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Can a Criminal Court Award Compensation to the Victim in a Pending Trial?

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(@arpit chouhan)
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[#3476]

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?


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(@advocate-mudit-pratap)
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A criminal court can award compensation to the victim in a pending trial, and this is not limited to the final judgment stage alone. Under Section 357A CrPC (Section 396 BNSS), courts can recommend victim compensation through the State Legal Services Authority even during the pendency of trial in cases of serious harm, and interim compensation can be awarded where the victim's immediate needs, such as medical treatment, are urgent. Whether a criminal court can award compensation to the victim in a pending trial in your specific case depends on demonstrating genuine, immediate need supported by appropriate documentation. This scheme exists precisely because waiting for a full trial to conclude, which can take years, would leave victims without meaningful support during exactly the period when they may need it most.

The process typically involves the trial court itself recommending compensation to the District or State Legal Services Authority, which then processes and disburses the amount based on the scheme's guidelines and the severity of harm involved. This is distinct from compensation that might eventually be ordered against the convicted accused following trial, and victims can pursue both — interim state-funded support during the case, and compensation from the accused if and when conviction occurs.

Victims should not assume compensation is only available after conviction — interim relief is often accessible much earlier, and many victims miss out on this support simply because they are unaware it exists or assume, incorrectly, that they must wait for the case to conclude before any financial assistance becomes available. Raising this at the earliest possible stage, particularly where medical or immediate living expenses are a genuine concern, can make a real difference during a difficult period.

For guidance on seeking interim compensation, Aapka Legal Advice can help you file the right application with the proper supporting documentation to demonstrate genuine need. Our network of Top Criminal Lawyers in India and retired judges panel regularly assist victims in securing timely compensation, understanding exactly how to navigate the State Legal Services Authority process alongside the ongoing criminal trial. In conclusion, victims have real, accessible options for financial support well before a case concludes, and pursuing this promptly can provide meaningful relief during the often lengthy trial process.


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