Provisions for Victim Assistance:Restitution : Ex-Gratia Grant;Compensation for Victims of Crime and Abuse of Power

Provisions for Victim Assistance:Restitution : Ex-Gratia Grant;Compensation for Victims of Crime and Abuse of Power

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  PROVISIONS FOR VICTIM ASSISTANCE: RESTITUTION: EX-GRATIA GRANT; COMPENSATION FOR VICTIMS OF CRIME AND ABUSE OF POWER. Ajay Singh
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  Provisions for VictimAssistance  Concept of Restorative Justice: Providing :- Restitution- Ex-Gratia Grants; and Compensation.
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  Restitution:  Restoring actor giving an equivalent for any loss or injury,  Made by offender/accused or by third party,  Should provided to Victims, it’s dependants or family members,  May return to society, (in case of harm to environment)  Govt authority or agency will responsible in case of govt official violated the law.
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  Restitution: Provides  Tovictims of crime: ◦ Money, ◦ Artificial Limbs, ◦ Rectification of disfigurement by cosmetic surgery, ◦ Sewing Machines, ◦ Tri-cycles, ◦ Crutches,
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  Restitution: Provides  Tosociety (in case of harm to environment): ◦ Restoration of the environment, ◦ Reconstruction of the infrastructure, ◦ Replacement of community facilities, ◦ Reimbursement of the expenses of relocation
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  Restitution: Ex-Gratia Grants A sum of money paid when there was no obligation or liability to pay it,  Provided as a favor,  Not compelled by legal rights,  To restore the loss or damage to personal property (clothing, spectacles)
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  Restitution: Ex-Gratia Grants Recent examples: ◦ UP announces ex-gratia of Rs 20 lakh each to constables` kin, (16th June, 2014) ◦ Andhra CM announces Rs 2 lakh ex gratia for explosion victims, (20th Oct, 2014) ◦ Ex-gratia paid to victims of Hyderabad twin blasts, (3rd Mar, 2013) Source- Zee News
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  COMPENSATION:  It isan attempt to lighten some of immediate costs of victimization suffered by some individuals,  U.N. declaration of basic principles of justice for victims of crime and abuse of power recognized it as a right of victims,  Mainly it includes the providing money to victims, dependants or family members,  U.N. Declaration also suggested- National Funds for Compensation of Victims of Crime;
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   Developed countrieslike U.S.A, U.K., Australia and New Zealand etc. also adopted compensatory jurisprudence  First by New Zealand in 1963, United Kingdom in 1964, Australia in 1967 etc  In India: Cr.P.C. (Amendment) Act, 2008 (5 of 2009): “Victim compensation scheme” introduced,  Rajasthan victim compensation scheme 2011, COMPENSATION:
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  Rajasthan Victim CompensationScheme, 2011:Provides S N Particulars of loss or injury Maximum Limit of compensation 1. Loss of Life. Rs, 2,00,000/- 2. Loss of any limb or part of the body resulting 80% or above Handicap. Rs, 1,00,000/- 3. Loss of any limb or part of the body resulting 40% and below 80% Handicap. Rs, 50,000/- 4. Rape of Minor Rs, 3,00,000/- 5. Rape Rs, 2,00,000/- 6. Rehabilitation Rs, 1,00,000/- 7. Loss of any limb or part of the body resulting 40% Handicap. Rs, 25,000/- 8. Loss of any injury causing sever mental agony to women and child victims in case like Human Trafficking Rs, 25,000/- 9. Simple loss or injury to child Rs, 20,000/- 10. Permanent disfiguration of the head or face by acid Rs, 2,00,000/-
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   Financial help, Expenses during investigation,  Expenses during the trial,  Lost wages,  Funeral expenses,  Medical expenses, COMPENSATION: PROVIDES
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   M/S InterglobeAviation Ltd. vs Mr. Satchidanand on 4th July, 2011. (10,000 Compensation & 2500 Costs) : Indiakannon  “Rs 5,00,000 for illegal detention: Bombay HC to Govt” (Illegally detention by Pune Police Crime Branch for five days in 2012) : DNA  “CM Arvind Kejriwal announces compensation for Rs 20,000 per acre for damaged crops to Delhi farmers” : NDTV  “Demands for Compensation for victims of Crime in Kerela” : TOI COMPENSATION: PROVIDES
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  Conclusion:  Restitution: onlyserves as a Hypothesis;  An Alternative- For Compensation;  Compensation : A Statutory Right;  Ensure delivery of total justice;  The whole purpose of the provision is to accommodate the interests of the victims in the criminal justice system.
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  Query, if anyplease !