Tamil Nadu Victim Compensation Scheme, 2013

What the Scheme governs

The Tamil Nadu Victim Compensation Scheme, 2013 provides financial compensation to victims who suffer loss or injury because of crime and require rehabilitation. It also covers eligible dependents, including a spouse, father, mother, unmarried daughter, minor children and other legal heirs found by the District Legal Services Authority to be fully dependent on the victim.

The Scheme concerns compensation for crime victims and does not govern land or property transactions.

Eligibility and claims

The Tamil Nadu Victim Compensation Scheme, 2013 applies where a court recommends compensation, or where a victim or dependent applies to the State Legal Services Authority or District Legal Services Authority.

Key conditions include:

• The crime must have occurred within Tamil Nadu.
• The crime should be reported to the police, a senior police officer, an Executive Magistrate or a Judicial Magistrate within forty eight hours. Delay may be condoned for recorded reasons.
• Where the offender is traced or identified and a trial takes place, the victim or dependents must cooperate with the police and prosecution.
• A direct claim by a victim or dependent must be made within six months of the crime. Delay may be condoned for recorded reasons.
• The authority must verify the loss or injury and may request further information. Compensation must be awarded within two months after enquiry.

Compensation and interim relief

The State Legal Services Authority or District Legal Services Authority decides compensation based on the loss or injury, medical treatment costs, minimum rehabilitation needs and incidental expenses such as funeral costs.

The Schedule sets these maximum amounts:

• Loss of life, up to Rs.3.00 lakh.
• Loss of a limb or body part exceeding 80 per cent, up to Rs.2.00 lakh.
• Loss of a limb or body part exceeding 50 per cent, up to Rs.1.00 lakh.
• Death due to acid attack, up to Rs.3.5 lakh.
• Rape, up to Rs.3.00 lakh.
• Severe mental agony to women and children in cases such as trafficking, kidnapping or molestation, up to Rs.1.00 lakh.

Acid attack victims must receive interim relief of Rupees three lakhs. Rupees one lakh is payable within fifteen days of reporting, with the remaining Rupees two lakhs payable within two months after sanction of the initial relief.

Administration, payment and appeals

The Home, Prohibition and Excise Department is the nodal department. District Collectors and Commissioners of Police draw and disburse compensation in the circumstances specified by the Scheme.

Other State compensation relating to the same crime is counted towards the amount awarded, preventing separate double compensation. A victim or dependent denied compensation may appeal to the State Legal Services Authority or State Government, as applicable, within ninety days, subject to possible condonation of delay.