Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018

Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018 

Compensation Scheme for Women Victims of Sexual Assault 2018 

This Chapter may be called the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018. It shall come into force on the date as and when ordered by Hon’ble Supreme Court of India.It shall apply to the victims and their dependent(s) who have suffered loss, injury, as the case may be, as a result of the offence committed and who require rehabilitation.

DEFINITIONS 

1) In this Chapter, unless the context otherwise requires:— 

(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); 

(b) ‘Dependent’ includes husband, father, mother, grandparents, unmarried daughter and minor children of the victim as determined by the State Legal Services Authority or District Legal Services Authority on the basis of the report of the Sub- Divisional Magistrate of the concerned area/Station House Officer/Investigating Officer or on the basis of material placed on record by the dependents by way of affidavit or on its own enquiry. 

(c) “District Legal Services Authority” means the District Legal Services Authority (DLSA)constituted under section 9 of the Legal Services Authorities Act, 1987(Act 39 of 1987) for a District of the National Capital Territory of Delhi; 

(d) ‘Form’ means form appended to the Scheme as applicable to this Chapter. 

(e) ‘Fund’ means State fund i.e. victim compensation fund constituted under the State Victim Compensation Scheme. 

(f) ‘Central Fund’ means funds received from CVCF Scheme, 2015. 

(g) ‘Women Victim Compensation Fund’ – means a fund segregated for disbursement for women victim, out of State Victim Compensation Fund and Central Fund. [Within the State Victim Compensation Fund, a separate Bank Account shall be maintained as a portion of that larger fund which shall contain the funds contributed under CVCF Scheme by MHA, GOI contributed from Nirbhaya Fund apart from funds received from the State Victim Compensation Fund which shall be utilised only for victims covered under this Chapter] 

(h) ‘Government’ means ‘State Government’ wherever the State Victim Compensation Scheme or the State Victim Compensation Fund is in context and ‘Central Government’ wherever Central Government Victim Compensation Fund Scheme is in context and includes UTs. 

NALSA’s “Compensation Scheme for women Victims/Survivors of Sexual Assault/other Crimes -2018” 
  • (i) ‘Injury’ means any harm caused to body or mind of a female. 
  • (j) ‘Minor’ means a girl child who has not completed the age of 18 years. 
  • (k) ‘Offence’ means offence committed against women punishable under IPC or any other law. 
  • (l) ‘Penal Code’ means Indian Penal Code, 1860 (45 of 1860); 
  • (m) ‘Schedule’ means schedule applicable to this Chapter/Part of the scheme. 
  • (n) “State Legal Services Authority” means the State Legal Services Authority (SLSA), as defined in Section 6 of the Legal Services Authorities Act, 1987 (39 of 1987) 
  • (o) ‘Sexual Assault Victims” means female who has suffered mental or physical injury or both as a result of sexual offence including Sections 376 (A) to (E), Section 354 (A) to (D), Section 509 IPC. 
  • (p) ‘Woman Victim/ survivor of other crime’ means a woman who has suffered physical or mental injury as a result of any offence mentioned in the attached Schedule including Sections 304 B, Section 326A, Section 498A IPC (in case of physical injury of the nature specified in the schedule) including the attempts and abetment. 
(2) Words and expressions used in this Chapter and not defined here, shall have the same meaning as assigned to them in the Code of Criminal Procedure, 1973 or/and the Indian Penal Code, 1860. 

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Source: NALSA
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