Haryana Victim Compensation Scheme, 2020 (Part-I and Part-II)

What is the Haryana Victim Compensation Scheme, 2020?

Haryana Victim Compensation Scheme, 2020 is a two-part scheme framed by the Government of Haryana under Section 357-A of the Code of Criminal Procedure and notified on 1 June 2020. Its purpose, in the words of the Haryana State Legal Services Authority, is to provide compensation to the victim or the victim's dependants who have suffered loss or injury as a result of a crime and who require rehabilitation.

The scheme comes in two parts, notified together:

• Haryana Victim Compensation Scheme, 2020 (Part-I), for all victims other than those covered by Part-II. It replaced the earlier Haryana Victim Compensation Scheme, 2013.
• Haryana Compensation Scheme for Women Victims / Survivors of Sexual Assault / other Crimes, 2020 (Part-II), for women survivors, implemented in line with the Supreme Court's order in Nipun Saxena v. Union of India and the NALSA model scheme of 2018.

Compensation is not paid by the police or the state treasury directly. It is awarded by the District Legal Services Authority (DLSA), and in some Part-II cases by the Haryana State Legal Services Authority (HSLSA) — either on the recommendation of the trial court or on an application by the victim.

Which crimes are covered?

Part-I provides compensation to victims of:

• Acid attack
• Physical abuse of a minor
• Human trafficking
• Sexual assault, excluding rape
• Death
• Permanent disability
• Partial disability
• Burns affecting more than 25 per cent of the body, other than acid attack
• Cross-border firing

Part-II provides compensation to women victims and survivors of:

• Loss of life
• Gang rape and rape
• Unnatural sexual assault
• Loss of any limb
• Grievous physical injury or mental injury requiring rehabilitation
• Loss of foetus, that is miscarriage as a result of assault, or loss of fertility
• Pregnancy on account of rape
• Burning
• Acid attack

In Part-II, "sexual assault victim" means a female who has suffered mental or physical injury as a result of a sexual offence including Sections 354(A) to 354(D), Sections 376(A) to 376(E) and Section 509 of the Penal Code, while "woman victim of other crime" covers offences such as Sections 304-B, 326-A and 498-A, including attempts and abetment.

Who is eligible, and who is not eligible?

Under Part-I, a victim is eligible for compensation where:

• The trial court has made a recommendation under sub-sections (2) and (3) of Section 357-A CrPC. Without such a recommendation, the DLSA cannot grant compensation, except where the offender was never traced or identified.
• The offender was not traced or identified and no trial took place; in which case the victim may apply directly under Section 357-A(4).
• The victim or claimant reported the crime within 48 hours to the officer-in-charge of the police station, a senior police officer, an Executive Magistrate or a Judicial Magistrate. Delay may be condoned by the DLSA for reasons recorded in writing.
• The victim or claimant cooperated with the police and prosecution during the investigation and trial.
• The family income does not exceed Rs 4,50,000 per annum.
• The crime occurred within the jurisdiction of the State of Haryana.

The following cannot apply or are not eligible under Part-I:

• Employees of the Central or State Government, boards, corporations and public undertakings.
• Income tax payees.
• Claimants in motor accident cases covered by the Motor Vehicles Act, 1988, where the Motor Accident Claims Tribunal awards compensation.
• Minor victims under the POCSO Act, 2012, so far as Part-II is concerned, because compensation there is decided by the Special Court.

Under Part-II, a woman victim or her dependants may claim from multiple schemes applicable to her; compensation already received under other schemes in terms of Section 357-B CrPC is taken into account when the quantum is decided in a later application. Where the victim is a minor, the limit of compensation is deemed to be 50 per cent higher than the Schedule-I amount.

How much compensation is paid?

The quantum is fixed by Schedule-I of each scheme, and the DLSA decides the actual amount case by case, taking into account the loss caused, medical expenses for treatment, the minimum sustenance needed for rehabilitation, and incidental charges such as funeral expenses. In deserving Part-II cases, for reasons recorded, the upper limit in the Schedule may be exceeded.

Three figures are fixed on the face of the scheme:

• Acid attack, Part-I: Rs 1 lakh within 15 days of the occurrence, and the balance Rs 2 lakh as expeditiously as possible and positively within two months.
• Acid attack, Part-II: Rs 1 lakh within 15 days of the matter being brought to the DLSA's notice, with the interim order passed within seven days and payment within eight days of the order; thereafter Rs 2 lakh within two months of the first payment.
• Minor victims, Part-II: the Schedule limit is deemed 50 per cent higher.

Acid attack victims are separately entitled to Rs 1 lakh from the Prime Minister's National Relief Fund under MHA memorandum dated 9 November 2016, and to special financial assistance up to Rs 5 lakh for treatment expenses over and above state compensation under the Central Victim Compensation Fund Guidelines, 2016. Both are claimed through the office of the concerned Deputy Commissioner, not through the DLSA.

