Awareness about the victim compensation scheme seems to be percolating down to victims of criminal cases, with ₹1.87 crore being disbursed under the scheme during the last financial year.
K. Sathyan, member secretary, Kerala State Legal Services Authority (KELSA), the nodal agency for distributing the compensation, said there was a lack of awareness among victims. But KELSA has been doing its bit for increasing awareness about the scheme.
The scheme was formulated in 2014 in terms of the Section 357A of the Criminal Procedure Code. The scheme provides for compensation to victims or his/her dependants who have suffered loss or injury as a result of the crime and require rehabilitation.
The KELSA secretary said compensation was awarded on 66 applications in 2016-17. While compensation were given to victims of nine murder cases, 41 victims got compensation in cases under the Protection of Children from the Sexual Offences Act (POCSO).
The process
As per the scheme, victims or dependants of victims are awarded compensation on the recommendations of courts, or on an application filed by them. Compensation is awarded in cases where the offender is not traced or identified but the victim has been identified and trial has not commenced.
In cases where the crime has occurred outside the State and if the victim is in the State, the victim shall be eligible for interim relief.
Once an application or court’s recommendation is received, the District Legal Services Authority would award the compensation after conducting an inquiry. The authority would examine and verify the claim and take a call on the quantum taking into account the loss caused to the victim, medical expenses and the sustenance amount.
Besides, the scheme also envisages immediate medical aid or free medical benefits on certification of the police officer or a judicial or executive magistrate of the area. The compensation would be disbursed in a single lump sum or in two instalments. The decision of the District Legal Services Authority is final. However, the KELSA has the power to reopen a case.
Fund source
The fund comes from budgetary allocation in the State budget, receipt of fines imposed under Section 357 of the CrPC, donations from international or national charitable institution and individuals. The maximum compensation to be awarded to victims of crimes range from ₹50,000 to ₹5 lakh.
