I am the victim of a serious crime and the accused has been convicted. The court has not automatically awarded me any compensation. Can I make an application before the criminal court seeking compensation under Section 357 of the CrPC and what factors determine the amount awarded in Kolkata?
Victims of crime in Kolkata often assume compensation only becomes possible after a final conviction, but that isn't entirely accurate. Indian criminal law provides more than one route for compensation, and some of these can be accessed even while a trial is still pending. Under Section 357A CrPC (now the corresponding BNSS provision), every state, including West Bengal, is required to operate a Victim Compensation Scheme, and applications for interim compensation under this scheme can be made to the District Legal Services Authority even before the trial concludes, particularly in cases of serious injury, sexual offences, or loss of life.
Separately, Section 358 and related provisions allow courts to award compensation for wrongful arrest or unnecessary detention, though this operates differently from victim compensation for the offence itself. Once the trial concludes and a conviction is recorded, the court has independent power under Section 357 CrPC to direct the convicted person to pay compensation to the victim out of any fine imposed, and this remains the primary route for compensation tied directly to the accused's liability. Kolkata's Sessions and Magistrate courts exercise this power fairly regularly in cases involving financial loss, injury, or emotional harm to the victim.
For victims who cannot wait for the trial to conclude, especially in cases of grievous injury or where the family has lost a breadwinner, applying for interim relief under the state compensation scheme is often the more practical and faster route. This application is made separately from the criminal trial itself and does not depend on the accused being convicted, which makes it particularly valuable in cases where trials can take years to conclude.
Because victims often aren't informed about these parallel remedies, it is worth having your case reviewed by someone who can identify which compensation route applies to your situation. Consulting Aapka Legal Advice can help you understand whether you qualify for interim compensation now, rather than waiting for the trial's outcome.
If you are a victim in a pending criminal case in Kolkata and haven't explored compensation options yet, don't assume you must wait. Reach out to experienced criminal lawyers in Kolkata who can guide you through both the interim compensation scheme and the compensation available upon conviction.