In exercise of the powers conferred by Section
357 A of the Code of Criminal Procedure, 1973 (Act 2 of 1974) and in compliance to the directions given by Hon’ble
Supreme Court of India vide order dated 11.05.2018 in Writ Petition (C)
No.565/2012 titled as Nipun Saxena Vs. Union of India & Ors., and in view
of key directions/guidelines laid down by Hon’ble Supreme Court of India in
Writ Petition (C) No.754/2016 titled as Tehseen S.Poonawalla Vs. Union of
India, the Administrator of the Union Territory of Chandigarh, hereby makes the
following scheme for providing funds for the purposes of Assistance to be given
to the victim or his/her dependent (s) who have suffered loss or injury or both
as a result of the crime and who require rehabilitation.
1. Short title and
commencement-
(i) This scheme may be called the Union
Territory of Chandigarh Victim
Assistance Scheme, 2018.
(ii) This shall come into force on the date of
its publication in the Official
Gazette of Union Territory of Chandigarh.
2. Definitions- In this scheme, unless the
context otherwise requires-
(a) ‘Victim’ means as defined in clause (wa)
of Section 2 of the Code of Criminal Procedure, 1973 including the victim (s)
of mob violence/lynching, offences committed under POCSO Act and the acid attack
victims;
(b) ‘Act’
means the Code of Criminal Procedure, 1973 (Act 2 of 1974);
(c) ‘Competent Authority’ means an
authority who has been delegated powers to withdraw compensation amount from
Victims Compensation Fund and to release to the Member Secretary, State Legal
Services Authority.
(d) ‘Dependent’
means wife or husband, father, mother, grandparents,
unmarried daughter or minor children of the victim
as determined by the State Legal
Services Authority or District Legal
Services Authority on the basis of the report of the Sub-Divisional Magistrate of
the concerned area/ Station House
Officer/ Investigating Officer or on the basis of material placed on record by dependent by way of
affidavit or on its own enquiry;
(e) ‘State Legal Services Authority’, Union
Territory of Chandigarh and ‘District
Legal Services Authority’, Chandigarh means State Legal Services Authority or District Legal
Services Authority of U.T. of Chandigarh as defined in the Legal Services
Authority Act, 1987.
(f) ‘Victim Compensation Fund’ means a fund
segregated for disbursement to the victim as defined under this Scheme out of
Union Territory of Chandigarh Victim Compensation Fund.
(g) ‘Injury’ means any bodily injury or
psychological injury or loss of earnings including loss of opportunity of
employment and education and expenses incurred on account of legal and medical
expenses.
(h) ‘Minor’ means a victim who has not
completed the age of 18 years.
(i) ‘Offence’ means offence committed
against the victim punishable under IPC or any other law.
(j) ‘Penal Code’ means Indian Penal Code,
1860 (45 of 1860).
(k) ‘Sexual Assault Victims’ means victim
who has suffered mental or physical injury or both as a result of sexual
offence including Sections 376 (A) to (E), Section 354 (A) to (D), Section 509
IPC.
(l) ‘Victim/ Survivor of other crime’ means
victim who has suffered physical or mental injury as a result of any offence
mentioned in the attached Schedule including Sections 304 B, Section 326 A,
Section 498 A IPC (in case of physical injury of the nature specified in the
schedule) including the attempts and abetment, any offence committed against
the victim under the POCSO Act, any offence pertaining to mob lynching.
3. VICTIMS COMPENSATION FUND-
(i) There
shall be a Fund, namely, the Victims Compensation Fund (which shall comprise of
State Victim Compensation Fund and Central Fund) from which the amount of
compensation, as decided by the State Legal Services Authority or District
Legal Services Authority, shall be paid to the victim or their dependent (s)
who have suffered loss or injury as a result of an offence and who require
rehabilitation.
[Within
the State Victim Compensation Fund, a separate Bank Account shall be maintained
as a portion of that larger fund which shall contain the funds contributed
under CVCF Scheme by MHA, GOI contributed from Nirbhaya Fund apart from funds
received from the State Victim Compensation Fund which shall be utilised only
for victims covered under this Chapter]
(ii) The
Victim Compensation Fund shall comprise of the following:-
(a) Grant
received from the Govt. of India shall be transferred to the competent
authority (as shall be authorised by the UT Chandigarh for this purpose) which
shall release the amount to the Member Secretary, State Legal Services
Authority on his/her demand after passing the award.
