The Haryana Victim Compensation Scheme, 2020 (Part-I & II) (in short HVCS 2020) has been framed under Section 357-A of the Code of Criminal Procedure and has been notified on 1st June, 2020. The objective of the scheme is to provide Compensation to the victim or his/her dependents who have suffered loss or injury as a result of crime and who require rehabilitation.
While exercising the powers conferred on the State Government under Section 357A Cr.P.C. the first Victim Compensation Scheme namely “The Haryana Victim Compensation Scheme, 2013” was framed by the State Government of Haryana. It was notified on 3rd April, 2013 and further amended on 28th August, 2015 and on 27th October, 2016.
Hon’ble Supreme Court of India in Writ Petition No. 565 of 2012, titled “Nipun Saxena versus Union of India & others” issued directions to National Legal Services Authority to set up a Committee for preparation of a model Scheme on Victim Compensation Scheme for victims of sexual offence, rape and acid attack. Accordingly, NALSA set up a committee and after brainstorming a draft Victim Compensation Scheme namely “NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018” was prepared and put up before the Hon’ble Supreme Court on 24th April, 2018. On 05.09.2018 the said Scheme was accepted by Hon’ble Supreme Court of India and instructions were issued with regard to implementation of the Scheme. Thereafter NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018 was notified.
The difference between the Haryana Victim Compensation Scheme, 2013 (as amended from time to time) and NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018 was only about the victims which were covered in both the Schemes. The NALSA’s Scheme covered only women victims of sexual assault, rape, acid attack and other crimes. On the other hand, the Haryana Victim Compensation Scheme, 2013 covered all the victims of offences scheduled. Both the Schemes remained functional upto 2020.
Thereafter, while exercising the powers conferred on the State Government under Section 357A of the Code of Criminal Procedure Code, the Government of Haryana framed 2(two) different Schemes for the purposes of Compensation:
At present only these 2 schemes are in existences which have been notified on 1st June, 2020 together.
The Scheme if meant for providing funds for the purpose of compensation to the victim of his/her dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
Haryana Victim Compensation Scheme, 2020 (Part-I) is a scheme for all victims except for victims covered under Part-II. Haryana Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020 (Part-II) is for special women victims/Survivors of Sexual Assault and other crimes.
In Haryana Victim Compensation Scheme, 2020 (Part-I), “victim” means victim as defined under the Code of Criminal Procedure, 1973. However, in Haryana Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020 (Part-II), “Sexual Assault Victims” means female who has suffered mental or physical injury or both as a result of sexual offence including sections 354 (A) to 354 (D), section 376(A) to 376(E) and section 509 of the Penal Code and “Woman Victim/survivor of other crime” means a woman who has suffered physical or mental injury as a result of any offence mentioned in the attached schedule including sections 304 B, Section 326A, section 498A of the Panel Code (in case of physical injury of the nature specified in the schedule) including the attempts and abetment.
The Part-II of Scheme does not apply to minor victims under the POCSO Act, 2012 in so far as their compensation issues are to be dealt with only by the Ld. Special Courts under section 33(8) of POCSO Act, 2012 and Rule (7) of the POCSO Rules, 2012.
The eligibility criteria and procedure for compensation are mentioned in next windows.
The Haryana Victim Compensation Scheme, 2020 (Part-I) provides for compensation the victims of Acid Attack, Physical Abuse of minor, Human Trafficking, Sexual Assault (excluding rape), Death, Permanent Disability, Partial Disability, Burns affecting greater than 25 % of the body (excluding acid attack cases) and victims of cross border firing.
The Haryana Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020 (Part-II) provide for compensation to the victims of Loss of Life, Gang Rape, Rape, Unnatural Sexual Assault, Loss of any Limb, Grievous physical injury or any mental injury requiring rehabilitation, Loss of Foetus i.e. Miscarriage as a result of Assault or loss of fertility, In case of Pregnancy on account of rape, victims of Burning, Victims of Acid Attack.
On the recommendation of Ld. Trial Courts, the compensation is to be granted by DLSAs as per Schedules as given in the end of above mentioned schemes.
In order to claim compensation under the Haryana Victim Compensation Scheme, 2020 (Part-I) as per clause-4, the eligibility for compensation is as under :-
4. (1) A victim shall be eligible for the grant of compensation where,
(2) The employees of the Central or the State Government, Boards, Corporations and Public Undertaking and income tax payees shall not be eligible under this scheme.
In order to claim compensation under the Haryana Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020 (Part-II) as per clause-4, the eligibility for compensation is as under :-
“4. A woman victim or her dependent (s) as the case may be, shall be eligible for grant of compensation from multiple schemes applicable to her. However, the compensation received by her in the other schemes with regard to section 357-B of the Code shall be taken into account while deciding the quantum in the such subsequent application.
Under clause-5 of Haryana Victim Compensation Scheme, 2020 (Part-I), the procedure for grant of compensation is as under :-
5. (1) Whenever a recommendation is made by the Court under sub-section (2) of section 357-A of the Act or an application is made by any victim or his dependent under sub-section (4) of section 357-A of the Act to the District Legal Services Authority, the District Legal Services Authority shall examine the case and verify the contents of the claim with regard to the loss orinjury caused to victim and arising out of the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness of the claim. After verifying the claim and by conducting due enquiry, the District Legal Services Authority shall award compensation within two months, in accordance with provisions of this scheme.
