A CRITICAL ANALYSIS OF VICTIM COMPENSATION
SCHEME IN INDIA
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SUPERVISOR CERTIFICATE
This is to certify that Aakash Yadav is submitting his dissertation entitled “A CRITICAL
ANALYSIS OF VICTIM COMPENSATION SCHEME IN INDIA” for the award of the
Degree of Master of Law (LL.M) to the (AIALS)AMITY UNIVERSITY NOIDA and has worked
under my guidance and supervision. The present study is a result of his genuine and bonafide
research on the subject. He has carried out of this work carefully, diligently and sincerely. As the
work is complete and he fulfills the requirements for the submission of the dissertation. It is hereby
recommended that it may be accepted for evaluation by the university.
Dr. Ankita Shukla
AMITY INSTITUTE OF
ADVANCED LEGAL STUDIES
(AIALS)
AMITY UNIVERSITY NOIDA
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DECLARATION
I hereby declare that the Dissertation titled “A CRITICAL ANALYSIS OF VICTIM
COMPENSATION SCHEME IN INDIA” is submitted by me AAKASH YADAV (a student of
LL.M) in the partial fulfillment of requirements for the award of the degree of Master of Law
(LL.M) is based on my original research work and this work has been done under the supervision
and guidance of Dr. ANKITA SHUKLA, (AIALS) AMITY UNIVERSITY,NOIDA.
PLACE-NOIDA AAKASH YADAV
DATE- 07/04/2025 LL.M(AIALS)
Reg.No.A03104524069
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ACKNOWLEDGMENT
I am thankful to AMITY INSTITUTE OF ADVANCED LEGAL STUDIES(AIALS),AMITY
UNIVERSITY NOIDA for providing me an opportunity to write a dissertation and providing me
with the appropriate guidance and material to convert my ideas into this dissertation.
I am fortunate to be provided with an opportunity to write my dissertation under the kind
supervision of Dr.ANKITA SHUKLA,(AIALS) AMITY UNIVERSITY,NOIDA. This
dissertation would not have been possible without her valuable inputs, honest remarks and earnest
efforts and support to guide me throughout the drafting of the dissertation. I would like to extend
my sincere gratitude to her for giving me her valuable time to view my research.
I would like to thank my family, whose life-long love and support, encouragement, patience, and
belief in me ultimately made this dissertation possible. I owe my loving and caring parents who
always stood by me to recognize my potential. Their silent prayers, aesthetic love, and affection,
support, and steel belief in my capabilities have enabled me to make this endeavor a successful
one.
I would like to extend my sincere thanks to my friends and seniors for their review and honest
remarks given to me regarding the dissertation.
Above all, I sincerely acknowledge my gratitude to almighty God for his compassion and his
bountiful blessings to complete this venture.
Working on the dissertation has been one of the most enriching experiences for me and has resulted
in amassment of the bulk of highly relevant and functional information.
Dated:07/04/2025 AAKASH YADAV
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LIST OF CONTENT
Certificate i
Declaration ii
Acknowledgement iii
List of abbreviations iv
List of cases ix-xi
Abstract xii-xiii
CHAPTER 1
INTRODUCTION 1-13
1. Introduction 1
1.1 Legal and Historical Background 2
1.2 Key Objectives of the Victim Compensation Scheme 3
1.3 Criticisms of the Scheme 3
1.4 The Need for Reform 5
1.5 Statement of the problem 6
1.6 Research objectives 8
1.7 Research questions 8
1.8 Review of literature 9
1.9 Hypothesis 12
1.10 Research methodology 12
1.11 Tentative chapterization 12
CHAPTER 2
LEGAL FRAMEWORK AND HISTORICAL EVOLUTION
OF VICTIM COMPENSATION 14-25
2.1 Introduction 14
2.2 Early Legislative Efforts 14
2.3 The Role of the National Legal Services Authority (NALSA) 15
2.4 The Criminal Law (Amendment) Act, 2013 15
2.5 The Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 20
2.6 Judicial Contributions in Shaping Victim Compensation 20
2.7 Challenges in Implementation 25
2.8 Conclusion 25
CHAPTER 3
OBJECTIVES AND SCOPE OF VICTIM COMPENSATION SCHEMES 26-50
3.1. Objectives of Victim Compensation Schemes 26
3.1.1 Providing Immediate Financial Relief to Victims 26
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3.1.2 Rehabilitation and Psychological Support 27
3.1.3 Compensation for Loss of Earnings 27
3.1.4 Dissuasion of Crime 27
3.1.5 Promoting Restorative Justice 28
