Section 357A CrPC: Victim Compensation Scheme under the Code of Criminal Procedure, 1973
Section 357A of the Code of Criminal Procedure, 1973 created a statutory framework for State-funded compensation and rehabilitation of victims of crime. It required every State Government, in coordination with the Central Government, to prepare a victim compensation scheme and entrusted the determination of compensation to the District Legal Services Authority or State Legal Services Authority in the circumstances specified by the section.
Meaning of victim under the CrPC
Section 2(wa) of the CrPC defined a "victim" as a person who suffered loss or injury because of the act or omission for which the accused person was charged. The definition also included the victim's guardian or legal heir. Section 357A supplemented this definition by providing a mechanism for compensation where rehabilitation was required.
Section 357A CrPC: Victim Compensation Scheme
Sub-section (1): State victim compensation scheme
Every State Government, in coordination with the Central Government, was required to prepare a scheme providing funds to compensate victims or their dependents who suffered loss or injury because of crime and required rehabilitation.
Sub-section (2): Determination of compensation
When a Court recommended compensation, the District Legal Services Authority or the State Legal Services Authority, as applicable, had to determine the amount payable under the scheme.
Sub-section (3): Inadequate compensation, acquittal or discharge
At the conclusion of trial, the trial Court could recommend compensation if the compensation awarded under Section 357 CrPC was inadequate for rehabilitation. A recommendation could also be made where the case ended in acquittal or discharge but the victim required rehabilitation.
Sub-section (4): Offender not traced or identified
If the offender was not traced or identified, the victim was identified, and no trial took place, the victim or the victim's dependents could apply directly to the State Legal Services Authority or District Legal Services Authority for compensation.
Sub-section (5): Enquiry within two months
On receiving a Court recommendation or an application under sub-section (4), the State or District Legal Services Authority was required, after due enquiry, to award adequate compensation and complete the enquiry within two months.
Sub-section (6): Immediate relief
To alleviate the victim's suffering, the State or District Legal Services Authority could order immediate first aid or medical benefits free of cost on the certificate of the prescribed police officer or the Magistrate concerned, and could grant other appropriate interim relief.
Section 357A was inserted by the Code of Criminal Procedure (Amendment) Act, 2008, Act 5 of 2009, with effect from 31 December 2009.
When could compensation be sought under Section 357A?
| Situation | Route under Section 357A |
|---|---|
| Court recommends compensation | DLSA or SLSA determines the quantum under the applicable victim compensation scheme. |
| Compensation under Section 357 is inadequate | Trial Court may recommend further compensation for rehabilitation. |
| Case ends in acquittal or discharge | Trial Court may recommend compensation where the victim still requires rehabilitation. |
| Offender is not traced or identified and no trial takes place | Victim or dependents may apply directly to the SLSA or DLSA. |
| Urgent need for medical or other relief | SLSA or DLSA may order immediate first aid, free medical benefits or other appropriate interim relief. |
Role of District and State Legal Services Authorities
The Legal Services Authority was not merely a disbursing body under Section 357A. It was required to examine the recommendation or application, conduct the necessary enquiry, determine adequate compensation under the applicable State scheme, and complete the enquiry contemplated by sub-section (5) within two months.
The amount and detailed eligibility conditions could vary according to the victim compensation scheme applicable in the concerned State or Union Territory. A claimant therefore had to read Section 357A together with the relevant local scheme.
Immediate first aid, medical benefits and interim relief
Sub-section (6) recognized that a victim may need assistance before final compensation is determined. It empowered the competent Legal Services Authority to arrange immediate first aid or medical benefits free of cost upon the prescribed certification and to grant other interim relief considered appropriate.
Related provisions under the CrPC
Section 357A formed part of the CrPC provisions dealing with judgments and compensation. It should be read with Section 357 CrPC - Order to Pay Compensation, Section 357B CrPC - Compensation in Addition to Fine, and Section 357C CrPC - Treatment of Victims.
Position after commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC framework from 1 July 2024, subject to its saving and transitional provisions. The corresponding provision dealing with the victim compensation scheme is Section 396 BNSS. This page remains focused on Section 357A CrPC for proceedings and legal research requiring the pre-BNSS provision.