West Bengal Victim Compensation Scheme

&# 8220;Victim” means a person who himself has suffered loss or injury as a result of
crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. and requires rehabilitation and includes dependent.

 Sec 4 Eligibility Criteria

4. A victim of acidAcid A chemical that gives off hydrogen ions in water and forms salts by combining with certain metals. Acids have a sour taste and turn certain dyes red. Some acids made by the body, such as gastric acid, can help organs work the way they should. An example of an acid is hydrochloric acid. Acidity is measured on a scale called the pH scale. On this scale, a value of 7 is neutral, and a pH value of less than 7 to 0 shows increasing acidity. attack and sexual offences including rape and human trafficking shall be Compensation eligible for the grant of compensation if :—
(a) a recommendation is made by the Court for compensation under sub-section (2) of
Section 357A of the Act;
(b) the Trial Court, at the conclusion of the trial, is satisfied, that the compensation
awarded under 357 is not adequate for such rehabilitation, or where the cases end
in acquittal or discharge and the victim has been rehabilitated, makes
recommendation for compensation under sub-section (3) of section 357(A) of the
Act;
(c) the offender is not traced or identified, but the victim is identified and where no
trial takes place, such victim or his dependent may apply for award of compensation
under sub-section (4) of section 357A of the Act;
(d) they should not have been compensated for the loss or injury under any other scheme
of the Central or State Government, Insurance Company or any other institutions.

Sec-5 Procedure For Granting Compensation

(1) Whenever a recommendation is made by the Court of Compensation or an application Compensation is made by any victim or his dependent under sub-section (4) of section 357A of the Act to the State or the District Legal Services Authority, the State or the District Legal Services Authority shall examine the case and shall verify the contents of the claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. with regard to the loss or injury caused to the claimant and also may call for any other relevant information necessary for consideration of the claim from the concerned victim or his dependent. After verifying the claim and after due enquiry the State or the District Legal Services Authority shall award compensation under sub-section (5) of section 357A of the Act.

(2) The State or the District Legal Services Authority, as the case may be, 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.

(3) The quantum of compensation to be awarded to the victim or his dependents shall not exceed from the maximum limit as per Schedule-I.
(4) The amount of compensation as appended to these scheme by the State or the District
Legal Services Authority shall be disbursed to the victim or his dependents, as the case may be, from the Victim Compensation Fund.
The cases covered under Motor Vehicles Act, 1988 (59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under these Scheme.
(6) The State or 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 concern, or any other interim relief as it may deem fit.

6. Under these Scheme, no claim made by the victim or his dependents under sub-section
(4) of section 357A of the Act shall be entertained after a period of six months of the Crime.
Provided that, the State or the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing may condone the delay in filing the claim.