3.2. Scope of Victim Compensation Schemes 28
3.2.1 Types of Compensation 28
3.3 Legal Provisions and Framework for Medical Expenses 29
3.4 Medical Expenses in Crime Victims: Types and Scope 29
3.5 Challenges in the Provision of Medical Expenses 31
3.5.1 Delays in Compensation Disbursement 31
3.5.2 Inadequate Coverage 31
3.5.3 Limited Awareness and Access 32
3.5.4 Loss of Earnings 32
3.5.5 Legal Framework for Compensation for Loss of Earnings 33
3.5.6 Categories of Loss of Earnings 33
3.5.7 Judicial Pronouncements on Loss of Earnings and Compensation 34
3.5.8 Issues and Challenges in Compensation for Loss of Earnings 35
3.5.9 Rehabilitation Costs 36
3.5.10 Legal Framework for Rehabilitation Costs 36
3.5.11 Types of Rehabilitation Costs 37
3.6 Challenges in Providing Rehabilitation Costs 38
3.7 Punitive Compensation 43
3.8 Victim Categories Covered 48
3.9 Limitations and Gaps in Scope 48
3.10 Criticism of Current Compensation Schemes 49
3.11 Conclusion 50
CHAPTER 4
CHALLENGES IN IMPLEMENTATION AND EFFECTIVENESS 51-71
4.1. Procedural Delays in Disbursing Compensation 51
4.1.1. Complex Bureaucratic Procedures 52
4.1.2 The Bureaucratic Landscape of the Victim Compensation Scheme 53
4.1.3 Role of Police Authorities 53
4.1.4 Medical Documentation and Verification 53
4.1.5 Role of Legal Authorities and Court Involvement 54
4.2. Documentation and Verification: A Daunting Process
4.2.1. Need for Extensive Documentation 54
4.2.2. Lack of Access to Legal and Administrative Support 55
4.3. Administrative Inefficiencies and Institutional Challenges 56
4.3.1 Under-resourced Legal Authorities 56
4.3.2 Inadequate Training of Personnel 56
4.4 Delays in Court Proceedings 57
4.5 Causes of Delays in Court Proceedings
4.5.1 Case Backlogs 58
4.5.2 Slow Pace of Legal Proceedings 59
4.5.3 Procedural Complexities 59
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4.6 Consequences of Judicial Delays for Victims 62
4.7 Recommendations for Reform 62
4.8 Inadequate Compensation Amounts 63
4.8.1 Low Compensation Rates 63
4.8.2 Variation Across States 64
4.8.3 Lack of Awareness About the Scheme 64
4.8.4 Limited Outreach and Information Dissemination 64
4.8.5 Need for Legal Aid and Support Systems 65
4.8.6 Exclusion of Certain Crimes from the Scheme’s Scope 65
4.8.7 Economic and Cyber Crimes 65
4.9 The Rise of Digital Crimes in India 66
4.9.1 Gaps in the Current Victim Compensation Scheme 67
4.9.2 Lack of Provisions for Digital and Cyber Crimes 67
4.9.3 Mental Health and Emotional Distress 68
4.10 Emerging Crimes and Their Impact on Victims 68
4.11 Conclusion 71
CHAPTER 5
THE ROLE OF THE JUDICIARY AND GOVERNMENT IN
VICTIM COMPENSATION 72-88
5.1. Judicial Contribution to Victim Compensation in India 72
5.1.1. Landmark Rulings on Victim Compensation 73
5.1.2. Expanding the Scope of Victim Compensation through Judicial Activism 78
5.2. Government Role in Victim Compensation Policies 82
5.2.1. Legislative Efforts to Strengthen Victim Compensation
5.2.1.1. Criminal Law (Amendment) Act, 2013 82
5.2.1.2. The National Legal Services Authority (NALSA) Guidelines 83
5.2.2. Challenges in Government Implementation 86
5.3. Interaction Between Judiciary, Government, and Victims 86
5.3.1. Collaborative Efforts for Victim Relief 86
5.3.2. Victim Compensation and Human Rights 87
5.4 Conclusion 87
CHAPTER 6
CONCLUSION AND SUGGESTIONS 89-98
6.1 Streamlining Bureaucratic Processes 89
6.2 Raising Public Awareness 90
6.3 Standardizing and Centralizing Compensation 92
6.4 Expanding Scope to Emerging Crimes 93
6.5 Holistic Victim Support Beyond Compensation 95
6.6 Victim-Centered Training for Stakeholders 97
6.7 Expediting Judicial Proceedings 98
BIBLIOGRAPHY 99-100
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LIST OF ABBREVIATIONS
AIDS - Acquired Immunodeficiency Syndrome
BJP - Bharatiya Janata Party
BNSS - Bhartiya Nagrik Suraksha Sanhita
CID - Criminal Investigation Department
CJI - Chief Justice of India
CrPC - Criminal Procedure Code
CWC - Child Welfare Committee
FIR - First Information Report
HRC - Human Rights Commission
HRD - Human Rights Defender
IPC - Indian Penal Code
MOHFW - Ministry of Health and Family Welfare
NALSA - National Legal Services Authority
NCDHR - National Centre for Dalit Human Rights
NCRB - National Crime Records Bureau
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NCW - National Commission for Women
