PROVISIONS FOR VICTIM ASSISTANCE:RESTITUTION : EX-GRATIA GRANT;COMPENSATION FOR VICTIMS OF CRIME AND ABUSE OF POWER.

Ajay Singh Rathore

Provisions for Victim AssistanceConcept of Restorative Justice:

Providing :-

Restitution- Ex-Gratia Grants; and

Compensation.

Restitution:Restoring act or giving an equivalent for

any loss or injury,Made by offender/accused or by third

party,Should provided to Victims, it’s

dependants or family members,May return to society, (in case of harm

to environment)Govt authority or agency will

responsible in case of govt official violated the law.

Restitution: ProvidesTo victims of crime:

◦Money,

◦Artificial Limbs,

◦Rectification of disfigurement by cosmeticsurgery,

◦Sewing Machines,

◦Tri-cycles,

◦Crutches,

Restitution: ProvidesTo society (in case of harm to environment):◦Restoration of the environment,

◦Reconstruction of the infrastructure,

◦Replacement of community facilities,

◦Reimbursement of the expenses of relocation

Restitution: Ex-Gratia Grants

A sum of money paid when there was no obligation or liability to pay it,

Provided as a favor,

Not compelled by legal rights,

To restore the loss or damage to personal property (clothing, spectacles)

Restitution: Ex-Gratia Grants

Recent examples:

◦UP announces ex-gratia of Rs 20 lakh each to constables` kin, (16th June, 2014)

◦Andhra CM announces Rs 2 lakh ex gratia for explosion victims, (20th Oct, 2014)

◦Ex-gratia paid to victims of Hyderabad twin blasts, (3rd Mar, 2013)

Source- Zee News

COMPENSATION:

It is an attempt to lighten some of immediate costs of victimization suffered by some individuals,

U.N. declaration of basic principles of justice for victims of crime and abuse of power recognized it as a right of victims,

Mainly it includes the providing money to victims, dependants or family members,

U.N. Declaration also suggested- National Funds for Compensation of Victims of Crime;

Developed countries like U.S.A, U.K., Australia and New Zealand etc. also adopted compensatory jurisprudence

First by New Zealand in 1963, United Kingdom in 1964, Australia in 1967 etc

In India: Cr.P.C. (Amendment) Act, 2008 (5 of 2009): “Victim compensation scheme” introduced,

Rajasthan victim compensation scheme 2011,

COMPENSATION:

Rajasthan Victim Compensation Scheme,

2011:ProvidesS N Particulars of loss or injury Maximum

Limit of compensation

1. Loss of Life. Rs, 2,00,000/-

2. Loss of any limb or part of the body resulting 80% or above Handicap. Rs, 1,00,000/-

3. Loss of any limb or part of the body resulting 40% and below 80% Handicap.

Rs, 50,000/-

4. Rape of Minor Rs, 3,00,000/-

5. Rape Rs, 2,00,000/-

6. Rehabilitation Rs, 1,00,000/-

7. Loss of any limb or part of the body resulting 40% Handicap. Rs, 25,000/-

8. Loss of any injury causing sever mental agony to women and child victims in case like Human Trafficking

Rs, 25,000/-

9. Simple loss or injury to child Rs, 20,000/-

10. Permanent disfiguration of the head or face by acid Rs, 2,00,000/-

Financial help,

Expenses during investigation,

Expenses during the trial,

Lost wages,

Funeral expenses,

Medical expenses,

COMPENSATION: PROVIDES

M/S Interglobe Aviation Ltd. vs Mr. Satchidanand on 4th July, 2011. (10,000 Compensation & 2500 Costs) : Indiakannon

“Rs 5,00,000 for illegal detention: Bombay HC to Govt” (Illegally detention by Pune Police Crime Branch for five days in 2012) : DNA

“CM Arvind Kejriwal announces compensation for Rs 20,000 per acre for damaged crops to Delhi farmers” : NDTV

“Demands for Compensation for victims of Crime in Kerela” : TOI

COMPENSATION: PROVIDES

Conclusion: Restitution: only serves as a

Hypothesis; An Alternative- For Compensation; Compensation : A Statutory Right; Ensure delivery of total justice; The whole purpose of the provision is

to accommodate the interests of the victims in the criminal justice system.

Thank You

for yourkind

Attention.

Query, if any please !