Rajasthan Victim Compensation Scheme, 2011

In exercise of the powers conferred by section 357-A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), the State Government hereby frame the scheme for providing funds for the compensation to the victims or their dependents, who have suffered loss or injury as a result of the crime and who require rehabilitation.

1. Definitions: "Victim" means a person who has suffered any loss or injury as a result of crime and requires rehabilitation and includes his or her guardian or legal heir or dependent.
    
2. Victim Compensation Fund:
   1. There shall be constituted a fund namely Victim Compensation Fund from which amount of compensation under this scheme shall be paid to the victim or his dependants.
   2. The State Government shall allot a separate budget for this scheme every year.
   3. The fund shall be operated by the Secretary, State Legal Services Authority.
       
3. Eligibility for Victim Compensation Grant:
   • No Previous Compensation: The victim or their dependents must not have received compensation for the loss or injury under any other Central/State Government scheme or institution.
   • Financial Hardship Due to Loss or Injury: The loss or injury must have led to either:
     • Loss of family income making it difficult to sustain basic needs without financial aid.
     • Significant medical expenses for mental/physical injury beyond the victim's means.
   • Untraceable or Unpunished Offender: If the perpetrator of a heinous crime is:
     • Untraceable or remains unpunished after the trial, and
     • The victim has identifiable expenses for physical or mental rehabilitation, they may apply for compensation under Section 357-A(4) of the Criminal Procedure Code (CrPC).
   • Offender Not Identified, No Trial: If the offender is unknown or untraced, and no trial takes place, but the victim is identifiable, they may also apply for compensation under Section 357-A(4) of the CrPC.
   • Timely Crime Reporting: The victim/claimant must report the crime without unreasonable delay to the Judicial Magistrate of the area, although the District Legal Services Authority may condone delays if justified in writing.
   • Cooperation with Authorities: The victim/claimant must cooperate with police and prosecution during the investigation and trial.
      
4. Procedure for Grant of Compensation:
   • Application and Verification Process: Upon a court recommendation or victim application under Section 357-A(2), (3), or (4) of the CrPC, the District/State Legal Services Authority will examine the claim, verify loss or injury details, and may request additional information. Compensation should be awarded within two months, with special provisions for cases under the Protection of Children from Sexual Offences Act (POCSO), which must be paid within 30 days.
   • Determination of Compensation Amount: The compensation is based on losses, medical expenses, rehabilitation needs, and incidental costs, such as funeral expenses, and may vary based on the case specifics.
   • Condition for Future Compensation Adjustments: If the trial court later orders compensation from the accused under Section 357(3) of the CrPC, the victim must repay any overlapping amount received from the Victim Compensation Fund, with an undertaking required before disbursal. This does not apply to victims under POCSO.
   • Disbursement of Compensation: Compensation will be paid from the Victim Compensation Fund by the respective Legal Services Authority.
   • Adjustment with Other Compensation Sources: Any amount already received by the victim from insurance, ex-gratia, or other State schemes will be considered part of the total compensation, and only the balance will be paid from the Victim Compensation Fund. Child victims under POCSO may still apply for compensation under other Central or State Government schemes.
   • Exclusion of Motor Vehicle Act Cases: Cases under the Motor Vehicle Act, 1988, where compensation is determined by the Motor Accident Claims Tribunal, are excluded from this scheme.
   • Immediate Relief Measures: To alleviate the victim's suffering, the Legal Services Authority may order immediate first aid or free medical benefits based on a police officer's or magistrate's certificate, or other interim relief as deemed appropriate.
   • Maximum Compensation Limit: Compensation should not exceed the maximum limit specified in the appended Schedule, except for POCSO cases or additional fines under sections 326A or 376D of the IPC.
   • Special Procedure for Acid Attack Victims: In acid attack cases, Rs. 3 lakh must be paid to the victim or dependents within 15 days of the incident or police notification. The police officer in charge must send a copy of the FIR and medical report to the District Magistrate and District Legal Services Authority within three days, prompting immediate medical assistance and compensation recommendation within two days.
      
5. Order to be placed on record: Copy of the order of compensation passed under this scheme shall be placed on record of the trial Court to enable the court to pass an order of compensation under sub-section (3) of section 357-A of the code.
    
6. Limitation: No claim made by the victim or his dependents under subsection (4) of section 357-A of the Code shall be entertained after a period of one year from the date of commission of the crime; Provided that the District Legal Service Authority or the State Legal Service Authority, as the case may be if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the claim.
    
7. Recovery of compensation:
   • (1) The District Legal Service Authority or the State Legal Service Authority, as the case may be, if deemed fit shall institute proceedings before the competent Court of Law in consultation with the office of concerned public prosecutor for recovery of the compensation granted to the victim or his dependants from the person responsible for causing loss or injury as a result of the crime committed by them.
   • (2) The amounts, so recovered, shall be deposited in the Victim Compensation Fund.

[SCHEDULE]
[See rule 5 (8)]

S. No.	Particulars of loss or injury	Maximum Limit of compensation
1.	Loss of Life (earning member) Loss of life (non earning member)	Rs. 5,00,000/- Rs. 2,50,000/-
2.	Loss of any limb or part of body resulting above 80% disability (earning member) Loss of any limb or part of body resulting above 80% disability (non earning member)	Rs. 5,00,000/-     Rs. 2,50,000/-
3.	Loss of any limb or part of body resulting above 40% and up to 80 % disability (earning member) Loss of any limb or part of body resulting above 40% and up to 80% disability (non earning member)	Rs. 80,000/-     Rs. 50,000/-
4.	Loss of any limb or part of body resulting up to 40% disability	Rs. 25,000/-
5.	Rape of Minor	Rs. 5,00,000/-
6.	Rape	Rs. 5,00,000/-
7.	Rehabilitation	Rs. 1,00,000/-
8.	Loss of any injury causing severe mental agony to women and child victims in case like Human Trafficking, child abuse and kidnapping	Rs. 25,000/-
9.	Simple loss or injury to child victim	Rs. 20,000/-
10.	Victim of acid attack	Rs. 3,00,000/-
11.	Offence under the Protection of Children form Sexual Offences Act 2012
	(a) Penetrative Sexual Assault	Rs. 5,00,000/-
	(b)Aggravated Penetrative Sexual Assault	Rs. 5,00,000/-
	(c) Sexual Assault	Rs. 1,00,000/-
	(d)Aggravated Sexual Assault	Rs. 2,00,000/-
	(e) Using child for pornographic Purposes	Rs. 1,00,000/-
Note : The following expenses shall be payable as interim relief:- (1) Funeral expenses: Rs. 10,000/- (2) Medical expenses up to Rs. 25,000/- (3) Interim relief in case of child 50% of maximum limit of compensation. (4) Interim relief in case of adult person 25% of maximum limit of compensation

Note: Substituted Vide Notification No. F.17(154) Home-10/2010 dated 06.04.2015 which came into force w.e.f. 08.04.2015.