(b) Amounts
of fine imposed under Section 357 Cr.P.C. and ordered to be deposited by the
Courts in the Victim Compensation/ Assistance fund will be deposited into the
Consolidated Fund of India.
(c) The
cost of the Assistance shall be recovered from the wrongdoer/ accused and shall
be treated as Public Demand to be recovered in accordance with the relevant
provisions of law.
(d) Any amount of cost ordered by Civil/
Criminal Tribunal to be deposited in
this fund.
(e) Donations/
Contributions received from international/ national/ philanthropist /
charitable institutions/ organisations and individuals
permitted by State or Central Govt.
(f) Contributions from companies under CSR
(Corporate Social Responsibility)
4. ELIGIBILITY FOR ASSISTANCE/ COMPENSATION-
The victim or his / her dependent (s) as the case may be, shall be
eligible for grant of compensation after following the criteria for the grant
of assistance as prescribed under this scheme. However, compensation received
by the victim in any other scheme with regard to Section 357 B Cr.P.C. shall be
taken into account while deciding the quantum of compensation.
5. PROCEDURE FOR GRANT OF ASSISTANCE-
Mandatory reporting of FIRs:- SHO/ SP/
DGP shall mandatorily share soft/ hard
copy of FIR immediately after its registration with SLSA/ DLSA qua commission
of offence covered in this scheme which includes Section 326 A, 354 A to 354 D,
376 A to 376 E, 304 B, 498 A IPC, offence pertaining to mob violence/ lynching,
acid attacks, offence committed under POCSO Act
(in case of physical injury committed under this schedule) so that the State Legal Services Authority/ District
Legal Services Authority can, in deserving cases may suo-moto initiate
preliminary verification of the facts for the purpose of grant of interim
compensation.
The
application for the award of interim/ final compensation can be made by the
victim and/or his/her dependents before concerned State Legal Services
Authority or District Legal Services Authority. The said application shall be
filled in the prescribed proforma and supported by an affidavit, as appended
with the present Scheme alongwith the copy of First Information Report or
criminal complaint of which cognizance is taken by the Court and if available
medical report, death certificate wherever applicable, copy of judgment/
recommendations of the court, if the trial is over.
6. PLACE OF FILING OF APPLICATION-
The application/ recommendation for compensation can be moved either
before the State Legal Services Authority or the concerned District Legal
Services Authority or it can be filed online on the portal which shall be
created by State Legal Services Authority. The Secretary of State Legal
Services Authority or District Legal Services Authority shall decide the
application/recommendations moved before him/ her as per the scheme.
Explanation: In case
of acid attack victim, the deciding authority shall be Criminal Injury Compensation Board as
directed by Hon’ble Supreme Court of India in Laxmi Vs. Union of India W.P.
CRML 129/2006 order dated 10.04.2015 which includes Ld. District & Sessions
Judge, DM, SP, Civil Surgeon/SMO of the Union Territory of Chandigarh.
7. RELIEFS THAT MAY BE GRANTED/ AWARDED BY THE
STATE OR DISTRICT LEGAL SERVICES AUTHORITY-
The SLSA or DLSA may award compensation to the victim or their dependent
(s) to the extent as specified in the schedule attached here to.
8. FACTORS TO BE CONSIDERED WHILE AWARDING
COMPENSATION-
While
deciding the matter, the State Legal Services Authority / District Legal
Services Authority may take into consideration the following facts
relating to loss/ injury suffered by the
victim :-
i.
Gravity
of the offence and severity of mental or physical harm or injury suffered by
the victim;
ii.
Expenditure
incurred or likely to be incurred on the medical treatment for physical and/or
mental health including counselling of the victim, funeral, travelling during
investigation/ inquiry/ trial (other than diet money);
iii.
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;
iv.
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;
v.
The
relationship of the victim to the offender, if any;
vi.
Whether
the abuse was a single isolated incidence or whether the abuse took place over
a period of time;
vii.
Whether
victim became pregnant as a result of the offence, whether she had to undergo
Medical Termination of Pregnancy (MTP)/ give birth to a child, including
rehabilitation needs of such child;
viii.
Whether
the victim contracted a sexually transmitted disease (STD) as a result of the
offence;
ix.
