Victim Compensation Scheme Framed As Per Apex Court Directions: Home Deptt

KL Report

SRINAGAR

Responding to the comments made by some  political parties and other organizations about the revision under the victim compensation scheme notified by the Government carried in a section of Press, the Spokesman of the Home Department clarified that the Supreme Court of India in the case of Laxmi (minor) Vs Union of India and others, inter-alia, directed the Union Government/State Governments to formulate Victim Compensation Schemes as per the provisions of Section 357-A of the Code of Criminal Procedure, 1973 Act (Amendment Act, 2008) for providing funds for purposes of compensation to the victim or his dependents who have suffered loss or injury as a result of crime and who require rehabilitation, in particular acid attack victims.

Pursuant to the orders of the Apex Court, the preparation of Scheme was mandatory for each State/Union Territory. Each State/Union territory was required to file a compliance report before the Apex Court. Almost all States/Union Territories have notified their Victim Compensation Schemes.

Since the Central Code of Criminal Procedure, 1973 is not applicable in the State of J&K, therefore, an analogous provision was inserted in J&K CrPC mandating the State Government to formulate a Scheme for purposes of providing compensation to the victims of crimes as per the orders of the Hon’ble Supreme Court.

Accordingly, the Victim Compensation Scheme was notified vide SRO 229 dated 23rd April, 2013. Subsequently, pursuant to the directions of the State Cabinet, the rates of compensation have been revised.

The Victim Compensation Scheme is aimed at providing financial help to the victims of crime for their treatment, after-care and rehabilitation etc. While the Scheme provides for payment of compensation to the victims of crime, at the same time, it does not absolve an offender of his crime and he has to be tried in accordance with law. Thus the Scheme envisages assistance to the victims of various crimes in their treatment, rehabilitation; reduce the recurrence of crime in the society and take action against the perpetrators of the crime in accordance with the law so as to bring them to justice.

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