Victim Compensation Scheme in West Bengal — Complete Guide for Crime Victims

The Victim Compensation Framework

Section 357A CrPC, introduced by the Code of Criminal Procedure (Amendment) Act, 2008, requires every state government to prepare a scheme for providing funds for compensation to victims of crime or their dependants who have suffered loss or injury. The West Bengal Victim Compensation Scheme was framed pursuant to this mandate. The scheme is administered by the District Legal Services Authority (DLSA) in each district, under the supervision of the State Legal Services Authority (SLSA).

The scheme covers a wide range of offences: murder, rape, acid attacks, human trafficking, kidnapping for ransom, POCSO offences, grievous hurt resulting in permanent disability, and other serious crimes where the victim has suffered substantial loss. It also covers dependants of victims — the spouse, children, and parents of a deceased victim. The scheme is particularly important because in many cases, the offender may be poor and unable to pay court-ordered compensation, or the offender may never be identified. The state steps in to fulfill its welfare obligation to the victim.

In Kolkata, the DLSA office is located at the Bankshall Court complex. The DLSA has a panel of lawyers (legal aid counsels) who can assist victims in filing compensation applications free of cost. Additionally, the court before which the criminal case is pending can also recommend victim compensation. The system is meant to be victim-friendly and accessible, with minimal procedural barriers.

Applying for Compensation and Maximizing Your Award

The application procedure: (1) Obtain the application form from the DLSA office or download from the SLSA website. (2) Fill out the form with: details of the crime (FIR number, date, police station, sections), details of injuries or losses suffered, the compensation amount claimed with justification, and bank account details for direct transfer. (3) Attach supporting documents — FIR copy, medical reports and bills, disability certificate if applicable, death certificate and proof of dependency (for death cases), income proof (to establish loss of livelihood), and identity/address proof. (4) Submit to the DLSA office. The DLSA may call the victim for a personal hearing to assess needs.

(5) The DLSA conducts a summary inquiry and forwards its recommendation along with the proposed compensation amount to the District Judge or the SLSA. (6) If approved, the compensation is disbursed — typically by direct bank transfer to the victim's account. The entire process targets completion within 2-6 months, with interim relief available within 1-2 months. A lawyer can assist by: drafting a comprehensive application highlighting all losses, assembling and authenticating all documentary evidence, advocating for the maximum compensation justified by the victim's circumstances, following up with the DLSA and court for timely processing, and pursuing both state scheme compensation and court-ordered compensation from the offender simultaneously.