Whether
the victim contracted human immunodeficiency virus (HIV) as a result of the
offence;
x.
Any
disability suffered by the victim as a result of the offence;
xi.
Financial
condition of the victim against whom the offence has been committed so as to
determine her need for rehabilitation and re-integration needs of the victim;
xii.
In
case of death, the age of deceased, her monthly income, number of dependents,
life expectancy, future promotional/ growth prospects etc.
xiii.
Or
any other factor which the SLSA/ DLSA may consider just and sufficient.
9. PROCEDURE FOR GRANT OF COMPENSATION-
(i) Wherever,
a recommendation is made by the Court for compensation under sub-sections (2)
and/or (3) of Section 357 A of the Code, or an application is made by any
victim of his/her dependent(s), under sub-section (4) of Section 357 A of the
Code, to the State Legal Services Authority or District Legal Services
Authority, for interim compensation it shall prima-facie satisfy itself qua
compensation needs and identity of the victim. As regards the final
compensation, it shall examine the case and verify the contents of the claim
with respect to the loss/injury and rehabilitation needs as a result of the
crime and may also call for any other relevant information necessary for
deciding the claim.
Provided
that in deserving cases and in all acid attack cases, at any time after
commission of the offence, Secretary, SLSA or Secretary, DLSA may suo moto or
after preliminary verification of the facts proceed to grant interim relief as
may be required in the circumstances of each case.
(ii) The
inquiry as contemplated under sub-section (5) of Section 357 A 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 occurrence of such incident or the matter being
brought to the notice of the SLSA/DLSA. The order granting interim compensation
shall be passed by SLSA/DLSA within 7 days of the matter being brought to its
notice and the SLSA shall pay the compensation within 8 days of passing of the
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.
* Victims of the Acid Attack are also entitled to additional compensation
of Rs.one laks under Prime Minister’s National Relief Fund vide memo
No.24013/94/Misc./2014–CSR-III/GoI/MHA dated 09.11.2016.
Victims of Acid Attack are
also entitled to additional special financial Assistance upto Rs.5 Lakhs who
need treatment expenses over and above the compensation paid by the UT of
Chandigarh in terms of Central Victim Compensation Fund guidelines-2016,
No.24013/94/Misc./2014–CSR-III/GoI/MHA
(iii) After
consideration of the matter, the SLSA 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, as per schedule appended to this chapter. However, in
deserving cases, for reasons to be recorded, the upper limit may be exceeded.
Moreover, in case the victim
is minor, the limit of compensation shall be deemed to be 50% higher than the
amount mentioned in the Schedule appended to this chapter.
(iv) The
SLSA/DLSA may call for any record or take assistance from any
Authority/Establishment/Individual/Police/Court concerned or expert for smooth
implementation of the Scheme.
(v) In
case trial/appellate court gives findings that the criminal complaint and the
allegation were false, then Legal Services Authority may initiate proceedings
for recovery of compensation, if any, granted in part or full under this
Scheme, before the Trial Court for its recovery as if it were a fine.
10. THE ORDER TO BE PLACED ON RECORD-
Copy
of the order of the interim or final compensation passed under this scheme
shall be placed on the record of trial court so as to enable the trial court to
pass an appropriate order of compensation under Section 357 of the Code. A true
copy of the order shall be provided to the IO in case the matter is pending
investigation and also to the victim/ dependent as the case may be.
11. METHOD OF DISBURSEMENT OF COMPENSATION-
(i)
The
amount of compensation so awarded shall be disbursed by the SLSA by depositing
the same in a Bank in the joint or single name of the victim/ dependent (s). In
case the victim does not have any bank account, the DLSA would facilitate
opening of a bank account in the name of the victim and in case the victim is a
minor alongwith a guardian or in case, minor is in a child care institution,
the bank account shall be opened with the Superintendent of the Institution as
Guardian. However, in case the victim is a foreign national or a refugee, the
compensation can be disbursed by way of cash cards.
Interim
amount shall be disbursed in full. However, as far the final compensation
amount is concerned, 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.
(ii)
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
SLSA/DLSA.
(iii)
The
interest on the sum, if lying the 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.
