Victim Support • Reporting, Safety & Remedies
Victim Rights & Compensation, Clearly Explained
Investigation • Protection • DLSA • Compensation
Guidance on FIR escalation, investigation concerns, protest petitions, compensation, threats, witness safety, bail violations and enforcement.
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Questions 1–15
Victim rights and compensation remedies
1How does the "Crime Victim Compensation Board" work?
Every state has a board which provides compensation to crime victims on behalf of the government. You can get compensation by applying to the District Legal Services Authority (DLSA) or the office of the concerned District Magistrate.
2Are court fees waived off for "crime victims"?
Section 357 CrPC concerns a criminal court's power to award compensation from a fine or otherwise; it is not a general provision for waiving court fees. A victim who cannot afford legal costs should ask the DLSA about free legal services and applicable fee exemptions under the relevant court-fee rules or scheme.
3Police is not registering FIR, what should the victim do?
First give written complaint to the police station in-charge. Then send it to the Superintendent of Police by registered post. Even if no action is taken, an application under section 156(3) can be filed before the Magistrate.
4Does the victim have the right to see the case diary?
Case diary is not generally given to the parties. But the court, government advocate and investigating officer take action on its basis.
5The investigating officer is being biased, what should the victim do?
Give written complaint to senior police officer. If the situation is serious, an impartial investigation or investigation monitoring can be demanded from the court.
6Police has filed the final report, what is the remedy for the complainant?
File a protest petition after receiving notice from the court. If the court finds prima facie a crime, it can take cognizance by rejecting the final report.
7Who is considered a victim in NDPS?
This is considered a crime against the society and the state. Therefore the prosecution is carried out by the state.
8Where to apply for Victim Compensation Scheme?
Apply to the District Legal Services Authority, i.e. DLSA. In districts like Varanasi, Prayagraj, Mirzapur, it is available in the District Court premises.
9Can the victim get compensation even if the accused is acquitted?
Yes in some circumstances. State victim compensation schemes focus on the damage caused by the crime, not just the conviction.
10Does the role of victim end after punishment?
No. The victim can also take further legal steps on adequacy of punishment, compensation, appeal, intimidation, witness protection and order compliance.
11The accused was acquitted, will action be taken against the complainant in a false case?
Mere acquittal does not result in action being taken against the complainant. Only if it is proved that a false case was deliberately made, an action for defamation or false complaint is possible.
12What should the accused do to clear his record after acquittal?
Take a certified copy of the acquittal order, apply for correction in police record/verification and seek direction from the concerned authority or court, if needed.
13The victim is receiving threats, what to do immediately?
Secure threat audio, video, message. Immediately complain to the police station and senior police officer. Inform the court about pending cases.
14The accused released on bail broke the condition, what should the victim do?
File bail cancellation application along with evidence. If there is a new threat or attack, then file a separate FIR also.
15The court gave compensation, but the accused is not paying, what to do?
Apply for execution of order. The court may take recovery, penalty proceedings or other statutory steps.
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