(2) Compensation under this scheme shall be paid subject to the condition that if the trial court while passing judgment at later date, orders the accused persons to pay any amount by way of compensation under sub-section (3) of section 357 of the Act, the victim/claimant shall remit an amount equal to the amount of compensation, or the amount ordered to be paid under the said sub-section (3) of section 357 of the Act, whichever is less. An undertaking to this effect shall be given by the victim/claimant before the disbursal of the compensation amount:
Provided that the compensation payable under this Scheme shall be in addition to the payment of the fine to the victim under section 326-A of the Indian Panel Code, 1860 (Central Act 45 of 1860).
(3) The District Legal Services Authority shall decide the quantum of compensation to be awarded to the victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including such incidental charges as funeral expenses etc. The compensation may vary from case to case depending on fact of each case.
(4) The quantum of compensation to be awarded to the victim or his dependents shall be as per Schedule-1.
(5) The amount of compensation decided, under the scheme shall be disbursed to the victim or his dependents, as the case may be, from the fund. While making payment of amount of compensation, the District Legal Services Authority shall ensure that all the provisions of this scheme are strictly complied with.
(6) Notwithstanding anything in this scheme, the Acid Attack Victim shall be paid an amount of Rs. l Lakh rupees within fifteen days of the occurrence of the incident and the balance amount of Rs. 2 Lakh rupees shall be paid as expeditiously as may be possible and positively within two months.
(7) The compensation determined to be paid to minor shall be deposited in the fixed deposit.
(8) Compensation received by the victim from the State in relation to the crime in question, namely, insurance, ex-gratia and/or payment received under any other Act or 'Rajiv Gandhi Pariwar Bima Yojna', or any other State-run scheme, shall be considered as part of the compensation amount under this scheme. The victim/claimant who has received compensation amount from collateral sources mentioned above shall be deemed to be compensated under this scheme and shall not be entitled to separate compensation under this scheme. If the eligible compensation amount exceeds the payments received by the victim form collateral sources mentioned above, the balance amount shall be paid out of fund.
(9) The cases covered under Motor Vehicle Act, 1988 (Central Act 59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under the scheme.
(10) The District Legal Services Authority, 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 Magistrate of the area concerned, or any other interim relief, as it may deem fit.
Under clause-9 of Haryana Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020 (Part-II), the procedure for grant of compensation is as under :-
9. (1) Wherever, a recommendation is made by the court for compensation under sub¬ sections (2) and/or (3) of section 357A of the Code, or an application is made by any victim or her dependent(s), under sub-section (4) of section 357A of the Code, to the State Legal Services Authority or District Legal Services Authority, for interim compensation it shall prima-facie satisfy itself qua compensation needs and identity of the victim. As regards the final compensation, it shall examine the case and verify the contents of the claim with respect to the loss/injury and rehabilitation needs as a result of the crime and may also call for any other relevant information necessary for deciding the claim:
Provided that in deserving cases and in all acid attack cases, at any time after commission of the offence, Secretary, State Legal Services Authority or Secretary, District Legal Services Authority may suo-moto or after preliminary verification of the facts proceed to grant interim relief as may be required in the circumstances of each case.
(2) The inquiry as contemplated under sub-section (5) of section 357A of the Code, shall be completed expeditiously and the period in no case shall exceed beyond sixty days from the receipt of the claim/petition or recommendation:
Provided that in cases of acid attack an amount of One lakh rupees shall be paid to the victim within fifteen days of the matter being brought to the notice of District Legal Services Authority. The order granting interim compensation shall be passed by District Legal Services Authority within seven days of the matter being brought to its notice and the State Legal Services Authority shall pay the compensation within eight days of passing of the order. Thereafter, an amount of Two lakhs rupees shall be paid to the victim as expeditiously as possible and positively within two months of the first payment:
Provided further that the victim may also be paid such further amount as is admissible under this scheme.
(3) After consideration of the matter, the State Legal Services Authority or District Legal Services Authority, as the case may be, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or her dependent(s) taking into account the factors enumerated in clause 8 and Schedule-I. However, in deserving cases, for reasons to be recorded, the upper limit may be exceeded:
Provided, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the Schedule-I.
(4) The quantum of compensation to be awarded to the victim or his dependents shall be as per Schedule-I.
* Victims of acid attack are also entitled to additional compensation of Rs. 1 lakh rupees under Prime Minister's National Relief Fund vide memorandum no. 24013/94/Misc./20I4-CSR-IIl/GoI/MHA dated the 9"' November, 2016.
Victims of acid attack are also entitled to additional special financial assistance up to five Lakh rupees who need treatment expenses over and above the compensation paid by the respective State/VTs in terms of Central Victim Compensation Fund Guidelines-2016, no. 24013/94/Misc/2014-CSR.M,MHA/GoI.
(For Additional Compensation, office of concerned Deputy Commissioner to be approached)
(5) The State Legal Services Authority or District Legal Services Authority may call for any record or take assistance from any Authority/Establishment/Individual/ Police/Court concerned or expert for smooth implementation of the Scheme.
(6) In case trial/appellate court gives findings that the criminal complaint and the allegation were false, then Legal Services Authority may initiate proceedings for recovery of compensation, if any, granted in part or full under this scheme, before the Trial Court for its recovery as if it were a fine.
The applicant can submit application for compensation by visiting to concerned Front Office/District Legal Services Authority. The trial court has also sent the copy of order to concerned DLSA with the recommendation for granting compensation and Special Court under POCSO Act also quantify compensation in POCSO matter and then send to concerned DLSA for disbursing the same. However, documents such as Aadhar Card, PAN Card, Photo, Bank Passbook, Affidavit & Undertaking be submitted along with.
The applicant can also file application for compensation through online portal. The necessary documents required to be uploaded are as under :-
To online apply, click here