Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNSS 2023Chapter XXICrPC: CrPC Section 357A

Section 356

Victim compensation scheme

Trial of Summons Cases by Magistrates

Plain English Explanation

State governments must maintain a victim compensation fund. Courts can recommend compensation for victims. The DLSA or SLSA will determine the actual amount and must complete enquiry within 2 months. Key new feature: courts can recommend compensation for victims EVEN BEFORE the trial is concluded — providing immediate financial relief. Victim compensation is in addition to any other legal remedies (like civil suit for damages).

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 356

(1) The State Government shall, in co-ordination with the Central Government, prepare a scheme for providing funds for the purpose of compensation to the victims or their dependants who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by a Court for compensation under sub-section (4) of section 396, 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). (3) The victim or his dependant may, in addition to filing application under sub-section (2), file an application for compensation before the State or District Legal Services Authority. (4) The Legal Services Authority shall, after due enquiry, award adequate compensation by completing the enquiry within two months. (5) The compensation awarded under this section shall, subject to the provisions of section 396, not affect or reduce any other compensation to which the victim may be entitled under any other law for the time being in force. (6) Where the trial court is satisfied, on perusal of the police report or the complaint filed in relation to an offence, that the rehabilitation of a victim is required, it may make recommendations for compensation even before the conclusion of the trial.

Keywords

victim compensationvictim rightscompensation schemeDLSASLSArehabilitationinterim compensationpre-trial compensation

Related Sections

CrPC Equivalent

CrPC Section 357A

View CrPC (Repealed) →

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