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Comparative Analysis Of Victim Compensation Scheme Of State Of Gujarat And Bihar




Suryansh Singh & Aryan Garg, Institute of Law, Nirma University

Introduction

Victim is defined under Section 2(wa) of the Code of Criminal Procedure, 1973 (hereinafter CrPC), it defines victim as someone who has suffered any loss or injury which has been caused by act or omission for which the accused person has been charged, the expression “victim” will also include his or guardian or legal heir.1 Furthermore, Section 357A of the CrPC directs every State Government to come up with their own victim compensation scheme in coordination with the Central Government.2 The object of this victim handbook is therefore to look into the rights of the victim in terms of grant of compensation. This victim handbook focuses on the status of victim compensation schemes in two states of India, Gujarat and Bihar. We began by inquiring into the Central Victim Compensation Fund where we looked into the objective and eligibility criteria provided and how it facilitates the State Governments in formulating their respective compensation schemes. While inquiring into the victim compensation scheme of both the states we looked into the mechanism of victim compensation and kinds of victims eligible for compensation in both the states. Subsequently, we moved into inquiring whether any separate class of victim is classified by the legislation of the states or not, for example we tried to find out whether in Gujarat the Godhra riots victims have been categorized as a special class of victim or not. Then we moved on to analyze the range of compensation provided in different compensation schemes, here we tried to look into the uniformity in compensating a victim of a specific crime and in case of any non-uniformity the reason for the same.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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