VICTIMOLOGY AND VICTIM JUSTICE

Project

On

COMPENSATION TO VICTIMS OF RAPE:

A CRITICAL ANALYSIS IN RESPECT TO NATIONAL AND INTERNATIONAL
SCENARIOS

Submitted to –
Dr. Nirmal Kanti Chakravarti
Director
KiiT School of Law
KiiT University
Bhubaneswar

&

Submitted by –
Nilanjan Chakraborty
LL,M Batch 2017-2018
KiiT School of Law
 ABSTRACT

The idea of remedying crime victims is not a new concern. Previously, crime victims have
limited rights pursuant to legal justice system; they did not have to be notified of court
proceedings or of the arrest or release of the defendant, they had no right to attend the trial and
they had no right to make a statement to the court at sentencing or at other hearings. The
fundamental rights for victims of crime include the right to be treated with fairness and respect,
the right to attend and be present at criminal justice proceedings, the right to be heard in the
criminal justice process, the right to be informed of proceedings and events in the criminal
justice process, the right to protection from intimidation and harassment, the right to restitution
from the offender, the right to privacy, the right to apply for crime victim compensation and
several other rights.

Supreme Court of India recently observed that no compensation can be adequate nor can it be of
any respite for the victim but as the State has failed in protecting such serious violation of a
victim’s fundamental right, the State is duty bound to provide compensation, which may help in
the victim’s rehabilitation. The humiliation or the reputation that is snuffed out cannot be
recompensed but then monetary compensation will at least provide some solace.

Cases of rape and sexual violence against women and children are increasing throughout India
inspite of post Nirbhaya amendments in the Criminal Law in 2013 and enactment of other
special statue.

This paper deals various statutory provisions and decisions of the Supreme Court have been
studied and analyzed to highlight the need for compensation and rehabilitation of rape survivors
as a constitutional obligation for human rights cause. Factors considered for deciding quantum of
compensation, mechanism to fast track for delivery of compensatory relief and long term
rehabilitation has been discussed and recommendation for implementation. Critical analysis of
Victim Compensation Schemes (VCS) in various states after amendments and insertion of
Section 357 A, in Criminal Amendment Acts, 2009 and 2013 was done in this paper.

Key Words: Compensation, Rehabilitation, Restitution, Rape, Crime against Women, Sexual
Harassment of Women
 INTRODUCTION
In the created nations the very climate is charged by noisy cases of woman's rights and here in
our nation, our hearts are full to the overflow with energy for the reason for lady. Yet, it must be
said that when a lady is tempted or assaulted or in short RAPED, the legitimate position as it
exists today is that there is no polite cure accessible to her. She faces finish holocaust and
destruction. This is on account of our law of torts isn't of our own. It is the heritage or headache
of a provincial and radical administration which has kept us subjugated and subordinate for more
than two hundred years. This has made us so essential that we have now no will left to toss over
the edge this shameful frontier cloth of medieval custom-based law.

In India regardless of the considerable number of patterns of welfare enactment about ladies,
enactments have left desolate this field. Maybe it has gotten away from their notice. So in the
law of torts, the sexual wrong against lady and different wrongs like burglary, dacoity, kill,
burglary have neglected to get a convoluted cure of harms or remuneration. Our law of torts
infers its standards and standards from the primitive and medieval Britain, where a lady was
dealt with as a major aspect of the identity of man. Lady and man were one in the eye of law.
She had no free ideal to sue, to go into an agreement and to claim property in her own name. It is
just through the courts of value that the law identifying with a lady was produced and rebuilding
occurred yet in the matter of temptation and assault the lady still has no privilege to sue, rather
assault isn't perceived as a tort. Thus, the grave criminal wrongs at that time called crimes were
past the review of the law of tort. Where the property of the criminal was seized, as he had no
property he couldn't be sued in tort for remuneration or harms. Because of law changes now the
property of the criminal is spared from seizure. Presently when he can hold his property the
bonus of law change have neglected to make arrangement for the lady (casualty of assault) by
conceding her entitlement to assert harms for the off-base. The discipline given to the attacker or
the tempters can't diminish her a bit. The psychological anguish she endures and the social
disgrace which she bears debilitate her to look for work and gain her living in the normal course.
The delicate ladies frequently confer suicide: on the off chance that they neglect to counterfeit
this unsafe advance, the main course open for them seems, by all accounts, to be to take to
prostitution or then again to be call young ladies or to debase their life and identity in the way the
things may take that course. One can't see how the law was not transformed in such manner in
India, where half of the wrongs will be wrongs against ladies whether they are accounted for or
unreported. The attack and eve prodding is the everyday event; the young of lady is subjected to
misrepresentation and coercion in our social life. The nonattendance of cure in itself is an
abetment or support to miscreant against ladies. The occasion, man gains cash by legitimate or
unlawful means his first delight moves toward becoming womanizing. The monetary, social and
political power regularly looks for its fulfillment in sexual liberality, where the powerless
females bring to the table themselves when they are squeezed by neediness, dejection and out of
line social conditions. They are assaulted and the law of torts does not ensure them. The attacker
realizes that because of disgrace the lady won't report the issue for arraignment in the
nonattendance of compelling checks, the wrongdoing of assault turns into a sentimental and
successful enterprise.

