victim compensation fund

MAHARASHTRA VICTIM COMPENSATION SCHEME,

2014.

Scheme for providing funds for the purpose of compensation to the victims or their dependents, who have suffered loss or injury as a result of a crime and who 

require rehabilitation.

SOME IMPORTANT DEFINITIONS

VICTIM: means as defined in

section 2(wa) of Code of

Criminal Procedure, 1973. a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has

been charged and the expression “victim” includes his or her guardian or legal heir.

DEPENDENTS: Wife Husband Mother Father Unmarried daughter Minor children Includes other legal heirs found fully

dependent on victim.

VICTIM COMPENSATION FUND State Government to allot

separate budget Fines amounts

deposited in court. Compensation amount recovered from

accused. Donations or contributions from

International, National, Philanthropist, Charitable Institutions or organizations and individuals.

ADMINISTRATION

• Shall be operated by Secretary , Maharashtra State Legal Authority.

• Home Department shall be Nodal Department.

• Maharashtra State Legal Services Authority shall be accountable.

ELIGIBILITY Victim or his/her dependents on Recommendations by court Victim or claimants have given

report of crime. Victim or claimants co-operates

with police/ prosecution Victim is not compensated in any

other scheme.

ELIGIBILITY

Substantial financial loss has caused.

Victim has incurred lot of expenses on physical and mental rehabilitation.

Crime has occurred within Maharashtra State.

Government employees and income tax payees not eligible.

PROCEDURE

Verify the claim Carry inquiry. Complete inquiry within two

months. Award adequate

compensation. Take undertaking of

remittance by claimant. Disbursed compensation

amount.

QUANTUM OF COMPENSATION Medical expenses

incurred. Minimum sustenance

amount for rehabilitation. Incidental charges such

as funeral expenses etc. Loss caused to victim. Compensation received

from collateral sources.

QUANTUM OF COMPENSATION

Regard must be given to minimum wages and Schedule appended to the Motor Vehicles Act, 1988.

Shall not exceed the maximum limit as per the Schedule.

GENERAL PROVISIONS Cases covered under the

Motor Vehicles Act, 1988 not covered under this scheme.

To alleviate suffering of the victim immediate first aid facility or medical treatment can be given free of cost.

Any other interim relief. Order of compensation shall

be placed on record of trial court.

RECOVERY

If claim is false, vexatious or fabricated compensation awarded shall be recovered with fifteen percent interest per annum.

District Legal Services Authority may institute recovery proceedings before court against accused to recover compensation amount.

LIMITATION

No claim shall be entertained after a period of six months of the crime.

Provided if District Legal Service Authority is satisfied for reasons recorded in writing may condone the delay.

APPEAL Any victim aggrieved may file

appeal before State Legal Service Authority within a period of ninety days.

Provided if State Legal Service Authority is satisfied for reasons recorded in writing may condone the delay.

ScheduleSr. No Particulars of loss or injury Maximum limit of compensation

1. Loss of Life Rs. 2.00 lacs

2. Permanent Disability Rs. 0.50 lacs

3. Acid attack Rs. 3.00 lacs

4. Funeral expenses Rs. 2000.

5. Medical expenses Rs. 15000.

Mahesh S. Lone