penology n victimilogy
pooja malik
Fine (Penalty)
PENOLOGY AND VICTIMOLOGY TOPIC: COMPENSATION FOR VICTIMS OF CRIME SUBMITTED TO: SUBMITTED BY: MS. MONIKA YADAV POOJA
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PENOLOGY & VICTMOLOGY MODULE - II THEORIES OF PUNISHMENT PUNISHMENT Punishment, according to the dictionary, involve
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PENOLOGY AND VICTIMOLOGY TOPIC: COMPENSATION FOR VICTIMS OF CRIME
MS. MONIKA YADAV
(ASSISTANT PROFESSOR)
(16RU11015) B.A. LL.B VIITH SEMESTER
BIBLIOGRAPHY  
www.ipleaders.com www.indiankanoon.com
  
www.scconline.com Kelkar's Textbook on Criminal Procedure Prof. V. Paranjape's Textbook- Criminology, Penology and Victimology
VICTIM OF CRIME The legal definition of victim includes a person who has suffered direct or threatened physical, emotional or pecuniary harm as a result of the commission of crime; or in the case of victim being an institutional entity, any of the harms by an individual or authorised representative of another entity1.We can also say that a victim is any person, group, or entity who have suffered harm, injury or loss due to illegal activities of others. The harm may be economical, mental, or physical. A person will be considered as a victim even when the offender is not identified or prosecuted. Term victim also includes individuals who have suffered harm as a result of assisting victims in distress or to prevent victimization. Not only the person who suffered loss or injury are the victim, but in some cases, the near and dear of victims (family members) are also the victims.
COMPENSATION Ubi jus, ibi remedium is the basic principle in the tort that states that there is no wrong without a remedy and the rule of law requires that wrongs should not remain unredressed. The compensation constitutes an important remedial measure in tort law and the principles relating to the determination of damages and compensation in tort are well established. However, the term "Compensation" in present context means amends for the loss sustained. Compensation is anything given to make things equivalent, a thing given to make amends for loss, recompense, remuneration or pay2. It is a sign of responsibility of the society which is civil in nature representing a non-criminal purpose and end3. Compensation, as distinct from damages is used in relation to a wrongful act, which cause the injury4. Therefore, compensation means the money which is given to compensate for loss or injury, whole purpose of compensation is to make good the losses sustained by the victim of crime or by the legal representative of the deceased or who has suffered of pecuniary loss or non pecuniary loss.
Dr Krishna Pal Malik, Penology, victimology and correctional administration in India,213 ( 2012) State of Gujarat v. Shantilal, AIR 1969 SC 634 at 644. 3 Devasia, V.V. and Devasia, L. Criminology, Victimology and Corrections 4 General Manager, Kerala State Road Transport v. Saradhamma, 1987ACCJ 926 Kerala 2
NEED FOR VICTIM COMPENSATION The object of granting compensation to the victim is to alleviate the sufferings of the victim, to make the loss easier to bear for the victim and his family, re humanise victims and restore their dignity. It also has its object to encourage the victim to report the crime and cooperate with the criminal justice system. Victim compensation is a novel idea and if successfully meted out it retains the equity between the injured and the injurer. Victim's ego gets satisfied and he feels sense of belongingness and security in the society.
LAWS GOVERNING COMPENSATION OF VICTIMS OF CRIME IN INDIA 
The provisions relating to compensation to victims of crime are contained in sections 357, 357(1), 357 (2), 357 (3), 357A, 358, 359 and 250 of the Code of Criminal Procedure, 1973.
The Indian Constitution enunciates no specific provision for victims. However, Part IV, Directive Principle of State Policy, Art 41 and Part V, Fundamental Duties, Art 51A lay down the duty of the state to secure "the right to public assistance in cases of disablement and in other cases of undeserved want" and to "have compassion for living creatures" and "to develop humanism" respectively. These articles have been interpreted in an expansive manner to find support for victims of crimes. The right to compensation has also been interpreted as an integral part of right to life and liberty under Art. 21 of the Constitution. As early as in 1983, the Supreme Court recognized the petitioner's right to claim compensation for illegal detention and awarded a total sum of Rs. 35000 by way of compensation5.