Supreme Court of India as of late watched that no remuneration can be sufficient nor would it be
able to be of any break for the casualty yet as the State has bombed in ensuring such genuine
infringement of a casualty's crucial right, the State is compelled by a sense of honor to give pay,
which may help in the casualty's restoration. The mortification or the notoriety that is snuffed out
can't be rewarded however then money related pay will at any rate give some comfort. Instances
of rape, assault and sexual brutality against ladies and youngsters are expanding all through India
regardless of post Nirbhaya Amendments in the Criminal Law in 2013 and establishment of
another distinct and special statue. This paper manages the cutting edge approach of penology
and victimology which is striking a harmony between privileges of blamed, casualty and society.
Different statutory arrangements and choices of the Supreme Court have been considered and
investigated to feature the requirement for pay and restoration of assault survivors as a protected
commitment for human rights aim. Elements considered for choosing the quantum of pay, a
component to quick track for conveyance of compensatory help and long haul restoration has
been talked about and suggestion for usage. Basic examination of Victim Compensation
Schemes (VCS) in different states after changes and inclusion of Section 357A, in Criminal
Amendment Acts, 2009 and 2013 was done in this paper.
Why Compensation?

Victims of rape may suffer financial difficulty besides their physical injuries and emotional
trauma. The trauma might be haunted them throughout their life. Recovering from violence like
rape is not easy; it leads to a lot of pressure and stress. The victims cannot avoid themselves to
think or worry about how to pay for the medical expenses and counselling, or other treatments
needed or about how to replace lost income due to disability that may be suffered from the rape
incident. Those who are violently raped not only lost their dignity but it can be extended to
become physically disable and not able to work. These hardships faced by the rape survivors
made them lack or loss of income and have to struggle to survive. This can come to the worst
scenario if the victim is the breadwinner to her family.

Here, the rationale of compensation is to provide substantial financial assistance to rape victims
and their families. Although no amount of money can remove the trauma and pain suffered by
the victims, compensation can be essential element in the aftermath of rape incident. By
recompensing for care that assists to restore victims' physical and mental health and by replacing
the lost income for victims who no longer can work and for family members who lose a
breadwinner, compensation plays a big role in assisting the rape victims to survive.

On the other hands, the inadequacy of present tort law to protect the victim of crime has led to
the suggestion that penal systems should be oriented not on a policy of deterrence and retribution
to the offender; but rather on enforcing the victim's claim for restitution by integrating
compensation as a part of the offender's punishment. Based on this argument, compensation
seems to be a good practice in order to remedy the rape victims. Nevertheless it is not a device to
overcome all the hardships of the rape survivors, compensation is perceived to provide small
assistance to them.
CONSTITUTION OF INDIA ON VICTIM COMPENSATION

Article 21 of the Constitution ensures 'Right to life', which incorporates assurance of life and
freedom of all individuals from the general public. 'Vigilantism' as a marvel is on an ascent in
our [Indian] society. This is perilous and can posture genuine danger to the Rule of Law and
peace in the public eye. In any case, the want for requital prompting the casualties taking 'law in
their own hands' can be adequately checked just where the casualties see that the criminal equity
framework will guarantee them equity and protection. The need to address cry of casualties of
wrongdoing, for whom the Constitution in its Preamble holds out an assurance for 'equity' is
central. The casualties have ideal to get equity, to cure the mischief endured because of the
wrongdoing.

