Question
Download Solution PDFThe Victim compensation scheme was inserted and made a part of the _________
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Code of Criminal Procedure.
Key Points
- The Victim Compensation Scheme was introduced under Section 357A of the Code of Criminal Procedure (CrPC).
- It was inserted into the CrPC through the Code of Criminal Procedure (Amendment) Act, 2008, which came into effect on December 31, 2009.
- This scheme mandates every state government to prepare a Victim Compensation Scheme to provide compensation to victims of crime or their dependents.
- The compensation is provided for rehabilitation, covering medical expenses, and other essential needs of the victim after suffering harm due to a crime.
- The National Legal Services Authority (NALSA) has issued a model Victim Compensation Scheme, which acts as a guideline for states to implement their respective schemes.
Additional Information
- Section 357A of CrPC:
- This section was inserted to empower courts to order compensation to victims in addition to fines imposed on the accused.
- If the compensation under Section 357 is inadequate or not ordered, the victim can seek compensation under Section 357A.
- Role of State Legal Services Authority (SLSA):
- SLSAs are responsible for assessing and disbursing compensation to victims under the Victim Compensation Scheme.
- They ensure timely and just compensation to victims irrespective of the trial's outcome.
- Categories of Crimes Covered:
- Compensation is provided for victims of heinous crimes like rape, acid attacks, human trafficking, and even homicide.
- Each state has its guidelines for the amount of compensation based on the crime's severity.
- Significance:
- The scheme ensures that victims of crimes are not overlooked in the criminal justice system.
- It upholds the principle of restorative justice by focusing on victim rehabilitation and support.
- Limitations:
- Implementation of the scheme varies across states, leading to inconsistency in compensation amounts.
- Lack of awareness among victims about this scheme often results in underutilization.
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