IMPLEMENTATION OF VICTIM COMPENSATION SCHEME IN INDIA: JUDICIAL TRENDS

AUTHOR – HERSHIKA A S* & MS.T. VAISHALI**

* STUDENT AT SCHOOL OF EXCELLENCE IN EAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY EMAIL

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY,

BEST CITATION – HERSHIKA A S & MS.T. VAISHALI, IMPLEMENTATION OF VICTIM COMPENSATION SCHEME IN INDIA: JUDICIAL TRENDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 873-886, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the evolution, contours, and implementation of the Victim Compensation Scheme (VCS) in India with a focus on Section 357, 357A–357C of the Code of Criminal Procedure, 1973 (CrPC), constitutional jurisprudence under Articles 21, 14 and 32/226, and special regimes (e.g., the SC/ST Act, POCSO, and acid-attack specific directions). It traces how the Supreme Court’s public law compensation jurisprudence transformed victim relief from a discretionary adjunct to a rights-based entitlement. Through doctrinal analysis of leading judgments and statutory materials, the paper identifies persistent challenges such as inter‑State disparities, delays, and limited victim awareness and proposes a calibrated policy roadmap for uniform, timely, and holistic victim rehabilitation consistent with restorative justice. The Indian criminal process historically emphasized the offender, the detection of crime, trial, and punishment, while the victim’s needs for medical, psychological, and economic rehabilitation often remained peripheral. Over the last four decades, the Supreme Court progressively recognized compensation as a public law remedy for infringement of fundamental rights, most notably the right to life and personal liberty under Article 21. The paper traces this shift from discretionary relief to a rights-based entitlement, examining statutory provisions, the role of Legal Services Authorities, and case law interpretations that have expanded the scope of compensation.

KEYWORDS: Victim compensation scheme, Criminal procedure, Victim rights, Compensation, Constitutional rights