This privilege is unique in relation to and free of the privilege to requital, duty of which has been
expected by the State in a general public represented by Rule of Law. In any case on the off
chance that the State bombs in releasing this duty, the State should in any case give a system to
guarantee that the casualty's entitlement to be adjusted for his damage isn't disregarded or
vanquished. Right of access to Justice under Article 39-A and guideline of reasonable trial
command appropriate to legitimate guide to the casualty of the wrongdoing. It too orders security
to witnesses, directing what's more, and restorative guide to the casualties of the dispossessed
family and in suitable cases, restoration measures including money related remuneration. It is a
Catch 22 that casualty of a street mischance gets remuneration under no blame hypothesis, yet
the casualty of wrongdoing does not get any pay, aside from now and again where the denounced
is held liable, which does not occur in an expansive level of cases.

In S. S. Ahluwalia v. Union Of India (2001) 4 SCC 452, Hon'ble Supreme Court held that in
extended importance ascribed to Article 21 of the Constitution, where the State neglects to
ensure the life of the general population, it couldn't get away from the obligation to pay to the
casualties.

Rape involves violation of fundamental rights under Article 21 of the Indian Constitution.
Compensation for the violation of fundamental rights is given by way of penalizing the State for
violating the fundamental rights guaranteed by the Constitution of India and for the breach of its
public law duty. This compensation is in the nature of ‘exemplary damages’ awarded against the
wrongdoer for the breach of a public law duty. This is apart from and in addition to
compensation granted for the loss or injury under the law of torts.

“It is a weakness of our jurisprudence that the victims of the crime, and the distress of the
dependents of the prisoner, do not attract the attention of the law. Indeed, victim reparation is
still the vanishing point of our criminal law. This is a deficiency in the system which must be
rectified by the Legislature. We can only draw attention in this matter.” - Justice Krishna
Ayyar, 1980[Source: "Rattan Singh vs. State of Punjab" AIR 1980 Supreme Court 84]

Thus, modern approach of victimology acknowledge that a crime victim has right to be
adequately compensated, rehabilitated and repaired irrespective of identification and prosecution
of offender and the payment of such compensation should be made by state.

Compensatory Justice:

Criminal jurisprudence has moved beyond the traditional domains of retributive and deterrent
values. The shift is increasingly towards victim centric compensatory models of justice. Many
societies have forged mechanisms to address these issues.

The idea underlying compensatory justice is not merely to rehabilitate the victim, but also leads
to a regime where societal values in seeing such crimes as aberrations, entitling the victim to
some form of compensation due to the stark intensity of the crime.

Therefore, the concept of a publicly funded and administered body to compensate victims of
violent crime has been in practice in many countries across the world for quite a while.
Compensation is granted not merely when the State is at fault but also when the crime is violent
and serious; and thus the role of the State assumes the welfare hue.

Vicarious Liability of Government:

It was held that the Government will be vicariously liable for the tortuous act of its
employees. It was on the basis of the above facts that the High Court had awarded a sum of
Rs.10 lacs as compensation for Smt. Hanuffa Khatoon as the High Court was of the opinion that
the rape was committed at the building (Rail Yatri Niwas) belonging to the Railways and was
perpetrated by the Railway employees.
Many states are yet to finalize a scheme for compensation of victims of crime, including violence
against women, nearly four years after the Centre notified the provision for providing relief by
amending the Cr.P.C. After the notification of a new section in the Cr.P.C. in December 2009,
the Union Home Ministry had initiated the process of making states notify the Victim
Compensation Scheme in September 2010 but only four states came up with a scheme within
one year. Sikkim was the first to launch a scheme in June 2011, while Karnataka notified it in
February, 2012.

Status of Victim Compensation Scheme in India:

1. Rajasthan (Rs.2.00 Lakhs)

2. Assam (Rs.1.75 Lakhs)

4. Union Territories (Rs.3.00 lakhs)

5. Goa (Rs.10 Lakhs)

6. Haryana (Rs.3.00 Lakhs)

7. Delhi (Rs.3.00 to Rs.5.00 Lakhs)

8. West Bengal (Rs.20,000 to 30,000)

Yet to take initiative for drafting the Scheme:

1. Jammu and Kashmir,

2. Kerala,

3. Tamil Nadu,

4. Madhya Pradesh,

5. Maharashtra,

6. Nagaland

7. Uttarakhand
SECTION 357 IN THE CODE OF CRIMINAL PROCEDURE, 1973

It states - When a Court imposes a sentence of fine or a sentence (including a sentence of death)
of which fine forms a part, the Court may, when passing judgment, order the whole or any part
of the fine recovered to be applied -
(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the
offence, when compensation is, in the opinion of the Court, recoverable by such person in a
Civil Court;

(c) when any person is convicted of any offence for having caused the death of another
person or of having abetted the commission of such an offence, in paying compensation to
the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover
damages from the person sentenced for the loss resulting to them from such death.

