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Survivors > Sexual Violence > Claiming Compensation

Provisions for compensation for survivors of sexual assault

- Compensation is a right of the survivor. Under the Umbrella Scheme on protection and empowerment of women, compensation can be in the form of financial assistance as well as various support services such as counselling, shelter, medical and legal aid, training and education.


- An application for financial assistance and support services under this component may be filed in the prescribed proforma within 60 days from the date of recording of the FIR, by the affected woman or her legal heir or in case of a minor or mentally unsound person, on her behalf by Protection officers,appointed under the Protection of Women from Domestic Violence Act, 2005 who will actively help in filing applications on behalf of the applicant. (5.1.14 of the Umbrella Scheme)


- As soon as an incident of rape is reported and registered, the SHO of the concerned police station shall forward within 72 hours the copy of the FIR,medical report and the preliminary investigation report by the IO to the District Board. (5.1.15 of the Umbrella Scheme)


- On receiving the application and after having been prima facie satisfied that a case of rape has been made out, the District Board shall disburse the interim financial relief of Rs. 20, 000/- as far as possible within fifteen days and in any case not later than three weeks. On an assessment of the needs of affected woman, the Board may also arrange for appropriate support services and incur a maximum expenditure up to Rs. 20,000/- in each case. (5.1.16 of the Umbrella Scheme)


- The final amount of Rs.1.00 lakh shall be directly disbursed by the District Board within a period of one month from the date on which the affected person gives her evidence in the criminal trial or within one year from the date of filing the FIR in cases where the recording of evidence has been unduly delayed for reasons beyond her control, whichever is earlier. (5.1.17 of the Umbrella Scheme)


- The total assistance, including both financial assistance and support services,available to an affected woman may be up to Rs.1.40 lakh. (5.1.17 of the Umbrella Scheme)


- The total amount of assistance under the Scheme may be increased by the State Board, on a reference from and in consultation with the District Board, subject to a maximum of Rs. 2.00 lakh, in special cases involving minor girls or mentally challenged/handicapped women who may need specialised treatment and care or women who become infected with STDs, HIV/AIDS or get pregnant or on any other ground. (5.1.18 of the Umbrella Scheme)


- Under section 357 of the CrPC, compensation can be ordered by court as fine as a part of the guilty verdict. According to section 357B of the CrPC, even if the survivor has received financial compensation via the Umbrella Scheme for protection and empowerment of women, compensation by the way of the fine to the guilty cannot be denied.


- In case of the death of the victim/survivor of the crime, this compensation can be given to the next of kin.


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