Evaluating the effectiveness of the rajasthan victim compensation scheme: A legal and policy analysis

Authors

  • Mangla Sharma Research Scholar, Apex School of Law, Apex University, Jaipur, Rajasthan Author
  • Prof. (Dr.) Pradeep Kumar Goyal Supervisor, Apex School of Law, Apex University, Jaipur, Rajasthan Author

DOI:

https://doi.org/10.29070/ps0mxk04

Keywords:

Victim Compensation, Rajasthan Victim Compensation Scheme, Section 396 BNSS, Restorative Justice, Rehabilitation, RSLSA, DLSA, Victims' Rights, Access to Justice, Constitutional Compensation

Abstract

Victim compensation is now an established component of Indian criminal procedure, but the Practical value of a compensation scheme depends upon whether relief reaches the victim promptly, adequately and without avoidable procedural burden. This article evaluates the Rajasthan Victim Compensation Scheme as a legal and administrative mechanism for restorative and rehabilitative justice. It situates the Scheme within Articles 14, 21 and 39-A of the Constitution of India; the Legal Services Authorities Act, 1987; the former section 357-A of the Code of Criminal Procedure, 1973; and section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It also considers the nationally applicable framework developed for women survivors of sexual assault and other crimes, special protections under the Protection of Children from Sexual Offences Act, 2012, and the jurisprudence of the Supreme Court on compensation, dignity and rehabilitation. The article uses a doctrinal and policy-oriented method, examining legislation, schemes, judicial decisions, institutional design and recurring implementation problems. It argues that Rajasthan possesses a sound normative foundation, but effectiveness may be weakened by low awareness, inconsistent referral, documentation difficulties, fragmented coordination, delayed inquiry, inadequate interim relief and compensation schedules that may not reflect the full cost of long-term rehabilitation. Compensation must not be treated as charity or as a substitute for investigation and prosecution. It is a public-law response to victimisation and a means of enabling medical treatment, shelter, education, counselling, livelihood recovery and social reintegration. The article proposes a victim-centred model based on automatic referral, single-window assistance, time-bound digital case management, reasoned and trauma-informed decision-making, periodic revision of compensation bands, direct benefit transfer with safeguards, independent monitoring and convergence with health and social-welfare services. It concludes that the Scheme should be evaluated not merely by the amount sanctioned, but by speed, accessibility, rehabilitation outcomes, procedural fairness and the degree to which it restores the victim's agency and dignity.

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References

1. Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770 (India).

2. Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490 (India).

3. Committee on Reforms of Criminal Justice System. (2003). Report of the Committee on Reforms of Criminal Justice System. Ministry of Home Affairs, Government of India.

4. Delhi Domestic Working Women's Forum v. Union of India, (1995) 1 SCC 14 (India).

5. Government of India. (2023). Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023).

6. Government of India. (1973). Code of Criminal Procedure, 1973 (Act No. 2 of 1974).

7. Government of India. (1950). Constitution of India.

8. Government of India. (1987). Legal Services Authorities Act, 1987 (Act No. 39 of 1987).

9. Government of India. (2012). Protection of Children from Sexual Offences Act, 2012 (Act No. 32 of 2012).

10. Government of India. (1989). Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No. 33 of 1989).

11. Government of Rajasthan. (2011). Rajasthan Victim Compensation Scheme, 2011 (as amended from time to time).

12. Law Commission of India. (1996). The Code of Criminal Procedure, 1973 (154th Report). Government of India.

13. Laxmi v. Union of India, (2014) 4 SCC 427 (India).

14. National Legal Services Authority. (2018). Compensation scheme for women victims/survivors of sexual assault/other crimes, 2018. https://nalsa.gov.in/victim-compensation/

15. Nilabati Behera v. State of Orissa, (1993) 2 SCC 746 (India).

16. Nipun Saxena v. Union of India, (2019) 2 SCC 703 (India).

17. Rudul Sah v. State of Bihar, (1983) 4 SCC 141 (India).

18. Suresh v. State of Haryana, (2015) 2 SCC 227 (India).

19. United Nations. (1985). Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, G.A. Res. 40/34.

20. United Nations Office for Drug Control and Crime Prevention. (1999). Handbook on justice for victims: On the use and application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. United Nations.

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Published

2026-07-01

How to Cite

[1]
“Evaluating the effectiveness of the rajasthan victim compensation scheme: A legal and policy analysis”, JASRAE, vol. 23, no. 4, pp. 461–477, July 2026, doi: 10.29070/ps0mxk04.