VICTIM COMPENSATION SCHEME IN DELHI, 2015
This scheme provides for funds for the purpose of compensation to the victims or their dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
Compensation can be asked by the Victim himself/ herself or in case the victim is not in a position to ask for compensation then his wife, husband, father, mother, grandparents, unmarried daughter and minor children can ask for the compensation.
ELIGIBILITY FOR COMPENSATION — The victim or his/her dependent(s), as the case may be, shall be eligible for the grant of compensation after satisfying the criteria that he/she should not have been compensated for the loss or injury under any other scheme of the Central Government or the Government
PROCEDURE FOR MAKING APPLICATION BEFORE THE STATE OR DISTRICT LEGAL SERVICES AUTHORITY — An application for the award of interim/ final compensation can be filed by the Victims and/or their Dependents or the SHO of the area and it shall be submitted in Form ‘I’ along with a copy of the First Information Report (FIR), medical report, death certificate, if available, copy of judgment/ recommendation of court if the trial is over, to the State or District Legal Services Authority.
FACTORS TO BE CONSIDERED WHILE AWARDING COMPENSATION - While deciding a matter, the Delhi State Legal Services Authority/District Legal Services Authority may take into consideration following factors relating to the loss or injury suffered by the victim: (1) Gravity of the offence and severity of mental or physical harm or injury suffered by the victim; (2) Expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental health of the victim, funeral, travelling during investigation/ inquiry/ trial(other than diet money); (3) Loss of educational opportunity as a consequence of the offence, including absence from school/college due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason; (4) Loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason; (5) The relationship of the victim to the offender, if any; (6) Whether the abuse was a single isolated incidence or whether the abuse took place over a period of time; (7) Whether victim became pregnant as a result of the offence; (8) Whether the victim contracted a sexually transmitted disease (STD) as a result of the offence; (9) Whether the victim contracted human immunodeficiency virus (HIV) as a result of the offence; (10) Any disability suffered by the victim as a result of the offence; (11) Financial condition of the victim against whom the offence has been committed so as to determine his/her need for rehabilitation. (12) In case of death, the age of deceased, his monthly income, number of dependents, life expectancy, future promotional/growth prospects etc. (13) Or any other factor which the DSLSA/DLSA may consider just and sufficient.
GROUNDS FOR DECLINING THE COMPENSATION — The State or District Legal Services Authority, as the case may be, may decline the compensation giving adequate reasons reduced in writing.
PROCEDURE FOR GRANT OF COMPENSATION — (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 their dependent(s), under sub-section (4) of section 357A of the Code, to the Delhi State Legal Services Authority or District Legal Services Authority, it shall examine the case and verify the contents of the claim with regard to the loss/injury and rehabilitation as a result of the crime and may also call for any other relevant information necessary for consideration of the claim from the concerned: Provided that in exceptional cases of utmost hardship and gravity and in all acid attack cases, at any time after commission of the offence, the Member Secretary/Officer on Special Duty of DSLSA or Secretary, DLSA may suo motu or on an application by the victims/dependents may after preliminary verification of the facts proceed to grant such relief (including interim monetary compensation) 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 Rs. One lakh shall be paid to the victim within 15 days of the matter being brought to the notice of DSLSA/ DLSA. The order granting interim compensation shall be passed by the DSLSA/DLSA within 7 days of the matter being brought to its notice and the DSLSA shall pay the compensation within 8 days of passing of order. Thereafter, an amount of Rs. 2 lakhs 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 DSLSA or DLSA, as the case may be, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or his/her dependent(s) taking into account the factors enumerated in Clause 8 of the Scheme.
(4) The award of compensation under this Scheme shall be subject to the condition that if later on the trial court while passing the Judgment orders the accused person to be pay any amount by way of compensation under section 357 of the Code, the victim shall refund the amount of compensation awarded under this Scheme, or the amount of compensation received in pursuance of the order passed under section 357 of the Code, whichever is less. An Undertaking in Form “II” hereto shall be obtained by the Disbursing Authority from the victim before the disbursal of the compensation amount under this Scheme. (5) The cases covered under the Motor Vehicles Act, 1988 ( Act 59 of 1988) wherein the compensation is to be awarded by the Motor Accidents Claims Tribunal, shall not be covered under this Scheme. (6) The DSLSA/DLSA may call from any record or take assistance from any Authority/Establishment/ Individual/Police/Court concerned or expert for smooth implementation of the Scheme. (7) In case after the disbursement of compensation, at any stage it comes to the notice of DSLSA/DLSA that any relevant fact shared with it during the inquiry for compensation was false, the Authority can initiate proceedings for recovery of part/full compensation awarded after affording an opportunity of being heard to the beneficiary.
METHOD OF DISBURSEMENT OF COMPENSATION — (1) The amount of compensation so awarded shall be disbursed by the DSLSA by depositing the same in a Nationalized Bank or if the branch of a Nationalized Bank is not in existence, it shall be deposited in the branch of a scheduled commercial bank, in the joint or single name of the victim/dependent(s). Out of the amount so deposited, 75% (seventy five percent) of the same shall be put in a fixed deposit for a minimum period of three years and the remaining 25% (twenty five percent) shall be available for utilization and initial expenses by the victim/dependent(s), as the case may be. (2) In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority, but not before three years of the deposit: Provided that in exceptional cases, amounts may be withdrawn for educational or medical or other pressing and urgent needs of the beneficiary at the discretion of the DSLSA/ DLSA. (3) The interest on the sum, if lying in FDR form, shall be credited directly by the bank in the savings account of the victim/dependent(s), on monthly basis which can be withdrawn by the beneficiary.
INTERIM RELIEF TO THE VICTIM — The Delhi State Legal Services Authority or District Legal Services Authority, as the case may be, may order for immediate first-aid facility or medical benefits to be made available free of cost or any other interim relief (including interim monetary compensation) as deemed appropriate, to alleviate the suffering of the victim on the certificate of a police officer, not below the rank of the officer-in-charge of the police station, or a Magistrate of the area concerned or on the application of the victim/ dependents or suo moto: Provided that the, interim relief so granted shall not be more than Rs. 50,000/-(Rupees Fifty thousand) in any case except in cases of extreme hardship and gravity of the offence where an order may be passed for the reasons to be recorded in writing: * Provided further that in cases of acid attack a sum of Rs. One lakh shall be paid to the victim within 15 daysof the matter being brought to the notice of DSLSA/DLSA. The order granting interim compensation shall be passed by the DSLSA/DLSA within 7 days of the matter being brought its notice and the DSLSA shall pay the compensation within 8 days of passing of order. Thereafter an additional sum of Rs.2 lakhs shall be awarded and paid to the victim as expeditiously as possible and positively within two months.
LIMITATION - Under the Scheme, no claim made by the victim or his/her dependent(s), under sub-section (4) of section 357A of the Code, shall be entertained after a period of 3 years from the date of occurrence of the offence or conclusion of the trial .
Comments
Post a Comment