Victim Compensation Provisions In Bns
1. Introduction
Victim compensation laws recognize the right of victims of crime to receive monetary or other forms of compensation from the state or the offender for physical, psychological, or financial harm suffered. This concept aims to help victims recover and reintegrate into society.
2. Legal Basis
Many countries have enacted specific Victim Compensation Acts or incorporated provisions within their criminal procedure codes.
In India, victim compensation is provided under:
Section 357A of the Code of Criminal Procedure (CrPC), 1973
Section 326A and 326B of IPC (specifically for acid attacks, with compensation provisions)
Guidelines from the Supreme Court under its constitutional powers.
The Criminal Injuries Compensation Board is often set up at state levels to process claims.
3. Key Features
Compensation is awarded irrespective of the offender’s ability to pay.
Covers medical expenses, rehabilitation, loss of earning capacity, and psychological trauma.
Can be claimed for both physical and mental harm.
The court or a designated authority decides the quantum of compensation.
Victim compensation complements, not replaces, the offender’s punishment.
🔹 Case Law on Victim Compensation
⚖️ 1. Bangalore Medical Trust v. B.S. Muddappa (1991) – Supreme Court of India
Facts: The victim was seriously injured due to medical negligence.
Issue: Whether the victim could claim compensation through civil or criminal remedies.
Judgment: Court held victims have a right to compensation, emphasizing that criminal law should incorporate restitution for victims.
Significance: Early case emphasizing victim compensation within criminal justice.
⚖️ 2. Nilabati Behera v. State of Orissa (1993)
Facts: Custodial death of a minor girl; family sought compensation.
Issue: State liability and compensation for custodial deaths.
Judgment: Supreme Court awarded compensation to the victim’s family and held the state liable for human rights violations.
Significance: Established state accountability and compensation for violations of fundamental rights.
⚖️ 3. Laxmi v. Union of India (2014) – Acid Attack Case
Facts: Acid attack survivor petitioned for compensation and victim protection.
Issue: Compensation, medical treatment, and rehabilitation.
Judgment: Supreme Court mandated compensation for acid attack victims along with victim care schemes.
Significance: Highlighted the state's obligation to provide timely compensation and rehabilitation.
⚖️ 4. Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995)
Facts: Victim of defamation and mental trauma.
Issue: Right to compensation for mental and emotional injury.
Judgment: Court recognized compensation for mental agony under tort and criminal law.
Significance: Extended compensation principles to psychological harm.
⚖️ 5. State of Punjab v. Gurmit Singh (1996)
Facts: Victim suffered injuries due to police excess.
Issue: Compensation for victims of police brutality.
Judgment: Supreme Court ordered compensation and accountability.
Significance: Affirmed victim compensation for state violations, including abuse of power.
⚖️ 6. Suman Kumar v. Union of India (2018)
Facts: Victim of sexual assault sought compensation under victim compensation schemes.
Issue: Implementation of compensation and rehabilitation policies.
Judgment: Court directed effective implementation and monitoring of compensation schemes.
Significance: Strengthened procedural safeguards for victim compensation.
⚖️ 7. Parmanand Katara v. Union of India (1989)
Facts: Victim denied medical treatment leading to death.
Issue: Compensation for denial of emergency medical aid.
Judgment: Court ordered compensation for violation of fundamental rights.
Significance: Expanded victim compensation scope to include negligence in emergency care.
🔹 Summary of Victim Compensation Principles
| Principle | Explanation |
|---|---|
| State Liability | State can be held liable to compensate victims of crime or abuse. |
| Compensation Independent of Offender | Victim can receive compensation regardless of offender’s capacity. |
| Coverage | Physical injury, mental trauma, loss of income, rehabilitation. |
| Judicial Activism | Courts proactively ensure victims get compensation and protection. |
| Victim Compensation Boards | Institutional mechanism to dispense victim compensation. |
🔹 Conclusion
Victim compensation provisions under BNSS reflect a shift toward recognizing victims as integral participants in the justice process, providing them relief beyond prosecution of offenders. Judicial decisions have expanded the scope and enforcement of compensation, holding both offenders and the state accountable.
The landmark cases above show the judiciary’s progressive stance in ensuring victims receive monetary aid, rehabilitation, and dignity as part of holistic justice.
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