Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2019 9

Section 9 · Procedure For Grant of Compensation

(1)

Wherever, a recommendation is made by the court for compensation under sub-section (2) and/or (3) of Section 357A of the Code, or an application is made by any victim or her dependent(s) under sub-section (4) of Section 357A of the Code, to the State Legal Services Authority or District Legal Services Authority, for interim compensation it shall prima facie satisfy itself qua compensation needs and identity of the victim. As regards the final compensation, it shall examine the case and verify the contents of the claim with respect to the loss/injury and rehabilitation needs as a result of the crime and may also call for any other relevant information necessary for deciding the claim.Provided that in deserving cases and in all acid attack cases, at any time after commission of the offence, Secretary, SLSA or Secretary, DLSA may suo-moto or after preliminary verification of the facts proceed to grant interim relief as may be required in the circumstances of each case.

(2)

The inquiry as contemplated under sub-section (5) of Section 357A of the Code, shall be completed expeditiously and the period in no case shall exceed beyond sixty days from the receipt of the claim/petition or recommendation.Provided that in cases of acid attack an amount of Rs. One lakh shall be paid to the victim within 15 days of the matter being brought to the notice of DLSA. The order granting interim compensation shall be passed by DLSA within 7 days of the matter being brought to its notice and the SLSA shall pay the compensation within 8 days of passing of the order. Thereafter, an amount of Rs. 2 Lakh shall be paid to the victim as expeditiously as possible and positively within two months of the first payment*Provided further that the victim may also be paid such further amount as is admissible under this Scheme.

(3)

After consideration of the matter, the SLSA or DLSA, as the case may be, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or her dependent(s) taking into account the factors enumerated in Clause 8 of the Scheme, as per schedule appended to this chapter. However, in deserving cases, for reasons to be recorded, the upper limit may be exceeded.Moreover, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the Schedule appended to this chapter.* Victim of Acid attack are also entitled to additional compensation of Rs. 1 Lac under Prime Minister's National Relief Fund vide memorandum no.24013/94/Misc/2014- CSR.III/Goi/MHA dated 09.11.2016.Victim of Acid Attack are also entitled special financial assistance up to Rs. 5 lacs who need treatment expenses over and above the compensation paid by the respective State UTs in terms of Central Victim Compensation Fund Guidelines-2016, no.24013/94/Misc/2014-CSR.III. MHA/Gol.

(4)

The SLSA/DLSA may call from any record or take assistance from any Authority/Establishment/Individual/Police/Court concerned or expert for smooth implementation of the Scheme.

(5)

In case trial/appellate court gives findings that the criminal complaint and the allegation were false, then Legal Services Authority may initiate proceedings for recovery of compensation, if any, granted in part or full under this Scheme, before the Trial Court for its recovery as if it were a fine.

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