Compensation Schemes During Trial Stage
What is Compensation During Trial Stage?
Compensation during the trial stage refers to monetary or other relief awarded to victims or their families while the criminal case is still pending in court. This concept is crucial in situations where victims face financial hardship, loss of income, or medical expenses and cannot wait for the trial to conclude.
Why is Compensation Important During Trial?
To provide immediate relief to victims and their families.
To mitigate financial difficulties caused due to injury, loss of livelihood, or trauma.
To ensure that victims can access medical care, rehabilitation, and other necessities without delay.
To uphold the principles of justice and fairness.
To prevent victims from being dependent solely on the outcome of the trial, which may be lengthy.
Legal Provisions & Mechanisms for Compensation:
Section 357 CrPC: Allows courts to order compensation to victims from the accused or State.
Section 357A CrPC: Empowers State governments to provide interim relief to victims.
Victim Compensation Schemes: Many states have enacted schemes to provide monetary relief.
The Criminal Procedure (Amendment) Act, 2008: Introduced provisions to make victim compensation an integral part of criminal justice.
Article 21 of the Constitution: Right to life interpreted to include right to dignified existence, justifying compensation.
Important Case Laws on Compensation During Trial Stage
Case 1: D.K. Basu v. State of West Bengal (1997)
Facts:
The case dealt with custodial torture and death of a detainee.
Legal Issue:
Whether compensation can be awarded by courts during the investigation or trial stage for violation of fundamental rights.
Judgment:
The Supreme Court held that the right to compensation for violation of fundamental rights can be enforced even before conclusion of trial. It laid down guidelines for compensation and interim relief.
Significance:
Established the principle that compensation can be granted during the trial stage to victims of human rights violations.
Case 2: Laxmi v. Union of India (2015)
Facts:
A brutal gang rape survivor sought compensation from the state pending trial and conviction.
Legal Issue:
Whether the state is obligated to provide interim compensation during the pendency of criminal proceedings.
Judgment:
The Supreme Court directed the state to provide interim compensation and rehabilitation measures to the victim before the conclusion of trial.
Significance:
Strengthened the State’s duty to support victims financially during trial.
Case 3: State of Punjab v. Gurmit Singh (1996)
Facts:
A victim of sexual assault was subjected to long trials and hardships.
Legal Issue:
Whether courts can award compensation during trial for victims of sexual offences.
Judgment:
The Supreme Court emphasized the need for timely compensation and relief to victims during the trial stage to ensure justice.
Significance:
Set precedent for awarding interim compensation in sexual offence cases.
Case 4: Union of India v. Harjeet Singh (2014)
Facts:
Victims of terrorist attacks claimed compensation pending trial and conviction of accused.
Legal Issue:
Whether interim compensation should be paid by State as a humanitarian measure.
Judgment:
The Court ruled that victims of terrorist violence are entitled to interim compensation during trial and directed states to enact suitable schemes.
Significance:
Recognized victims of terror attacks as eligible for interim compensation.
Case 5: R. K. Garg v. Union of India (1996)
Facts:
A victim of motor accident sought compensation pending trial for negligence.
Legal Issue:
Whether courts have powers to grant interim compensation in motor accident cases before final adjudication.
Judgment:
The Supreme Court held that courts could grant interim compensation to meet immediate needs of the victim.
Significance:
Expanded interim compensation concept to civil negligence cases pending trial.
Case 6: K. Laxman v. State of Andhra Pradesh (2016)
Facts:
A victim of acid attack sought interim compensation pending trial.
Legal Issue:
Whether courts can order interim financial assistance in cases of grievous bodily harm.
Judgment:
The High Court ordered interim compensation to cover medical expenses during the trial stage.
Significance:
Illustrated courts’ willingness to provide interim relief in cases of severe injury.
Summary & Key Points:
Compensation during trial stage is a progressive concept ensuring victim protection.
Courts have the power under Sections 357 and 357A CrPC to award interim compensation.
Victims of crimes, accidents, terrorism, and human rights violations benefit from such relief.
Compensation is not dependent on conviction and serves humanitarian and justice objectives.
States are encouraged to formulate victim compensation schemes for structured relief.
Courts emphasize timely and fair compensation to prevent undue hardship.
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