(d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or
retained, or of having voluntarily assisted in disposing of, stolen property knowing or having
reason to believe the same to be stolen, in compensating any bona fide purchaser of such
property for the loss of the same if such property is restored to the possession of the person
entitled thereto -

1. If the fine is imposed in a case which is subject to appeal, no such payment shall be made
before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented,
before the decision of the appeal.
2. When a Court imposes a sentence, of which fine does not form a part, the Court may,
when passing judgment, order the accused person to pay, by way of compensation, such amount
as may be specified in the order to the person who has suffered any loss or injury by reason of
the act for which the accused person has been so sentenced.
3. An order under this section may also be made by an Appellate Court or by the High
Court or Court of Session when exercising its powers of revision.
4. At the time of awarding compensation in any subsequent civil suit relating to the same
matter, the Court shall take into account any sum paid or recovered as compensation under this
section

Mandatory Duty of the Court:

In “Ankush Shivaji Gaikwad vs. State of Maharashtra”, 2013 the Supreme Court emphasized
that victim is not to be forgotten in criminal justice system and Section 357 Cr.P.C. should be
read as imposing mandatory duty on the Court to apply its mind to the question of awarding
compensation in every case.

Cases which is to be referred to u/s 357 Criminal Procedural Code 1973

1. T.A. Krishan V. Chithran & others - Hon’ble Kerala High Court in above can interpret
section 357 Criminal Procedural Code and held that criminal court may award compensation to
the victim either under sub-section (1) (b) or under sub-section (3). When the court imposes a
sentence of fine or a sentence of which fine forms a part, the court may award compensation to
any person for any loss or injury caused by the offence under clause (b) of sub-section (1) of
section 357 if in the opinion of the court compensation is recoverable by such person in a civil
court. Even when the fine does not form part of the sentence, the court may award compensation
to the victim, payable by the accused person, as per sub-section (3) of section 357. It is provided
in sub-section (3) of section 357. It is provided in sub-section (3) of section (3) of section 357
that the person to whom compensation is to be awarded must be a person who could be awarded
must be a person who could recover such compensation in a civil court, as is the case in clause
(b) of sub-section (1) of section 357 of the code of criminal procedure. Sub-section (4) provides
that the appellate court or the Revisional. Court may also pass an order under section 357.
Therefore, it is contended that the victim could wait till the disposal of the criminal case and his
right to file a civil suit for compensation could be reckoned from the date of disposal of the
criminal case.
2. Bodhisattwa Gautam v. Subhra Chakraborty - while deciding question for interim
compensation to the rape victim held that “If the court trying an offence of rape has jurisdiction
to award the compensation at the final stage, there is no reason to deny to the court the right to
award interim compensation which should also be provided in the scheme”. The jurisdiction to
pay interim compensation can be treated as a part of the overall jurisdiction of the courts trying
the offences of rape. The court having regard to the facts and circumstances of the case directed
to pay a sum of Rs.1000/- per month on interim compensation during the pendency of criminal
proceedings from the date of the complaint. It is held in this case that Right of Rape victim to
receive compensation flows from Article 21 of the compensation. Every Court has jurisdiction to
grant compensation not only at the final stage of trial but also to award interim compensation at
any interlocutory stage of trial.

3. Samata Vedike and etc. V. State of Karnataka - The National Human Rights
Commission was also approached by the victim which is allowed by the Hon’ble Court with the
tune of Rs.2,00,000/- in which Rs. 1,50,000/- is directed to be deposited in a nationalized bank at
Mysore, for a period of 5 years with high yielding interest in fixed deposit and victim is entitled
to withdraw with in four weeks of passing the order, and a sum of Rs.5000/- to Samatha Vedlike,
a processing women’s organization for taking the matter with interest to authorities and the court
by the state government towards legal expenses, along with their it is described by the Hon’ble
Apex Court that rule of law is the basic foundation of the democracy it can survive only with the
active assistance of police.

