Procedure for grant of Compensation to Women Victims

Article

Procedure for grant of Compensation to Women Victims 

Wherever, a recommendation is made by the court for compensation under sub-sections (2) and/or (3) of Section 357A of the Code, or an application is made by any victim or her dependent(s), under sub-section (4) of Section 357A of the Code, to the State Legal Services Authority (SLSA) or District Legal Services Authority (DLSA), for interim compensation it shall prima-facie satisfy itself qua compensation needs and identity of the victim. 

As regards the final compensation, it shall examine the case and verify the contents of the claim with respect to the loss/injury and rehabilitation needs as a result of the crime and may also call for any other relevant information necessary for deciding the claim. 

In deserving cases and in all acid attack cases, at any time after commission of the offence, Secretary, SLSA or Secretary, DLSA may suo moto or after preliminary verification of the facts proceed to grant interim relief as may be required in the circumstances of each case. 

The inquiry as contemplated under sub-section (5) of Section 357A of the Code, shall be completed expeditiously and the period in no case shall exceed beyond sixty days from the receipt of the claim/petition or recommendation: 

Interim Compensation to Acid attack Victims: In cases of acid attack an amount of rupees one lakh shall be paid to the victim within fifteen days of the matter being brought to the notice of DLSA. The order granting interim compensation shall be passed by 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 the order. 

Thereafter, an amount of rupees two lakhs shall be paid to the victim as expeditiously as possible and positively within two months of the first payment. The victim may also be paid such further amount as is admissible under this scheme. 

Quantum of Compensation: After consideration of the matter, the SLSA or DLSA, as the case may be, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or her dependent(s) taking into account the factors enumerated in Clause 8 of the scheme, as per schedule appended to this chapter. However, in deserving cases, for reasons to be recorded, the upper limit may be exceeded. 

Moreover, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the schedule. 

Additional Compensation to Acid attack Victims: Victims of acid attack are also entitled to additional compensation of rupees one lac under Prime Minister’s National Relief Fund vide memorandum No. 24013/94/Misc./2014-CSR-III/GoI/MHA dated 09.11.2016. Victims of acid attack are also entitled to additional special financial assistance up to rupees five lacs who need treatment expenses over and above the compensation paid by the respective State/UTs in terms of Central Victim Compensation Fund Guidelines-2016, No. 24013/94/Misc/2014-CSR.III, MHA/GoI. 

The SLSA/DLSA may call from any record or take assistance from any Authority/ Establishment/ Individual/ Police/Court concerned or expert for smooth implementation of the Scheme. 

Recovery of Compensation in false cases: In case trial/appellate court gives findings that the criminal complaint and the allegation were false, then Legal Services Authority may initiate proceedings for recovery of compensation, if any, granted in part or full under this scheme, before the Trial Court for its recovery as if it were a fine. 

Order to be placed on record— Copy of the order of interim or final compensation passed under this Scheme shall be placed on record of the trial Court so as to enable the trial Court to pass an appropriate order of compensation under Section 357 of the Code. A true copy of the order shall be provided to the IO in case the matter is pending investigation and also to the victim/dependent as the case may be. 

Method of disbursement of Compensation: The amount of compensation so awarded shall be disbursed by the SLSA by depositing the same in a Bank in the joint or single name of the victim/dependent(s). In case the victim does not have any bank account, the DLSA concern would facilitate opening of a bank account in the name of the victim and in case the victim is a minor along with a guardian or in case, minor is in a child care institution, the bank account shall be opened with the Superintendent of the institution as guardian. 

However, in case the victim is a foreign national or a refugee, the compensation can be disbursed by way of cash cards. 

Fixed Deposit: Interim amount shall be disbursed in full. However, as far as the final compensation amount is concerned, 75% (seventy five percent) of the same shall be put in a fixed deposit for a minimum period of three years and the remaining 25% (twenty five percent) shall be available for utilization and initial expenses by the victim/dependent(s), as the case may be. 

In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority, but not before three years of the deposit. 

In exceptional cases, amounts may be withdrawn for educational or medical or other pressing and urgent needs of the beneficiary at the discretion of the SLSA/ DLSA. 

The interest on the sum, if lying in FDR form, shall be credited directly by the bank in the savings account of the victim/dependent(s), on monthly basis which can be withdrawn by the beneficiary

 

Form -1

Application for the award of compensation under compensation scheme for women victim/survivors of sexual Assault/other crimes for interim/final relief for women


1.    Name of the Applicant Victim(s) or her Dependent(s)

2.    Age of the Victim(s) or her Dependent(s)

3.    Name of father, mother, spouse:

(a)  Father’s Name

(b)  Mother’s Name

(c)  Spouse’s Name

4.    Address of the Victim(s) or her/their Dependent(s)

5.    Date and time of the Incident

6.    Whether FIR has been lodged?

7.    Whether medical examination has been done? If yes, enclose Medical Report/ Death Certificate /P.M. Report.

8.    Status of trial, if pending. If over, enclose copy of judgment and order on sentence.

9.    Has the applicant been awarded any compensation by the trial court or any other Govt. agency? If, yes give details.

10.  Give details of financial expenditure/ loss incurred

11.  Have you instituted any civil suit/ claim against the perpetrator of offence? If yes give details. Signature of the Victim/Dependent.

Note: Please submit Form ‘I’ along with a copy of the First Information Report (FIR) or criminal complaint of which cognizance is taken by the Court and if available Medical Report, Death Certificate, wherever applicable, copy of judgment/ recommendation of court if the trial is over. 

Location: India

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