An advocate has approached the Madras high court to direct the Union and state governments to take immediate steps to prepare a Victim Compensation Scheme as mandated by section 357-A of the Code of Criminal Procedure (Cr.P.C).
A division bench comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, before whom the public interest litigation filed by advocate S. Sathia Chandran came up for hearing, directed the counsel for the Union and state government to take notice and to get instructions, while posting after four weeks, further hearing of the case.
According to petitioner, after persistent demand and the recommendation of the law commission, the Cr.P.C (Amendment) Act 2008 was enacted by the Parliament. By virtue of section 28 of the said amendment Act, a new provision viz., 357-A has been inserted into the Cr.P.C.
The said provision speaks about a scheme called ‘Victim Compensation Scheme (VCS)’ under which it is stated that ‘every state government in coordination with the Central government shall prepare a scheme for providing funds for the purpose of compensation to the victims or his dependents who have suffered loss or injury as a result of the crime and who requires rehabilitation’.
This provision goes to the extent of paying compensation to the victims even for cases that end in acquittal or discharge and further, in cases, where the offender was not traced or identified, Sathia Chandran said.
He said it also empowers the state/district legal services authority to entertain applications from the victims for compensation.
Though this provision was brought to the statute book way back in December 31, 2009, it is highly unfortunate that even after two and half years, this provision has not been taken note of with the seriousness it deserves and given effect to till date.
It was also not known as to the steps taken by the state government to comply with the said provision, which was the need of the hour as the crime rate was on the rise.
Unless the government prepares the VCS, the trial courts as well as the state/district legal services authority would not be in a position to put this provision of law into use. Hence, it was high time, the government prepares the scheme, the petitioner added.