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CrPC, 1973
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CrPCChapter XXVIISection 357A
Section357A

Victim compensation scheme

AI Assist

Summary

States, together with the Central Government, must create schemes to provide funds for compensation and rehabilitation to victims or their dependents who suffer loss or injury from crime. When a court recommends compensation or a victim applies, the District or State Legal Services Authority will hold an enquiry and decide the amount, completing the enquiry within two months. The Authority may also order immediate free first-aid or medical benefits on the certificate of the police station officer-in-charge or a Magistrate.

Example

Meera is badly injured in a hit-and-run and the driver is not traced. She applies to the District Legal Service Authority for compensation under the state scheme. After a short enquiry the Authority awards her money for rehabilitation and orders immediate free medical treatment on the police station officer-in-charge's certificate.

Bare Act

Enacted text

(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1)

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

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XXVII

Chapter XXVII

The Judgement

In this chapter

  • 353Judgment
  • 354Language and contents of judgment
  • 355Metropolitan Magistrate’s Judgment
  • 356Order for notifying address of previously convicted offender
  • 357Order to pay compensation
  • 357AVictim compensation scheme
  • 357BCompensation to be in addition to fine under Section 326A or Section 376D of Indian Penal Code 1
  • 357CTreatment of victims 1
  • 358Compensation to persons groundlessly arrested
  • 359Order to pay costs in non-cognizable cases
  • 360Order to release on probation of good conduct or after admonition
  • 361Special reasons to be recorded in certain cases
  • 362Court not to alter judgment
  • 363Copy of judgment to be given to the accused and other persons
  • 364Judgment when to be translated
  • 365Court of Session to send copy of finding and sentence to District Magistrate
Previous · Section 357Order to pay compensationNext · Section 357BCompensation to be in addition to fine under Section 326A or Section 376D of Indian Penal Code 1