NDPS - Narcotic Drugs and Psychotropic Substances
NHRC - National Human Rights Commission
PIL - Public Interest Litigation
RCI - Rehabilitation Council of India
RTI - Right to Information
S.C. - Supreme Court
SC - Supreme Court
SJP - Social Justice Program
SLSA - State Legal Services Authority
TADA - Terrorist and Disruptive Activities (Prevention) Act
UN - United Nations
UNODC - United Nations Office on Drugs and Crime
VCS - Victim Compensation Scheme
WCD - Women and Child Development
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LIST OF CASES
1. B.S. Joshi v. Union of India, (2021) 3 SCC 435.
2. Bashir Ahmad Bhat v. Union of India, (2018) 5 SCC 239.
3. Bhagwan Singh v. State of Uttar Pradesh, (2017) 1 SCC 244.
4. Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490.
5. D.K. Basu v. State of West Bengal, (1997) 1 SCC 416.
6. Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14.
7. Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14.
8. Delhi Domestic Working Women's Forum v. Union of India, (1995) 1 SCC 14.
9. Gulam Mohammed v. State of Maharashtra, (2019) 7 SCC 555.
10. Indian Oil Corporation Ltd. v. Amritsar Gas Service, (1991) 1 SCC 1.
11. Jyothi v. State of Kerala, (2019) 3 KHC 161.
12. K.K. Verma v. Union of India, (2015) 10 SCC 45.
13. Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.
14. Lata Singh v. State of Uttar Pradesh, (2018) 3 SCC 521.
15. M.C. Mehta v. Union of India, (1987) 1 SCC 395
16. Madhuri v. State of Tamil Nadu, (2021) 8 MHLJ 204.
17. Manohar Lal Sharma v. Union of India, (2014) 7 SCC 13.
18. Manohar Lal Sharma v. Union of India, (2014) 7 SCC 13.
19. N. Nagendra Rao & Co. v. State of Andhra Pradesh, (1994) 6 SCC 205.
20. Nandini Sundar v. State of Chhattisgarh, (2011) 3 SCC 133.
21. National Legal Services Authority v. Union of India, (2014) 5 SCC 438.
22. Neha v. State of Madhya Pradesh, (2021) 5 MPLR 110.
23. Nikita v. State of Rajasthan, (2021) 7 RLR 302.
24. Pooja v. State of Uttar Pradesh, (2020) 7 ACR 215.
25. Rajasthan State v. Chhagan Singh, (2014) 5 SCC 244.
26. Rajendra v. State of Bihar, (2020) 4 BCR 225.
27. Rajesh Sharma v. State of Uttar Pradesh, (2019) 7 SCC 68.
28. Rameshwar v. State of Rajasthan, (2017) 6 SCC 120.
29. Rani v. State of Tamil Nadu, (2022) 6 MHLJ 103.
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30. Rani v. State of Uttar Pradesh, (2017) 2 SCC 201.
31. Rani v. State of Uttar Pradesh, (2017) 3 SCC 201.
32. Ravi Kumar v. State of Punjab, (2021) 4 SCC 28.
33. Sangeeta v. State of Haryana, (2016) 8 SCC 55.
34. Savitri Devi v. State of Rajasthan, (2017) 5 SCC 193.
35. Savitri Devi v. State of Rajasthan, (2017) 5 SCC 193.
36. Shakti Vahini v. Union of India, (2018) 8 SCC 68.
37. Shivani v. State of Haryana, (2019) 7 SCC 137.
38. Sita v. State of Maharashtra, (2022) 5 BCR 173.
39. State of Haryana v. Neelam, (2015) 4 SCC 375.
40. State of Maharashtra v. Moinuddin, (2016) 5 SCC 512.
41. State of Maharashtra v. Vithal Kisan Pund, (2015) 4 SCC 67.
42. State of Punjab v. Gurmit Singh, 1996 (2) SCC 384.
43. State of Rajasthan v. Kesar Singh, (2015) 8 SCC 1.
44. State of Rajasthan v. Kesar Singh, (2015) 8 SCC 1.
45. State of Rajasthan v. Pukhraj, (2017) 4 SCC 542.
46. State of Rajasthan v. Smt. Vahida, (2015) 12 SCC 30.
47. State of Rajasthan v. Union of India, (2016) 8 SCC 363.
48. State of Uttar Pradesh v. Ranjana, (2021) 6 SCC 354.
49. State v. Mukesh & Ors., (2017) 1 SCC 456.
50. Suman v. State of Maharashtra, (2022) 4 BCR 243.
51. Suman v. Union of India, (2020) 9 SCC 444.
52. Vinod Kumar v. State of Haryana, (2020) 2 SCC 17.
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