and 376DB of the IPC.

This means that State-funded victim compensation under Section 357A does not replace the fine payable under the specified provisions. The two are separate forms of financial support or payment under the law.

The purpose is to ensure that the victim's entitlement to compensation under the State scheme is not reduced merely because a fine is also payable under the relevant criminal provision.

Free Medical Treatment under Section 357C

Duty of Public and Private Hospitals

Section 357C of the CrPC requires all hospitals, whether public or private, to provide immediate first aid or medical treatment free of cost to victims of the specified offences.

The provision covers hospitals run by:

• The Central Government.
• State Governments.
• Local bodies.
• Any other person or organisation.

The duty applies to the hospitals covered by the section, regardless of whether they are publicly or privately managed.

Offences Covered

The CrPC text identifies the following IPC provisions for the purpose of Section 357C:

• Section 326A.
• Section 376.
• Section 376A.
• Section 376AB.
• Section 376B.
• Section 376C.
• Section 376D.
• Section 376DA.
• Section 376DB.
• Section 376E.

These provisions concern specified serious offences, including acid attacks and sexual offences.

Duty to Inform the Police

In addition to providing free and immediate first aid or medical treatment, the hospital must immediately inform the police about the incident.

The hospital must not delay the required medical assistance while carrying out this reporting duty.

The purpose of Section 357C is to ensure that victims of the specified offences receive urgent medical care without being prevented from obtaining treatment because of an inability to pay.

Distinction Between Sections 357A, 357B and 357C

Practical Example

Suppose a person suffers serious injuries in an acid attack and requires urgent medical treatment.

The relevant legal protections may operate as follows:

• Immediate treatment: Under Section 357C, a hospital covered by the provision must provide the required first aid or medical treatment free of cost and immediately inform the police.
• Compensation scheme: Under Section 357A, the victim may receive compensation through the applicable State scheme, subject to the legal requirements and assessment by the relevant Legal Services Authority.
• Interim relief: The relevant authority may arrange immediate assistance or other interim relief under Section 357A.
• Additional compensation: Where Section 357B applies to the relevant statutory provision, State compensation is payable in addition to the specified fine.

This example shows that medical treatment, interim assistance and compensation serve different purposes but may work together to support a victim.

Current Legal Position

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, subject to applicable transitional provisions.

The section numbers and IPC references in this note reflect the CrPC framework provided above. For proceedings governed by the current law, the corresponding BNSS provisions and applicable changes to the substantive criminal law must be considered.

Summary

• Victim compensation provides financial assistance to victims of crime or their dependents who have suffered loss or injury.
• Section 357A of the CrPC requires State Governments to prepare victim compensation schemes in coordination with the Central Government.
• The DLSA or SLSA determines the amount of compensation under the applicable scheme when compensation is recommended by the court.
• Section 357A also allows immediate first aid, free medical benefits and other interim relief in the circumstances provided by law.
• Section 357B provides that compensation under Section 357A is additional to specified fines under the IPC.
• Section 357C requires public and private hospitals covered by the provision to provide immediate first aid or medical treatment free of cost to victims of specified offences.
• Hospitals must also immediately inform the police about incidents covered by Section 357C.
• Victim compensation, additional compensation and free medical treatment are distinct protections that may operate together.
• The CrPC was replaced by the BNSS from 1 July 2024, subject to applicable transitional provisions.