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Wednesday, January 11, 2012

Scheme framed to compensate victims of crime


GANGTOK, 10 Jan: The State government has framed a scheme to provide compensation to victims who have suffered loss or injury as a result of a crime. Called the “Sikkim Compensation to Victims or his Dependents Schemes”, this was instituted in mid-2011 and not only provides for compensating victims but also their dependents according to the nature of loss or injury suffered. The compensation amount ranges from a minimum of Rs. 20,000 [for simple loss or injury to a child victim], to Rs. 2 lakh as compensation for loss of life due to crime. The scheme has been framed under the Code of Criminal Procedure.
In the context of this scheme, a victim is defined as a person who has her/himself suffered loss or injury as a result of crime and requires rehabilitation and includes the dependent family members.
A victim compensation fund is to be instituted by the state government and provided to the State Legal Services Authority whenever verified claims arise.
In fact, under the Scheme, a budgetary provision will be made each year in the state budget by the state government. An eligibility criteria has also been specified to identify and approve victims for compensation under this scheme which includes that the victim should not have been compensated for the loss or injury under any other scheme; this includes schemes under the centre or state or insurance company or any other institution. Moreover, such loss or injury should have caused substantial loss to the income of the family or has resulted in huge expense for medical treatment.  Where physical or mental rehabilitation of the victim is necessary grant of compensation can be applied for.
All claims will be examined by the district legal service authority for verification and make recommendations to the state legal service authority which shall decide the quantum of compensation to be awarded.
The time of limitation has been set at 3 years from the date of the crime.
The SLSA is also empowered to institute proceedings for recovery of the compensation amount awarded to the victim from the perpetrator of the crime. These proceedings, however, will have to be instituted in a court of law.


Particular of Loss or Injury
Maximum Limit of Compensation
Loss of life
Rs.2.00 lacs.
Loss of any limb or part of body resulting 80% or above handicap.
Rs.1.00 lakh
Loss of any limb or part of body resulting 40% & below 80% handicap.
Rs. 80,000
Assault on women disfiguring her face or any part of body by acid or any other weapon.
Rs. 30,000
Rape
Rs. 50,000
Rehabilitation
Rs. 30,000
Loss of any limb or part of body resulting below 40% handicap.
Rs. 30,000
Loss of injury causing severe mental agony to women and child victims in case like Human Trafficking.
Rs. 25,000
Simple Loss or injury to Child victim.
Rs. 20,000


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