12. MEDICAL AID & INTERIM RELIEF TO THE
VICTIM-
The SLSA or DLSA of the Union Territory of Chandigarh, to
alleviate the suffering of the victim, may on the certificate of a police
Officer not below the rank of the Officer Incharge of the Police Station or a
Magistrate of the area concerned or on the application of the victim/dependents
or suo moto, order for immediate first-aid facility or medical benefits or any
other interim relief (including interim monetary compensation) as deemed
fit, to be made available free of cost
to the victim, which shall not be adjustable against the amount of Assistance.
Provided
that as soon as application for compensation is received by the SLSA/ DLSA, a
sum of Rs. 5000/- or as the case warrants upto Rs. 10,000/- shall be
immediately disbursed to the victim through preloaded cash card from a
Nationalised Bank by the Secretary, DLSA, or Member Secretary, SLSA.
Provided
that the, interim relief so granted shall not be less than 25 per cent of the
maximum compensation awardable as per schedule applicable to this Chapter,
which shall b e paid to the victim in totality.
Provided
further that in cases of acid attack a sum of Rs. One Lakh shall be paid to the
victim within 15 days of the matter being brought to the notice of SLSA/DLSA.
The order granting interim compensation shall be passed by the SLSA/ DLSA
within 07 days of the matter being brought to its notice and the SLSA shall pay
the compensation within 08 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.
13.
RECOVERY OF COMPENSATION AWARDED TO
THE VICTIM OR HIS/HER DEPENDENT (S)-
Subject to the provisions of sub-section 3 of Section 357 A of the Code
the SLSA, in proper cases, may institute proceedings before the competent court
for recovery of compensation granted to victim or his/her dependent (s) from
person (s) responsible for cause of loss/ injury as a result of crime committed
by him/her.
The
amount, so recovered shall be deposited in Victim Compensation Fund.
14. DEPENDENCY CERTIFICATE-
The authority empowered to issue the dependency certificate shall issue
the same within a period of 15 days and in no case the period shall be
extended:-
Provided
that the State Legal Services Authority or the District Legal Services
Authority, as the case may be, in case of non-issuance of dependency
certificate, after expiry of 15 days may proceed on the basis of affidavit to
be obtained from the claimant.
15. MINOR VICTIMS-
That in case the victim is an orphaned minor without any parent or legal
guardian the immediate relief or the interim compensation shall be disbursed to
the Bank Account of the child, opened under the guardianship of the
Superintendent, Child Care Institutions where the child is lodged or in absence
thereof, DDO/SDM, as the case may be.
16. LIMITATION-
Under
the scheme, no claim of assistance made by the victim or his/her dependent(s)
under sub section (4) of Section 357-A of the Code, shall be entertained after
a period of 3 years from the date of occurrence of offence or conclusion of the
trial:-
Provided
that the SLSA or DLSA as the case may be, is satisfied for the reasons to be
recorded in writing may entertain claim after a period of 3 years.
17. APPEAL-
In case any victim or his/her dependent(s) feels
aggrieved by the denial of assistance or is not satisfied with the quantum of
compensation awarded by the Secretary, DLSA, then they may file an appeal
before the Chairman DLSA within a period of 30 days from the date of receipt of
order:
Provided that delay in filing appeal may be
condoned by the appellate Authority for reasons to be recorded in deserving
cases on an application made in this regard.
18. QUANTUM OF ASSISTANCE/ COMPENSATION –
The assistance/ compensation shall be granted as per the schedule
annexed to the scheme.
19. REPEAL & SAVINGS-
(i) The Union Territory of Chandigarh Victim Assistance Scheme, 2012 as
amended from time to time or any other scheme regarding grant of compensation
to the victims, as applicable in U.T.,Chandigarh stands repealed.
(ii) In
case this Chapter is silent on any issue pertaining to compensation to the
victim as defined under this scheme including acid attack victims, victims
under POCSO Act and victims of mob violence/ lynching, the provisions of Victim
Assistance Scheme 2018 would be applicable.
Nothing
in this scheme shall prevent victims or their dependents from instituting any
Civil Suit or Claim against the perpetrator of offence or any other person
indirectly responsible for the same.
Explanation:
It is clarified that this Chapter does
not apply to minor victims under POSCO Act, 2012 in so far as their
compensation issues are to be dealt with only by the Ld. Special Courts under
Section 33 (8) of POSCO Act, 2012 and Rules (7) of the POSCO Rules, 2012.
