Victim compensation should be independent of fine imposed on offenders: Kerala High Court
The Kerala High Court ruled that victim compensation schemes must operate independently of fines imposed on offenders in criminal cases. The court emphasized that survivors of acid attacks require comprehensive rehabilitation that goes beyond the limited financial penalties paid by perpetrators.
Why it matters
This legal precedent strengthens the rights of crime victims to receive adequate state-funded support, ensuring rehabilitation is not solely dependent on the offender's ability to pay.
The Kerala High Court recently observed that the compensation awarded under the Victim Compensation Scheme should be independent of and in addition to the compensation levied from the offender.
The court directed the Kasaragod District Legal Services Authority to conduct an inquiry and determine the amount of compensation payable to the survivors, and ensure that the payment is disbursed without undue delay.
The Single Bench of Justice Jobin Sebastian was considering a petition by the survivors in an acid attack, where the offender was sentenced to 12 years of imprisonment and was slapped a fine of ₹40,000 to be paid to the victims. The petitioners contended that the Sessions Court failed to make a recommendation under the Victim Compensation Scheme and that the compensation awarded was ‘grossly inadequate’ considering the nature of their injuries.
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