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sandeep singh   04 June 2020

victim compensation act

ek criminal case session court me chal raha hai.. under section 323.324.307.148.149 ipc
aab victim ne compensation ke liye apply krna hai.. us ke paas 10-11 lakh ke medical bills hai.. wo aab session court me compensation ke liye apply kare ja fir lower magistrate court me


 1 Replies

Meenakshi Raju Nair   05 June 2020

Usually the courts are empowered under S. 357 of Cr.P.C, 1973 to order payment of compensation while imposing a sentence of fine or a sentence of which fine is a part. In Ankush Shivaji Gaikwad v. State of Maharashtra (2013) 6 SCC 770, the apex court observed that the award or refusal of a compensation in a particular case may be withtin the Court's dicreation.  Unfortunately, the above mentioned offences rarely fall under this provision. 

Thus, for the application for victim compensation, it is adviced to make an application before the District/ State Legal Service Authority to avail of the Central Victim Compensation Fund Scheme. The application must also include required documents like the FIR,  Medical Reports. The compensation amount will be teremined after scruity of the application and as per set guidelines. In a case of permanent diablility a minimum of Rs. 2 Lakhs is granted. 

I hope this was of help. 

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