Compensation for a minor is deposited in a fixed deposit rather than paid out in cash.

How to apply for victim compensation in Haryana

1. Report the crime to the police station, a senior police officer, an Executive Magistrate or a Judicial Magistrate, ideally within 48 hours of the occurrence, and keep a copy of the FIR or DDR.
2. Open vcs.hslsa.gov.in, the Haryana Victim Compensation System portal run by HSLSA, and click the Registration link on the home page.
3. Enter your name, mobile number and the captcha and complete the registration steps shown on screen.
4. Upload the documents: Aadhaar card, PAN card, bank passbook, and the affidavit and undertaking.
5. Submit the application, note the reference number, and follow it with Check Status on the same portal.
6. If you cannot apply online, visit the front office of your District Legal Services Authority with the same documents plus a photograph, and file the claim there.

Where the trial court has already recommended compensation, the court sends a copy of the order directly to the DLSA, and Special Courts under the POCSO Act quantify the compensation and send it to the DLSA for disbursal. In those cases the victim does not need to start the claim, but should still be in touch with the DLSA so the bank details and undertaking reach the file.

How long the decision takes

• Part-I: the DLSA verifies the claim, conducts due enquiry, and awards compensation within two months.
• Part-II: the inquiry under Section 357-A(5) CrPC must be completed expeditiously and in no case beyond sixty days from receipt of the claim, petition or recommendation.
• Acid attack, either part: interim relief within seven days, payment within eight days of the order, and Rs 1 lakh within 15 days.

The DLSA may also order immediate first aid or free medical benefits on the certificate of a police officer not below the rank of the station house officer or the Magistrate of the area, or any other interim relief it thinks fit, before the final award.

Conditions attached to the compensation

• Undertaking to remit. If the trial court later orders the accused to pay compensation under Section 357(3) CrPC, the victim must remit an amount equal to the compensation received or the amount so ordered, whichever is less. An undertaking to this effect is given before disbursal.
• Collateral sources counted. Insurance, ex-gratia, payment under any other Act or a state-run scheme is treated as part of the compensation. Only the balance is paid from the fund.
• Recovery for false complaints. If the trial or appellate court finds the complaint and allegations were false, the Legal Services Authority may move the trial court to recover the compensation as if it were a fine.
• Addition to fine. Compensation under the scheme is in addition to any fine paid to the victim under Section 326-A of the Indian Penal Code.

Common reasons a victim compensation claim stalls

• No recommendation from the trial court in a Part-I case where the offender has been traced and the trial is running.
• Delay in reporting the crime beyond 48 hours without a condonation request explaining the delay.
• Family income above Rs 4.5 lakh, or the claimant being a government or PSU employee or an income tax payee, under Part-I.
• Crime committed outside Haryana, which puts it outside the state scheme.
• Motor accident cases, which belong before the Motor Accident Claims Tribunal.
• Missing affidavit and undertaking, without which the DLSA cannot disburse.
• Bank account details not matching the victim's identity documents.

Where to get help

• Haryana State Legal Services Authority: phone 0172-2562309, email hslsa.haryana [at] gmail [dot] com
• Victim Compensation System portal: vcs.hslsa.gov.in for online application and Check Status
• District Legal Services Authority front office in your district court complex, for offline filing and for interim relief requests
• HSLSA helpline page at hslsa.gov.in/helpline for district-wise contacts

Legal services and victim compensation are free. No advocate or agent may charge a fee for filing a claim under the Haryana Victim Compensation Scheme, 2020, and free legal aid is available through the same District Legal Services Authority that decides the claim.

How to check your application status

1. Keep the reference number you were given when you registered and submitted the claim on vcs.hslsa.gov.in, or the acknowledgment slip if you filed offline at the District Legal Services Authority front office.
2. Open vcs.hslsa.gov.in and use the Check Status option on the home page. Enter the reference number (and mobile number, if the form asks for it) to see the stage your claim has reached.
3. If the portal shows the claim as pending with the DLSA, that means the enquiry required under Section 357-A is still on, so no separate confirmation is needed from you at that point unless the DLSA itself asks for a missing document.
4. For claims that came through the trial court (where the court has already recommended compensation, or a Special Court has quantified it under POCSO), the online Check Status tool may not show a record created by you. In that case, contact the DLSA office directly, since the file was opened on the basis of the court's order rather than an online application.
5. If the portal is down or the status has not moved for a while, call the Haryana State Legal Services Authority on 0172-2562309, or visit the District Legal Services Authority front office in your district court complex in person and ask for the status against your reference number or case number.
6. Once the DLSA passes an award, the amount is released to the bank account on record (or placed in a fixed deposit if the victim is a minor); the DLSA or its front office can confirm whether the payment has been released if it does not reflect in the account within the expected two month (Part-I) or sixty day (Part-II) window, or the shorter acid attack timelines.