A victim of a sexual offence, an acid attack or certain other serious crimes is entitled to be paid compensation by the State, over and above any fine or compensation the convicted accused may be ordered to pay. In Delhi, this compensation is paid by the Delhi State Legal Services Authority (DSLSA) under the Delhi Victims Compensation Scheme, 2018, which replaced the earlier 2015 scheme and now adopts the minimum amounts laid down in the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes, 2018.

The legal basis for victim compensation

The statutory foundation for victim compensation is Section 396 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 357A of the Code of Criminal Procedure, 1973). Under this provision, every State and Union Territory must prepare a scheme, in coordination with the Central Government, to provide funds for compensating victims or their dependants who have suffered loss or injury as a result of a crime and who require rehabilitation. The District or State Legal Services Authority decides the quantum of compensation under the applicable scheme.

The current amounts in Delhi flow from the directions of the Supreme Court in Nipun Saxena & Anr. v. Union of India & Ors., where the Court approved the NALSA Compensation Scheme, 2018 and made it operational from 2 October 2018. The Court directed that, until states framed or revised their own schemes, the NALSA model scheme and its minimum amounts would apply. Delhi accordingly notified the Delhi Victims Compensation Scheme, 2018 to bring its figures in line with NALSA.

In such cases, the victim suffers physical, mental and emotional injury due to the commission of the offence, and her dignity is lowered in society. Even so, victims frequently support the prosecution and help secure the conviction of the accused. Compensation is intended to help them recover, meet medical costs, and rebuild their lives, and it is payable whether or not the offender is caught or convicted.

Indicative compensation amounts (NALSA 2018 / Delhi Scheme 2018)

The amounts below are the minimum figures under the scheme; the Authority may award more depending on the severity of the injury and the facts of the case.

Nature of offence/loss	Indicative compensation
Acid attack (disfigurement of face)	Minimum Rs 7,00,000 (up to Rs 8,00,000 or more for severe injury)
Acid attack (injury more than 50%)	Minimum Rs 5,00,000
Rape / unnatural sexual assault	Minimum Rs 4,00,000, up to Rs 7,00,000
Gang rape	Minimum Rs 5,00,000, up to Rs 10,00,000
Loss of life	Minimum Rs 5,00,000, up to Rs 10,00,000
Victims under 14 years	Amount increased by 25%

(Figures are based on the NALSA 2018 model scheme adopted by Delhi; always confirm the current notified amounts with DSLSA, as schemes are periodically revised.)

Who is eligible

Eligibility is generally available where the victim has suffered loss or injury due to the crime and needs rehabilitation; the victim has not been compensated for the loss through any other government or insurance scheme (any such amount is adjusted); and the victim (or, in the case of death, the dependants) cooperates with the investigation and prosecution, although failure to secure a conviction or to identify the offender does not by itself bar compensation. In sexual offence and acid attack cases the victim’s name and identity must be kept confidential.

Interim compensation

The victim does not have to wait for the trial to conclude. On the recommendation of the court, or on an application by or on behalf of the victim, the Legal Services Authority can order interim/immediate relief to meet urgent medical and rehabilitation needs - for example, first-aid or medical treatment free of cost. In acid attack cases the scheme provides for immediate first-aid assistance so that emergency treatment is not delayed for want of money.

Compensation for child victims (POCSO)

Where the victim is a child, compensation is governed by the Protection of Children from Sexual Offences (POCSO) Act and its rules. The POCSO Rules, 2020 were notified in March 2020 and replaced the 2012 Rules; the earlier “interim” arrangement of treating the NALSA scheme as a stopgap “until the rules are finalised by the Central Government” is therefore no longer the position. Compensation for a child victim is now awarded under Rule 9 of the POCSO Rules, 2020, which empowers the Special Court to direct interim as well as final compensation, payable through the Victim Compensation Fund or other scheme of the State Government, having regard to factors such as the gravity of the offence, the severity of the injury, and the medical and rehabilitation needs of the child.

How to apply in Delhi

To claim compensation in Delhi, the victim, the victim’s dependants, the SHO of the police station, or the court can move the Delhi State Legal Services Authority. In practice the steps are: (1) where a court is seized of the case, it may recommend compensation under Section 396 BNSS at the interim stage or on conclusion of the trial; (2) the victim may also directly apply to DSLSA (or the relevant District Legal Services Authority) with a copy of the FIR, medical records, and proof of identity and loss; (3) the Authority conducts an inquiry and, ordinarily, must complete it and pass an order within about two months of receiving the recommendation or application; and (4) where the need is urgent, interim relief and free medical treatment can be ordered immediately.

In short, victims of acid attacks and sexual offences in Delhi are entitled to State-funded compensation under Section 396 of the BNSS, 2023 read with the Delhi Victims Compensation Scheme, 2018 and the NALSA Scheme, 2018 (and, for children, Rule 9 of the POCSO Rules, 2020). Anyone in this situation should contact the Delhi State Legal Services Authority or a lawyer promptly, as free legal aid and assistance are available.

Victim Compensation sexual offences or acid attack