The Victim Compensation Scheme is a significant piece of legislation that attempts to provide financial aid and rehabilitation to victims of crime. According to Section 396 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), the program's goal is to compensate victims for any trauma, harm, or financial losses caused by criminal activity. State and federal governments are required by Section 396 of the BNSS, 2023, to create and run this program through District and State Legal Service Authorities. Even if the perpetrator is not found, the plan guarantees compensation.

The program's shortcomings include uneven state-by-state implementation, drawn-out bureaucratic processes, limited public awareness, reliance on conviction, and inadequate victim psychological treatment, despite its noble objectives. Differences in compensation amounts and procedural complexity further hinder its effectiveness.

Among the steps that should be taken to improve the program include awareness campaigns, expedited processes, thorough victim aid, uniform compensation guidelines, and separating compensation from conviction. A well-executed, victim-centered approach would ensure that justice is served and that those affected by crimes receive timely support.

Introduction
Victim as under criminal law means "A person who has suffered any loss or injury caused by reason of the act or omission of the accussed person and includes the guardian or legal heir of such victim defined under section 2(y) of Bhartiya nagarik suraksha sanhita.

To compensate the victim compensation scheme is a significant legal framework designed to provide financial support to the victims of the crime. The compensation is given to their injury, trauma or the financial loss which they suffer. To support the victim their rehabilitation. It is a essential component of justice which aligns the principles of human rights and social welfare.

The Background And History Of The Victim Compensation Program

The idea that justice entails both victim rehabilitation and the punishment of offenders is the basis of victim compensation. The criminal justice system in India, which has historically prioritized punishing offenders, has progressively changed to acknowledge victims' rights.

1. The period before independence
   During British control, punishment was given precedence above victim compensation in the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). However, certain civil law regulations allowed victims to get monetary compensation.
    
2. Post-Independence Developments At first, there was little room for victim recompense under Indian law. Legal provisions changed over time as a result of court interpretations and modifications.
   • Provisions enabling courts to order restitution from penalties imposed on convicted individuals were introduced by Section 357 of the CrPC (1973).
   • State governments are required by Section 357A of the CrPC (2009 Amendment) to establish a Victim Compensation Scheme (VCS) for victims of crime, particularly those who sustain injuries or losses as a result of violent crimes such as rape or acid attacks.
      
3. Current Legal Framework in India The concept of victim compensation is mentioned in Section 396 of BNSS, 2023. It mandates the state government to work with the central government to prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and provide rehabilitation if necessary. The scheme is administered by the district legal service authority or the state legal service authority, as the case may be. It will decide the amount of compensation to be awarded under this scheme.
   • When the offender is not traced or unidentified, compensation will still be awarded as per Section 396(4).
   • Victims or their dependents can file an application for compensation before the District or State Legal Service Authority.
   • The trial court may recommend compensation at the conclusion of the trial if rehabilitation is deemed necessary.
   • The authority must verify claims within two months, and immediate first aid or medical benefits shall be provided free of cost.
      

Challenges And Criticism Of Victim Compensation Scheme

• Lack of Equalization Across the State
  Every state has its own legal service authority and compensation amount, leading to disparities in relief. For example, Haryana offers an online portal for compensation applications, while Uttar Pradesh requires offline application submission, making the process rigid and inconvenient.
   
• Bureaucratic or Administrative Delays
  Inefficient administrative procedures and delayed decision-making slow down compensation processing, causing harassment to victims.
   
• Victims' Limited Awareness
  Many victims, especially in rural areas, are unaware of their entitlement to compensation, limiting the scheme's effectiveness and infringing upon their rights.
   
• Conviction-Based Dependency
  When compensation is tied to a conviction, victims in need of immediate support face delays until the accused is convicted or the court is satisfied.
   
• Inadequate Emphasis on Psychological Support
  The scheme focuses primarily on financial compensation and neglects counseling or mental health care. For example, rape victims may receive compensation but no psychological support to aid their recovery.
   

Suggestions for Improvement (Based on Personal Opinion)

• Conduct Awareness Campaigns
  The state government should conduct awareness campaigns, especially in rural areas, to inform citizens about their right to victim compensation.
   
• Simplify the Procedure
  The complex application procedure should be simplified to help victims and their families understand and access the scheme more easily.
   
• Provide Holistic Support to Victims
  Beyond compensation, victims should receive psychological support to help them return to normal life.
   
• Harmonize the Pay Structure Across States
  Uniform guidelines and compensation amounts should be established nationwide to ensure fairness and equality.
   
• Disentangle Compensation from Conviction
  Compensation should not be dependent on the outcome of a conviction to avoid delays and ensure timely support to victims.

Conclusion
An essential step towards restorative justice is the victim compensation scheme that is designed to reduce crime victims' suffering. But it requires efficient implementation, higher public awareness, and sufficient research to play a larger role. Such a strengthening will foster a victim-oriented culture of justice in India by facilitating the provision of entitlements to the victims.

Citation:

• Bhartiya Nagarik Suraksha Sanhita, 2023, section 396.
• Code of Criminal Procedure, 1973, section 357, 357A.
• National Legal Services Authority (NALSA). (2018). Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes. Retrieved from https://nalsa.gov.in
• United Nations General Assembly. (1985). Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Retrieved from https://www.un.org/en/
• https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/victim-compensation-scheme
• Delhi Domestic Working Women's Forum v. Union of India, (1995) 1 SCC 14.

Also Read:

• Victim Compensation Scheme in India
• A Critical Study On Victim Compensation Under Various Laws Of India
• Victim Compensation: An Overview
• Victim Compensation Scheme: An Aspect of Modern Criminology