Government of Jharkhand Home Department Notification The 3rd August, 2012 No. 5 Misc. (01)-81/2010/3735:- In exercise of the powers conferred by section 357A of the Code of Criminal Procedure, 1973 (Act 2 of 1974), the Governor of Jharkhand hereby frames the following scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation, namely :- Short title:-
1. The scheme may be called the Jharkhand Victim Compensation Scheme, 2012.
Definitions:-
2. In this scheme, unless the context otherwise requires:-
(a) “Act” means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) “Schedule” means Schedule appended to this Scheme;
(C) “State” means State of Jharkhand;
(d) “Victim” means a person who himself has suffered loss or injury as a result of crime and require rehabilitation and includes dependent family members.
(e) “District Legal Services Authority” means a authority constituted under the Chairmanship of the Principal District and Session Judge of the District constituted under the Legal Services Authorities Act 1987.
(f) The “State committee” means a Committee constituted under the Chairmanship of the Director, Prosecution of the State to be notified by the State Government.
Victim Compensation Fund:-
3. (1) There shall be constituted a fund namely Victim Compensation Fund from which amount of compensation under this scheme shall be paid to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
(2) The State Government shall allot a separate budget for the purpose of the scheme every year.
(3) The Fund shall be operated by the Director, Prosecution, Government of Jharkhand.
(d) The fund at the district level shall be placed by the Director, Prosecution and to be operated by the respective District Magistrates.
Eligibility for compensation:-
4. A Victim shall be eligible for the grant of compensation if, -
(a) the offender is not traced or identified, but the victim is identified, and where no trial takes place, such victim may also apply grant of compensation under sub section (4) of section 357-A of the Act;
(b) the victim/claimant report the crime to the officer-in-charge of the police station within 48 hours of the occurrence : or any senior police officer or Executive Magistrate or Judicial Magistrate of the area provided that the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in reporting;
(c) the victim/claimant cooperate with the police and prosecution during the investigation and trial of the case.
Procedure for grant of compensation:-
5. (1) Whenever a recommendation is made by the Court or an application is made by any victim or his dependent under sub section (2) of section 357-A of the Act to the District Legal Services Authority, the District Legal Services Authority shall examine the case and verify the contents of the claim with regard to the loss or injury caused to victim and arising out of the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness. After verifying the claim, the District Legal Services Authority shall after due enquiry award compensation within two months, in accordance with provisions of this Scheme.
(2) Compensation under this Scheme shall be paid subject to the condition that if the Trial court while passing judgement at later date, orders the accused persons to pay any amount by way of compensation under sub-section (3) of section 357 of the Act, the victim/claimant shall remit an amount ordered equal to the amount of compensation, or the amount order to be paid under the said sub-section (3) of section-357 of the Act, which ever is less. An undertaking to this effect shall be given by the victim/claimant before the disbursal of the compensation amount.
(3) The District Legal Services Authority shall decide the quantum of compensation to be awarded to the victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including such incidental charges as funeral expenses etc. The compensation may vary from case to case depending on fact of each case.
(4) The quantum of compensation to be awarded to the victim or his dependents shall not exceed the maximum limit as per schedule-I.
(5) The amount of compensation decided under the scheme shall be disbursed to the victim or his dependents as the case may be, from the Fund.
(6) Compensation received by the victim from the State in relation to the crime in question, namely, insurance, ex-gratia and/or payment received under any other Act or State-run scheme, shall be considered as part of the compensation amount under these rule and if the eligible compensation amount exceeds the payments received by the victim from collateral sources mentioned above, the balance amount shall be paid out of Fund.
(7) The cases covered under Motor Vehicle Act, 1988(59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under the Scheme.
(8) The District Legal Services Authority, to alleviate the suffering of the victim, may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer-in-charge of the police station or Magistrate of the area concerned or any other interim relief as it may deem fit.
Order to be placed on record:-
6. Copy of the order of compensation passed under this Scheme shall be mandatorily placed on record of the trial Court to enable the court to pass order of compensation under sub-section(3) of section 357 of the Act.
Limitation:-
7. No claim made by the victim or his dependants under subsection(4) of section 357A of the Act shall be entertained sifter a period of six months of the crime:
Provided that the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the claim.
Appeal:-
8. Any victim aggrieved of the denial of compensation by the District Legal Services Authority may file an appeal before the State Committee within a period of ninety days:
Provided that the State Committee, if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the appeal.
SCHEDULE-I Sl. No. Particular of Loss or Injury Maximum limit of compensation 1 Loss of life Rs. 2.00 lacs 2 Loss of any limb or part of body resulting 80% or above handicap Rs. 50,000/- 3 Loss of any limb or part of body resulting 40% & below 80% handicap Rs. 20,000/- 4 Rape of Minor Rs. 50,000/- 5 Rape Rs. 20,000/- 6 Rehabilitation Rs. 20,000/- 7 Loss of any limb or part of body resulting below 40% handicap Rs. 10,000/- 8 Loss of injury causing severe mental agony to women and child victims in case like Human trafficking Rs. 10,000/- 9 Simple Loss or injury to Child victim Rs. 10,000/- By the order of Governor, Jharkhand Sd/- (J.B. Tubid) Principal Secretary.
Memo No. 3735/ Ranchi, Dated 03/08/2012 Copy forwarded to the Superintendent, Govt. Press, Doranda, Ranchi for publication in the next issue of Gazette and supply 200 copies to the undersigned.
Deputy Secretary to Govt.
Memo No. 3735/ Ranchi, Dated 03/08/2012 Copy forwarded to the Accountant General, Jharkhand, Ranchi / Principal Secretary to Governor of Jharkhand/Principal Secretary to the Chief Minister of Jharkhand/ All Principal Secretaries/Secretaries/Head of Department, Jharkhand/Registrar General, Jharkhand, High Court, Ranchi/All Divisional Commissioner, Jharkhand/Director General & Inspector General of Police, Jharkhand, Ranchi/Director/Asst. Director, Directorate of Prosecution, Jharkhand, Ranchi/All D.Cs/S.S.Ps/S.Ps., Jharkhand for information & necessary action please.
Deputy Secretary to Govt.
Memo No. 3735/ Ranchi, Dated 03/08/2012 Copy forwarded to Addl. Secretary, Ministry of Home Affairs (CS Division), Government of India, North Block, New Delhi for information please.
Deputy Secretary to Govt.