4. Brijesh V State of Haryana it was held by Punjab and Haryana High Court that rape
violates fundamental right of a woman to live with dignity. Accused was directed to pay Rs.
5000/- as compensation to prosecutrix besides to suffer other sentence.

5. K.P.S. GILL V/s State (Admn. U.T. Chandigarh) The fine imposed by the High Court
is Rs. 2,00,000/- for compensation in which it prosecutrix submitted that the complainant has no
intention of withdrawing Rs. 2 lacs ordered to be paid to her by way of compensation and that
the amount may be given to any women’s organization engaged in doing service for the cause of
the women in this regard Hon’ble Court leave the matter to the Chief justice of the High Court of
Punjab & Haryana to deal with the said compensation amount in an appropriate manner as
prayed by the victim of the case.
COMPENSATION FOR RAPE VICTIMS UNDER INTERNATIONAL
LAW:

Definition of Rape under International Law: The term “rape” is never specifically defined
under international law. However for the phrase of violence against women, we are referring the
UN Declaration on the Elimination of Violence against Women:

"the term 'violence against women' means any act of gender-based violence that results
in, or is likely to result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life".

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
also does not expressly mention sexual violence and rape.

However, CEDAW defines discrimination as any distinction, exclusion or restriction made on

the basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.

The matters pertaining to violence against women and sexual violence were then incorporated
into the Vienna Declaration in 1993 and Beijing Declaration in 1995. In these two declarations,
sexual and physical violence have been explicitly categorised as violations to human rights.

International humanitarian law prohibits rape in various treaties, such as the Geneva Conventions
(e.g. article 27 of the Fourth Geneva Convention), the Hague Convention of July 1899 (Article I
of the Annex to the II) and the Hague Convention of 1907 (Article I of the IV). However none of
these Conventions provide a definition of rape.

Rape is first defined at the international level in the case of Akayesu. The Akayesu judgment
[8] of the International Criminal Tribunal for Rwanda (ICTR) defined rape in the context of
genocide.
On December 1998, in the Furundzija Judgment [9], an International Criminal Tribunal for the
former Yugoslavia (ICTY) Trial Chamber convicted a Special Forces commander of rape and
torture as war crimes under Common Article 3 of the Geneva Convention and it is recognized
under Article 3 of the ICTY Statute

In Prosecutor v. Kunarac, Kovac and Vokovic, the Trial Chamber of ICTY has extended the
definition of rape adopted in Akayesu and Furundzija , to include all situations in which consent
is not ‘freely’ and ‘voluntarily’ given[10].

International Instruments for Providing Compensation

International law has provided remedies for rape victims and it includes compensation. There are
some elements relating to general and procedural types of redress, such as the state obligation to
prevent crime and to respond to crime by providing appropriate systems of investigation,
prosecution and punishment. There are also remedies providing redress to victims such as
reparation, compensation, rehabilitation and satisfaction, etc .

Under the principles of international human rights law, the right to remedy appears for the first
time in 1948 as a part of the Universal Declaration of Human Rights. Article 8 of the
Declaration highlights that everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted by the constitution or by law.

Subsequently, Article 2(3) of the International Covenant on Civil and Political Rights
requires states to ensure that any person whose rights or freedoms are violated shall have an
effective remedy.

The International Criminal Court (ICC) Statute provides various forms of reparations
including compensation for victims (Article 75). Apart from that, Article 79 specifies that the
Assembly of States Parties shall establish a trust fund for the benefit of the victims and their
familieS.

The International Covenant on Civil and Political Rights, generally requires States parties to
ensure “that any person whose rights or freedoms as herein recognized are violated shall have
an effective remedy” (Art. 2 (3)).
The UN General Assembly Declaration on the Elimination of Violence against Women in
Article 4 (d) states that States should provide women subjected to violence with: “Access to the
mechanisms of justice and, as provided for by national legislation, to just and effective remedies
for the harm that they have suffered; States should also inform women of their rights in seeking
redress through such mechanisms.”

At the European level, based on the European Convention on the Compensation of Victims of
Violent Crime; Article 2.1 stated that Member States have a duty to make a contribution to the
compensation of eligible victims, namely to those who have suffered ‘serious bodily injury or
impairment of health directly attributable to an intentional crime of violence’ as well as to ‘the
dependents of persons who have died as a result of such crime’. While Article 2.2 said that the
duty to compensate applies even if the perpetrator has not been prosecuted or punished. The
Compensation Convention in Article 4 provides that Member States must compensate eligible
victims for, at least, loss of earnings, medical expenses, hospital costs, funeral expenses and loss
of maintenance (in the case of dependents of deceased victims).