SCHEDULE
SCHEDULE FOR PAYMENT OF COMPENSATION UNDER THE UNION TERRITORY OF
CHANDIGARH VICTIM COMPENSATION SCHEME-2018
S.No.
|
Particulars
of loss or injury
|
Minimum Limit
of Compensation
|
Upper Limit
of Compensation
|
1.
|
Loss of Life
|
Rs. 5
Lakh
|
Rs. 10
Lakh
|
2
|
Gang Rape
|
Rs. 5
Lakh
|
Rs. 10
Lakh
|
3.
|
Rape
|
Rs. 5
Lakh
|
Rs. 10
Lakh
|
4.
|
Unnatural Sexual Assault
|
Rs. 5
Lakh
|
Rs. 10
Lakh
|
5.
|
Loss of any
Limb or part of body resulting in 80% permanent disability or above
|
Rs. 2
Lakh
|
Rs. 5
Lakh
|
6.
|
Loss of any
Limb or part of body resulting in 40% and below 80% permanent disability
|
Rs. 2
Lakh
|
Rs. 4
Lakh
|
7.
|
Loss of any
limb or part of body resulting in above 20% and below 40% permanent
disability
|
Rs. 1
Lakh
|
Rs. 3
Lakh
|
8.
|
Loss of any
limb or part of body resulting in below 20% permanent disability.
|
Rs. 1
Lakh
|
Rs. 2
Lakh
|
9.
|
Grievous
physical injury or any mental injury requiring rehabilitation
|
Rs. 1
Lakh
|
Rs. 2
Lakh
|
10.
|
Loss of
Foetus i.e. Miscarriage as a result of Assault or loss of fertility
|
Rs. 2
Lakh
|
Rs. 3
Lakh
|
11.
(a)
|
In case of pregnancy on account of rape
|
Rs. 3
Lakh
|
Rs. 4
Lakh
|
(b)
|
In case of
pregnancy on account of rape of minor
|
Rs. 5
Lakh
|
Rs. 10
Lakh
|
12.
|
Victims of Burning:
|
||
(a)
|
In case of
disfigurement of case
|
Rs. 7
Lakh
|
Rs. 8
Lakh
|
(b)
|
In case of
more than 50%
|
Rs. 5
Lakh
|
Rs. 8
Lakh
|
(c)
|
In case of
injury less than 50%
|
Rs. 3
Lakh
|
Rs. 7
Lakh
|
(d)
|
In case of
less than 20%
|
Rs. 2
Lakh
|
Rs. 3
Lakh
|
13.
|
Victims of Acid Attack:
|
||
(a)
|
In case of
disfigurement of face.
|
Rs. 7
Lakh
|
Rs. 10
Lakh
|
(b)
|
In case of
injury more than 50%
|
Rs. 5
Lakh
|
Rs. 8
Lakh
|
(c)
|
In case of
injury less than 50%
|
Rs. 3
Lakh
|
Rs. 5
Lakh
|
(d)
|
In case of
injury less than 20%.
|
Rs. 3
Lakh
|
Rs. 4
Lakh
|
14.
|
Rehabilitation of victim of Human Trafficking
|
Rs.10
Lakh
|
Rs.10
Lakh
|
15.
|
Victims of mob violence/lynching
|
||
(a)
|
Death
|
Rs.2 Lakh
|
Rs.5 Lakh
|
(b)
|
Permanent Disability (50% or more)
|
Rs.1.5 Lakh
|
Rs.3 Lakh
|
(c)
|
Partial Disability (25% to 50%)
|
Rs.1 Lakh
|
Rs.2 Lakh
|
(d)
|
Loss of Immovable Property
|
Rs.___ (*)
|
Rs.1 Lakh
|
(e)
|
Loss of Moveable Property
|
Rs.___ (*)
|
Rs.50,000/-
|
16.
|
Women victims of cross-border firing
|
||
(a)
|
Death or Permanent Disability (80% or more)
|
Rs.2 Lakh
|
Rs.2 Lakh
|
(b)
|
Partial Disability (40% to 80%)
|
Rs.1 Lakh
|
Rs.1 Lakh
|
(*)
Amount to be decided by the DLSA/SLSA or Trial Court.
Note: If
a woman victim of sexual assault/acid attack is covered under one or more
category of the schedule, she shall be entitled to be considered for combined
value of the compensation.
****
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