Victim Compensation Scheme in India: A Critical Analysis of Effectiveness and Implementation

Sabeena

doi:10.36948/ijfmr.2026.v08i05.88192

Victim Compensation Scheme in India: A Critical Analysis of Effectiveness and Implementation

Author(s)	Miss Sabeena
Country	India
Abstract	The protection of victims within the criminal justice ecosystem has historically occupied a peripheral role in Indian jurisprudence, with the State's prosecutorial machinery directing its energies almost exclusively toward apprehension, trial, and punishment of offenders. Victim compensation, as a distinct right enforceable through statutory and constitutional mechanisms, began gaining meaningful traction only in the latter decades of the twentieth century. The insertion of Section 357A into the Code of Criminal Procedure, 1973 by the Amendment Act of 2008 represented a watershed moment -mandating every State Government, in coordination with the Central Government, to prepare and implement a scheme for providing funds for the purpose of compensation to victims or their dependants who had suffered loss or injury as a result of a crime. Two decades after this legislative intent was given concrete form, however, the scheme's implementation across Indian states remains profoundly uneven, under-resourced, and structurally limited. This paper undertakes a critical analysis of the Victim Compensation Scheme (VCS) in India, tracing its legislative genealogy from Section 357 of the Cr.P.C. through Section 357A, examining the Model Scheme of 2018, and situating contemporary statutory provisions under the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023. Drawing upon judicial pronouncements, parliamentary committee reports, empirical studies, and comparative insights, the paper identifies structural lacunae including definitional ambiguities regarding "victim," inadequate quantum of compensation, procedural delays, low awareness among beneficiaries, and an absence of robust monitoring mechanisms. The paper concludes with concrete doctrinal and administrative recommendations directed toward transforming victim compensation from a rhetorical aspiration into an operational reality within the Indian criminal justice framework.
Keywords	: Victim Compensation, Section 357A Cr.P.C., NALSA, Criminal Justice Reform, Restorative Justice, BNSS 2023.
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-09-22
DOI	https://doi.org/10.36948/ijfmr.2026.v08i05.88192

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Victim Compensation Scheme in India: A Critical Analysis of Effectiveness and Implementation

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