Apart from that, the Istanbul Convention has dealt with right to compensation through both
perpetrators and State compensation. Article 30 of the Convention stipulates that:

“1-Parties shall take the necessary legislative or other measures to ensure that victims
have the right to claim compensation from perpetrators for any of the offences
established in accordance with this Convention. 2 - Adequate State compensation shall
be awarded to those who have sustained serious bodily injury or impairment of health, to
the extent that the damage is not covered by other sources such as the perpetrator,
insurance or State-funded health and social provisions. This does not preclude Parties
from claiming regress for compensation awarded from the perpetrator, as long as due
regard is paid to the victim’s safety. 3-Measures taken pursuant to paragraph 2 shall
ensure the granting of compensation within a reasonable time.”

With the new development in the international law, rape victims now are entitled to remedies
including compensation not only during chaotic era such as war; but also in peacetime. This is
definitely a great achievement as crimes (especially rape) not happen only in period of war. It
happens every day all over the world.
According to the United Nations, women are subjected to violence on a widespread scale and on
a daily basis regardless of culture, religion, class or nationality (UN The World’s Women 2005)
Notwithstanding this, the international legal system has struggled to consider of various forms of
violence against women as human rights violations, primarily because of the theory of state
responsibility for human rights abuses.

The Basic Remedies and Services which should be Offered by the State are -

1. Restitution

Offenders or third parties responsible for their behavior should, where appropriate, make fair
restitution to victims, their families or dependents. Such restitution should include there turn of
property or payment for the harm or loss suffered reimbursement of expenses incurred as a result
of the victimization, the provision of services and the restoration of rights.

Governments should review their practices, regulations and laws to consider restitution as an
available sentencing option in criminal cases, in addition to other criminal sanctions. In cases of
substantial harm to the environment, restitution, if ordered, should include, as far as possible,
restoration of the environment, reconstruction of the infrastructure, replacement of community
facilities and reimbursement of the expenses of relocation, whenever such harm results in the
dislocation of a community.

Where public officials or other agents acting in an official or quasi-official capacity have
violated national criminal laws, the victims should receive restitution from the State whose
officials or agents were responsible for the harm inflicted. In cases where the Government under
whose authority the victimizing act or omission occurred is no longer in existence, the State or
Government successor in title should provide restitution to the victims.

2. Compensation

When compensation is not fully available from the offender or other sources, States should
Endeavor to provide financial compensation to:

(a) Victims who have sustained significant bodily injury or impairment of physical or mental
health as a result of serious crimes;
(b) The family, in particular dependents of persons who have died or become physically or
mentally incapacitated as a result of such victimization.

The establishment, strengthening and expansion of national funds for compensation to victims
should be encouraged. Where appropriate, other funds may also be established for this purpose,
including in those cases where the State of which the victim is a national is not in a position to
compensate the victim for the harm.

3. Assistance

Victims should receive the necessary material, medical, psychological and social assistance
through governmental, voluntary, community-based and indigenous means.17Victims should be
informed of the availability of health and social services and other relevant assistance and be
readily afforded access to them.

Police, justice, health, social service and other personnel concerned should receive training to
sensitize them to the needs of victims, and guidelines to ensure proper and prompt aid. In
providing services and assistance to victims, attention should be given to those who have special
needs because of the nature of the harm inflicted or because of factors such as those mentioned
in paragraph 3 above.

Thus, there are various services for victims of crimes the most significance one is to financially
assist them for loss or injury suffered by them. Looking at available arrangements, two types of
mechanisms are existing. They are restitution and compensation. Restitution refers to the
responsibility that offenders hear to their victims. Compensation refers to financial obligations of
governmental agencies to reimburse sufferings of citizens or of third parties like insurance
companies to indemnify their customers. Restitution takes places when the trial court imposes
sanctions that require the offenders to either return stolen goods to their owners, handover
equivalent amount of money to cover out of pocket expenses, or to provide services to those they
have harmed. The offender was held liable to restitute their victims. Although the declaration has
also made certain suggestions for dealing with the problems of Victims of crime including
Victims of abuse of power.