Victim compensation under The Code of Criminal Procedure, 1973 WHERE CONVICTION AND FINE IS PART OF THE SENTENCE When an accused is proven guilty, and the court passes an order which contains a fine of any denomination, the court can order such fine or any part of it to be paid to the victim 5
RudulSah v. State of Bihar, 1983
of crime. The fine imposed is utilised to compensate the victim of fine in the following ways. 1. Compensating for the expenses incurred during litigation 
This is the essential relief which a victim of a crime must get. Litigation costs in India are very arbitrary. The lawyer charges hefty amount. Getting justice at times adds to the burden of the victim itself. Instead of getting justice, the victim is trapped in the honeycomb of justice delivery system.
The court knows this fact and thus, compensate victim by providing them the expenses incurred during litigation.
2. Compensation for loss or injury to be recovered by the civil court 
If the court is of the view that, the compensation sought is beyond the jurisdiction of the court, the court itself orders the appropriate court to look into the matter.
In the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court.
3. Compensation in case of death 
In case of death of the victim, the family of the victim is compensated as they go through mental trauma, medical expenses incurred, expenses during last rites and the victim could be the sole bread earner of the family.
The Court is well aware of such situation. Therefore, the legislature and the judiciary tied their hands to do complete justice
Victims are entitled to recover damages from the person sentenced for the loss resulting to them from such death. When any person is convicted of any offence for having caused the lives of another person or of having abetted the commission of such a crime.
4. Compensation of victim of crime in offences like theft, cheating, criminal breach of trust, etc 
In cases of crime such as theft, cheating, criminal breach of trust, criminal misappropriation, the Court either tries for recovery of goods and in the case where recovery is not possible court orders for compensation for the price of such goods.
COMPENSATION WHERE FINE IS NOT A PART OF THE SENTENCE The accused person in such case may be ordered by the court to pay a certain sum as compensation to the victim of crime who suffered loss or injury. Indian legal system is victim friendly. Victim's rights are kept at the top of the priority list. When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.
VICTIM COMPENSATION SCHEME In 2009, the central government gave directions to every state to prepare a scheme which has to be in agreement with the centre's scheme for victim compensation. The primary purpose of the scheme is to provide 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. Quantum of compensation under the scheme It is the court which orders that the victim who suffered loss needs to get compensated. Under the scheme, 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, decides the quantum of compensation to be awarded. Compensation in cases where the accused is not found guilty or the culprits are not traced Where the cases end in acquittal or are discharged, and the victim has to be rehabilitated, the court may make a 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 an award of compensation. Who is to provide compensation in the above case
The State or the District Legal Services Authority shall, after due enquiry-award adequate compensation by completing the inquiry within two months.
Also, it is the duty of the State or the district legal service authority to provide an immediate first-aid facility or medical benefits to the victim free of cost on the certificate of the police.
Treatment of victim of crime All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under the following of the Indian Penal Code, 
376 (Rape)
376A (intercourse by a man with his wife during separation)
376 B (intercourse by a public servant with a woman in his custody), 376 C (Intercourse by superintendent of jail or a remand home), 376 D (intercourse by any member of the staff of a hospital with any woman in that hospital) of the Indian Penal Code.
376 C (Intercourse by superintendent of jail or a remand home),
376 D (intercourse by any member of the staff of a hospital with any woman in that hospital) of the Indian Penal Code.
What to do in case of inadequate compensation If the trial Court, at the conclusion of the hearing, 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 a recommendation for compensation. When is the compensation to be provided 
Along with the duty of the offender, it is the duty of the state too, to compensate the victim. Compensation to the victim of crime can be provided:
At the conclusion of the trial. That is on the orders of the court.
When inadequate compensation is granted by the lower court to the victim of crime, the Appellate Court might increase the compensation.
Where accused is not traceable, it becomes the duty of the state to compensate the victim of the crime.
CONCLUSION In the present times the concept of compensation in criminal cases in India has taken pace. We have specific laws and machinery for the same. But there are situations where the authorities have released the compensation but it do not reach in the hands of the victim. This is an unforeseen situation which can further worsen the situation of the victim. Though there are legal service authorities to help the victims with such situations but it is great pain for the victim to run errands to receive what is rightfully his. Hence the machinery needs improvement.
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