PREAMBLE

Whereas, regarding The Victim Compensation Scheme of The Home Ministry, Government of India and sale of Acid etc. and in the case of Laxmi (minor). The Hon'ble Supreme Court has directed that under section-357A of the Code of Criminal Procedure all States should prepare a scheme. Bihar Victim Compensation Scheme, 2011 had been framed in that light, but certain amendment is felt necessary in the light of the observation of the Hon'ble Supreme Court. Therefore is lieu of amendment Bihar Victim Compensation Scheme, 2014 is necessary to be notified.

Now, therefore in exercise of the powers conferred by section 357-A of the Code of Criminal Procedure, 1973 (Act 2 of 1974), the Governor of Bihar is hereby pleased to make the following scheme, superseding The Bihar Victim Compensation Scheme, 2011 for purpose of granting compensation to the victims or their dependents who sustain damage or hurt due to offences and who are in need of rehabilitation:--

Scheme - 1. Short title, extent and commencement.--

(1)     This scheme shall be called the Bihar Victim Compensation Scheme, 2014.

(2)     It shall extend to the whole of the State of Bihar.

(3)     It shall come into force at once.

Scheme - 2. Definition.--

In this scheme, unless the context otherwise requires:--

(a)      "Act" means the Code of Criminal Procedure, 1973 (2 of 1974);

(b)      "

(c)      "Crime" means illegal act of omission or commission or an offence committed against the human body of the victim;

(d)      "Dependents" means wife/husband, father, mother, unmarried daughter, minor children, widow daughter, divorcee daughter, son and daughter-in-laws and includes other legal heir of the victim who, on providing sufficient proof, is found fully dependent on the victim by the District Legal Services Authority;

(e)      "Court" $ as defined under section-3 of the Indian Evidence Act, 1872.

(f)       "Family" means parents, children and includes all blood relations living in the same household;

(g)      "Victim" means victim as defined under section 2(wa) of the Code of Criminal Procedure, 1973 (2 of 1974);

(h)     "State" means the State of Bihar.

Scheme - 3. Victim Compensation Fund.--

(1)     There shall be constituted a fund namely Victim Compensation Fund.

(2)     The Victim Compensation Fund shall consist of.?

(a)      budgetary allocation for which necessary provision shall be made in the annual budget by the State.

(b)      receipt of amount of fines imposed under section 357 of the Act# and ordered to be deposited by the Courts in the Fund.

(c)      amount of compensation recovered from the wrong doer/accused under clause 7 of the Scheme.

(3)     Law Department shall be Nodal Department for regulating, administering and monitoring this scheme.

(4)     To alleviate the suffering of the victim, The District Legal Services Authority, may order for immediate first aid facility to be made available free of cost on the certificate of the Police Officer not below the rank of Officer Incharge of the Police Station or Magistrate of the area concerned, or any other relief, as it may deem fit.

(5)     The Fund shall be operated by the Member Secretary, State Legal Services Authority.

Scheme - 4. Eligibility for compensation.--

A victim shall be eligible for the grant of compensation where--

(a)      a recommendation is made by the Court under sub-sections (2) and (3) of section 357-A of the Act* or the offender is not traced or identified, and where no trial takes place, such victim may also apply for grant of compensation under sub-section (4) of section 357-A of the Act*;

(b)      the victim/claimant report the crime to the officer incharge of the police station or any Judicial Magistrate of the area within 48 hours of the occurrence.

Provided that the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in reporting;

(c)      the offender is traced or identified and where trial has taken place, the victim/claimant has co-operated with the police and prosecution during the investigation and trial of the case;

(d)      the crime on account of which the compensation which to be paid under this scheme should have been occurred within the jurisdiction of Bihar State.

Scheme - 5. Procedure for grant of compensation.--

(1)     Whenever a recommendation is made by the Court under sub-section (2) of section 357-A of the Act* or an application is made by any victim or his dependent under sub-section (4) of section 357-A of the Act* to the District Legal Service Authority, the District Legal Service Authority shall examine the case and verify the contents of the claim with regard to the loss or injury caused to victim and arising out the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness of the claim. After verifying the claim and by conducting due enquiry, the District Legal Service Authority shall award compensation within two months, in accordance with provisions of this scheme:

Provided that to the victim of the acid attack Rs. 1,00,000/-(one lac rupees) shall be paid to the victim within fifteen days of the information of occurrence and rest Rs. 2,00,000/- (two lac rupees) shall be paid within the two months from the aforesaid payment.

(2)     The District Legal Services Authority shall decide the quantum of compensation to be awarded to the victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including such incidental charges as funeral expense etc. The compensation may vary from case to case depending on fact of each case.

(3)     The quantum of compensation to be awarded to the victim or his dependents shall be as per

(4)     The cases covered under Motor Vehicles Act, 1988 (59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under the Scheme.

(5)     The District Legal Services Authority, to alleviate the suffering of the victim, may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer-in-charge of the police station or Magistrate of the area concerned, or any other relief, as it may deem fit.

(6)     Compensation received by the victim from the Central/State Government, insurance company in relation to the crime in question, namely, insurance, ex-gratia and/or under any other Act or any other State run scheme, shall be considered as part of the compensation amount under this scheme and if the eligible compensation amount exceeds the payments received by the victim from collateral sources mentioned above, the balance amount shall be paid out of Fund.

Scheme - 6. Order to be placed on record.--

Copy of the order of compensation passed under this Scheme shall be mandatorily placed on record of the trial Court to enable the court to pass order of compensation under sub-section (3) of section 357 of the Act+.

Scheme - 7. Recovery of compensation awarded to victim from wrong doer/accused.--

The District Legal Services Authority, if deem it proper, may institute proceedings before the competent Court of law for recovery of the compensation granted to the victim or his/her dependent(s) from the person responsible for causing loss or injury as a result of the crime committed by him.

Scheme - 8. Limitation.--

No claim made by the victim or his dependents under sub-section (4) of section 357-A of the Act+ shall be entertained after a period of six months of the crime:

Provided that the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the claim.

Scheme - 9. Appeal.--

Any victim aggrieved of the denial of compensation by the District Legal Service Authority may file an appeal before the State Legal Services Authority within a period of 90(ninety) days:

Provided that the State Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the appeal.

Scheme - 10. Scheme to be laid before Legislature.--

Scheme shall be laid, as soon as may be after it is made, before the House of the Legislature, while it is in Session for a total period of fourteen days.

This period may be comprised in one Session or in two or more successive Sessions. If, before the expiry of the Session immediately following in Session or the successive Sessions aforesaid, the House agree in making any modification in the Scheme or the House agrees that the Scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the Scheme.

Scheme - 11. Power to remove difficulty.--

If any difficulty arises in giving effect to any of the provisions of this scheme, the Government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this scheme, as may appear to it be necessary or expedient for removing the difficulty.

Scheme - 12. Repeal and savings.--

With effect from the date of coming into force of this scheme, the Bihar Victim Compensation Scheme, 2011 shall stand repeal* and notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under that scheme shall be deemed to have been done or taken in exercise of the powers conferred under this scheme, as if this scheme were in force of the day on which such things or action was done or taken.

Schedule

The following expenses shall be payable in addition to compensation outlined above--

(i) ????Funeral expenses Rs. 2,000/-

(ii) ???Medical Expenses-Actual expenses incurred before death or on account of injury supported by bills/vouchers but not exceeding Rs. 15,000/-