Interim Compensation During Trial
🔹 What is Interim Compensation During Trial?
Interim Compensation refers to a temporary or provisional payment awarded to a victim or complainant during the pendency of a trial. This compensation is intended to provide immediate financial relief or justice to the victim, especially when the trial is expected to be lengthy, and the victim faces hardships or losses.
Why Interim Compensation?
Victims often suffer financial, emotional, or physical distress even before the case concludes.
Delayed justice might render final compensation ineffective or meaningless.
It helps maintain the dignity of the victim during the legal process.
Recognizes that justice delayed is justice denied.
🔹 Legal Basis for Interim Compensation
While there is no specific statute explicitly mandating interim compensation in criminal trials, various courts have derived powers under:
Section 357A of the Code of Criminal Procedure (CrPC) – Victim compensation scheme.
Article 142 of the Constitution of India – To do “complete justice”.
Courts’ inherent powers to award interim relief in criminal and civil proceedings.
Public Interest Litigation (PIL) powers.
📚 Important Cases on Interim Compensation During Trial
✅ 1. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Facts:
This landmark case dealt with the compensation awarded to the victim's family in a case of custodial death.
Judgment:
The Supreme Court held that awarding compensation is part of “complete justice” under Article 142. It recognized the need for victims or their families to get interim or immediate relief, especially in serious cases involving custodial violence or wrongful acts by the state.
Significance:
This case laid the foundation for courts to award compensation during ongoing legal proceedings, emphasizing victim dignity and state accountability.
✅ 2. State of Rajasthan v. Om Prakash (2006) 12 SCC 254
Facts:
The victim family sought interim compensation during the trial of a murder case.
Judgment:
The Supreme Court directed the state government to pay interim compensation to the victim's family during the trial, stating that waiting for the trial’s conclusion could be unjust and impractical.
Significance:
Affirmed the principle that compensation can be awarded provisionally to ease the victim’s suffering.
✅ 3. Laxmi Mandal v. Deen Dayal Harinagar Hospital (2012) 7 SCC 549
Facts:
In a medical negligence case, the victim's family sought interim compensation due to prolonged litigation.
Judgment:
The Supreme Court reiterated the courts’ power to award interim compensation to ensure justice, noting that prolonged trials can cause immense hardship to victims.
Significance:
The judgment reinforced courts’ power to grant interim monetary relief even in civil or quasi-criminal proceedings.
✅ 4. Bhagwan Dass v. Union of India (1988) 3 SCC 177
Facts:
The petitioner sought compensation during trial for injuries caused by police excesses.
Judgment:
The Court held that compensation can be awarded at any stage if it serves justice, particularly where victims face undue hardship. It emphasized that interim relief is part of the broader constitutional obligation.
Significance:
Expanded the scope of compensation to include interim stages, not only final judgments.
✅ 5. M.C. Mehta v. Union of India (1987) 1 SCC 395
Facts:
The case involved victims of the Taj Trapezium environmental pollution issue.
Judgment:
The Supreme Court ordered interim monetary relief to victims and emphasized the court’s responsibility to ensure effective and timely justice, including interim compensation during ongoing litigation.
Significance:
Set precedent for awarding interim compensation in public interest and environmental litigation affecting large groups.
✅ 6. Sunil Batra v. Delhi Administration (1978) 4 SCC 494
Facts:
Prisoners sought interim relief and compensation for custodial conditions during the trial.
Judgment:
The Court allowed interim compensation to prisoners suffering due to inhumane conditions, stating that victims do not have to wait till trial end for relief.
Significance:
Pioneered the concept of interim relief and compensation in human rights cases.
⚖️ Summary Table of Key Principles
| Principle | Case | Explanation |
|---|---|---|
| Compensation as part of complete justice | State of Punjab v. Gurmit Singh | Courts can award interim compensation to uphold justice. |
| Interim compensation eases victim hardship | State of Rajasthan v. Om Prakash | Compensation during trial prevents injustice due to delays. |
| Interim relief applies in civil and criminal cases | Laxmi Mandal v. Deen Dayal Hospital | Courts can grant provisional relief irrespective of case nature. |
| Compensation possible at any trial stage | Bhagwan Dass v. Union of India | Victims can get compensation before final verdict. |
| Interim compensation in public interest cases | M.C. Mehta v. Union of India | Courts ensure timely relief for large affected groups. |
| Interim relief in human rights cases | Sunil Batra v. Delhi Administration | Relief during trial ensures protection of human dignity. |
📝 Conclusion
Interim compensation during trial is an evolving area of law that reflects the judiciary’s proactive role in protecting victim rights and ensuring timely justice. While no statute explicitly mandates it in all cases, courts have increasingly used their constitutional and procedural powers to award interim compensation to prevent undue hardship to victims during long trials.
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