Criminal Procedure Code, 1973 S. 357-A - Haryana Victims Compensation Scheme 2013, Clauses 4 and 5(1) - Envisages a situation where an application can be filed by a victim or his dependent directly to the State or the District Legal Services Authority for award of compensation i.e. where the offender is not traced or identified and where no trial takes place - No recommendation has been made by the trial Court at the time of conclusion of trial opining that the compensation being awarded under Section 357 Cr.P.C. was not adequate and as a result thereof, the recommendation is made to the State or the District Legal Service Authority for awarding more compensation - Application before District Legal Service Authority - Without jurisdiction. (182) PLR

 

Criminal Procedure Code, 1973 S. 357(1)(c) - Persons who are entitled to be compensated by Court for the death of their near and dear ones, could be the spouse, parent or child of such victim but they may not necessarily be entitled to seek compensation within the scheme formulated under Section 357-A unless it is proved that such a claimant was `dependent' on the deceased and requires `rehabilitation' - To say it differently, it is nowhere contemplated under the scheme of the Code that the compensation recoverable from an accused or admissible under the Victim Compensation Scheme [Sections 357(1)(c) & 357-A], is payable only to the `legal heirs' of a deceased victim. (173) PLR