The payment of compensation to victims has become an essential feature of the modern-day criminal justice system. The mere punishment of the offender does not undo the damage that the victim suffers. The development of compensation jurisprudence in India has gradually shifted from pure discretion of the courts to a wider statutory and constitutional realm. The Code of Criminal Procedure earlier included the provision of compensation by the Court and Section 357A stated a scheme of compensation for the victim at the cost of the State. The Bharatiya Nagarik Suraksha Sanhita, 2023 continues by retaining the duty of the State to create schemes for victims or their dependents who suffers loss or injury and it necessary to rehabilitate them. However, the practical reality remains lopsided. Victims are routinely delayed, lack knowledge and poor compensation, get stuck in procedural intricacies, face the weak coordination of authorities, and suffer from the ill rehabilitation process. This paper assesses the effectiveness of the victims’ compensation schemes in India. It evaluates the constitutional, statutory and judicial framework. It also identifies implementation gaps. Further, it suggests alternatives to the scheme such as restorative justice, victim support services, trauma-informed care, offender-funded restitution, community-based rehabilitation, and a national victim assistance framework. This argues that compensation should not be viewed as charity or a mere token. It should be understood as a rights-based remedy linked to dignity, access to justice and effective rehabilitation.
Roy et al. (Sun,) studied this question.