recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
2. 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.
4. 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.
5. ADMINISTRATION
• Shall be operated by
Secretary , Maharashtra
State Legal Authority.
• Home Department shall be
Nodal Department.
• Maharashtra State Legal
Services Authority shall be
accountable.
6. 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.
7. 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.
8. PROCEDURE
Verify the claim
Carry inquiry.
Complete inquiry within two
months.
Award adequate
compensation.
Take undertaking of
remittance by claimant.
Disbursed compensation
amount.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Schedule
Sr. 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.