Explanation of Section 357 A of CrPC

Section 357A of the Criminal Procedure Code- Chapter XXVII

Victim compensation scheme

Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.

Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1)

If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due inquiry award adequate compensation by completing the inquiry within two months.

The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

Case Law:- Serina Mondal v. State of W.B., 2018 SCC Online Cal 4238

Denial of compensation to victim in pursuance to Section 357A CrPC is a violation of Article 21 of the Constitution: Calcutta HC

Calcutta High Court: While deciding the issue of granting compensation to a victim of trafficking, a Single Judge Bench comprising of Rajasekhar Mantha, J., held that the victim was entitled to compensation under W.B. Victim Compensation Scheme 2017 read with Section 357A CrPC.

The victim was identified, traced and brought back from Pune to W.B. Two out of four accused persons were arrested, while the other two remained absconding. The victim filed an application claiming compensation under the Scheme which was framed in pursuance to the mandate provided by Section 357A CrPC.

The application was rejected by concerned District Legal Services Authority and the appeal preferred by the victim was also dismissed by State Legal Services Authority.

The grounds of rejection being that for providing compensation, both the conditions as envisaged under sub-section (4) of 375A needs to be satisfied; namely, first, the accused not being traced or identified, and second, trial not having commenced.

While rejecting the grounds, the High Court observed, if the accused have not been identified, a trial cannot commence anyway. The legislature could not have imposed an occurrence leading to the same result twice over, as a condition precedent. Any multiple conditions must be independent occurrences.

The High Court noted that the object and purpose of the Scheme is, inter alia, that victim of a serious crime, especially women, needs urgent and immediate attention and both physical and mental rehabilitation. Such rehabilitation, from the nature of the scheme and the section, is not dependent on the pace of either investigation or trial.

Further, compensation is awarded under the scheme as formulated pursuant to Section 357A, as the fundamental right of the victim under Article 21 (of the Constitution) have been violated.

Denial of compensation to such victim would continue such violation and perpetrate gross inhumanity on the victim in question.

On the basis of discussion and observations as mentioned herein above, the Court held that the State Legal Services Authority was not right in rejecting victims claim.

Therefore, the petition was allowed and the above-mentioned order was set aside. The matter was sent back to the State Legal Services Authority for fresh assessment to be completed within ten days.

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Denial of compensation to victim in pursuance to Section 357A CrPC is a violation of Article 21 of the Constitution: Calcutta HC   | SCC Blog