Interim Relief to the Women Victims

Article

Interim Relief to the Women Victims 

The State Legal Services Authority or District Legal Services Authority, as the case may be, may order for immediate first-aid facility or medical benefits to be made available free of cost or any other interim relief (including interim monetary compensation) as deemed appropriate, to alleviate the suffering of the victim on the certificate of a police officer, not below the rank of the officer-in-charge of the police station, or a Magistrate of the area concerned or on the application of the victim/ dependents or suo moto. 

As soon as the application for compensation is received by the SLSA/DLSA, a sum of rupees five thousand or as the case warrants up to  rupees ten thousand shall be immediately disbursed to the victim through preloaded cash card from a Nationalised Bank by the Secretary, DLSA or Member Secretary, SLSA. The, interim relief so granted shall not be less than 25 per cent of the maximum compensation awardable as per schedule applicable to this Chapter, which shall be paid to the victim in totality. 

In cases of acid attack a sum of rupees one lakh shall be paid to the victim within fifteen days of the matter being brought to the notice of SLSA/DLSA. The order granting interim compensation shall be passed by the SLSA/DLSA within seven days of the matter being brought to its notice and the SLSA shall pay the compensation within eight days of passing of order. Thereafter an additional sum of rupees two lakhs shall be awarded and paid to the victim as expeditiously as possible and positively within two months.

Recovery of compensation awarded to the victim: Subject to the provisions of sub-section (3) of Section 357A of the Code, the State Legal Services Authority, in proper cases, may institute proceedings before the competent court of law for recovery of the compensation granted to the victim or her dependent(s) from person(s) responsible for causing loss or injury as a result of the crime committed by him/her. The amount, so recovered, shall be deposited in Woman Victim Compensation Fund. 

Dependency certificate: The authority empowered to issue the dependency certificate shall issue the same within a period of fifteen days and, in no case, this period shall be extended. However, the SLSA/DLSA, in case of non-issuance of Dependency Certificate, after expiry of fifteen days, may proceed on the basis of an affidavit to be obtained from the claimant. 

Minor Victims: In case the victim is an orphaned minor without any parent or legal guardian the immediate relief or the interim compensation shall be disbursed to the Bank Account of the child, opened under the guardianship of the Superintendent, Child Care Institutions where the child is lodged or in absence thereof, DDO/SDM, as the case may be. 

Limitation: No claim made by the victim or her dependent(s), under sub-section (4) of Section 357A of the Code, shall be entertained after a period of three years from the date of occurrence of the offence or conclusion of the trial. However, in deserving cases, on an application made in this regard, for reasons to be recorded, the delay beyond three years can be condoned by the SLSAs/DLSAs. 

Appeal: In case the victim or her dependents are not satisfied with the quantum of compensation awarded by the Secretary, DLSA, they can file appeal within thirty days from the date of receipt of order before the Chairperson, DLSA. Delay in filing appeal may be condoned by the Appellate Authority, for reasons to be recorded, in deserving cases, on an application made in this regard. 

Repeal & Savings: (1) In case this Chapter is silent on any issue pertaining to Victim Compensation to Women, the provisions of Victim Compensation Scheme of the State would be applicable. 

(2) Nothing in this scheme shall prevent Victims or their dependents from instituting any Civil Suit or Claim against the perpetrator of offence or any other person indirectly responsible for the same. 

Explanation: It is clarified that this Chapter does not apply to minor victims under POCSO Act, 2012 in so far as their compensation issues are to be dealt with only by the Special Courts under Section 33 (8) of POCSO Act, 2012 and Rules (7) of the POCSO Rules, 2012.

 

Location: India

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