by Police - Bureau of Police Research and Development

The Indian Police Journal compensation, but the Panchayat system, which was operative in ruralareas during the pre-Independence era, did provide for the settlementof compensatory claims of victims with the help of village-head,supported by other ‘Panchas’ together with the victim, offender andtheir family members. The Village people generally did not want theinterference of the police in the village matters, which they resolvedthrough the village panchayat.Laws relating to Victims’ Compensation in IndiaThe legislative framework regarding compensation to victims of crimein India may be traced in two major legislations, namely, the Code ofCriminal Procedure,1973, and the Probation of Offenders Act, 1958,as also the Constitution of India.The power to award compensation is vested in Section 357 Cr.P.C.sub-section (1) and (3) vests power in the Trial Court to awardcompensation and sub-section (4) gives such power to the Appellate orRevisional Court. The court may appropriate the whole or any portionto the victim of crime. 6Sub-section (3) empowers the court, in its discretion, to order theaccused to pay compensation to victim of his crime even though noSection 358(1) of Cr.P.C. provides compensatory relief to the victim ofamount of compensation shall not exceed Rs. 100/- in such cases.Further, where a court convicts an accused on a complaint of a noncognizablehaving been committed by him, he may be ordered to paycosts to the complainant or in default, suffer Simple Imprisonment fora period not exceeding thirty days. 7 As regards recovery of amount ofthe victim, it can be made by attachment or sale of movable propertyof the offender or as arrears of land revenue. 8 Section 431 of Cr.P.C.A provision for compensatory relief to victim of crime also exists inSection 5(1) of the Probation of Offenders Act, 1958, which providesJanuary - March, 201347