Justice is not limited to punishment alone. It also includes recognition of harm and support for recovery. In this context, the Supreme Court of India directed NALSA ( National Legal Services Authority ) to create a uniform framework to help and support victims of sexual assault and survivors. The scheme is meant for women victims and survivors (including minor girls) who have suffered physical, mental, or emotional injury due to sexual assault, acid attacks, or other specified crimes. Its goal is to provide timely financial compensation and rehabilitation support if the offender does not pay. It recognizes that the state has a responsibility to restore dignity and ease immediate hardship rather than leaving survivors helpless or bearing the full burden alone.
The scheme is not restricted to the victims only. It equally asks for the coordination of judges, district legal services authorities, police, and state governments. It is their responsibility to ensure its access and implementation during proceedings and help survivors to apply for the support. The dependence on state authority and spreading awareness about access to the services are where many challenges begin. This write-up provides a practical explanation of what the scheme offers, how to access it, how to access available compensation amounts, and identifies real-world gaps that still decrease its effectiveness!
In 2012, the Supreme Court of India took an important step in the case of Nipun Saxena v. Union of India. The Court asked the National Legal Services Authority (NALSA) to create clear rules for victim compensation, especially for survivors of sexual offences and acid attacks. To do this, a committee was formed. It included senior advocates, members of the National Commission for Women, and officials from the Ministry of Law and Justice. They worked together and prepared a structured compensation scheme. This scheme was presented to the Court on 24 April 2018. It was approved on 5 September 2018.
Now comes the legal foundation behind this. The key provision is Section 357A of the Code of Criminal Procedure. Today, this is also reflected in the Bharatiya Nagarik Suraksha Sanhita, 2023. It means every State Government must create a compensation scheme. And they must do this in coordination with the Central Government. The goal is simple. To ensure victims, or their families, receive financial support.
Earlier, compensation depended on the offender. If the accused was convicted and able to pay, only then was compensation possible. That made things uncertain. Section 357A changed that. Now, the responsibility moves to the State. Even if the offender cannot pay, the victim is still supported. It ensures that compensation does not depend on someone else’s ability to pay. It becomes a right, not a chance. The NALSA scheme builds on this idea. It sets clear minimum and maximum amounts. It defines timelines and focuses specifically on women affected by serious crimes.
NALSA’s Compensation Scheme covers women victims or their dependents who are eligible for compensation under the scheme. If the victim or survivor suffered loss or injury as a result of a criminal offence, they are the primary beneficiaries.
Here is the List Covered Under the Scheme:
There is one important point you should know. This scheme does not mainly apply to child victims under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). In such cases, compensation matters are usually handled by the Special Courts created under the law. These courts act under Section 33(8) of the POCSO Act and Rule 7 of the related rules.
What does that mean in practice? If the victim is a child, the case normally follows the POCSO compensation process instead of the general NALSA scheme. However, the Supreme Court of India also gave an important direction. Until a separate and dedicated compensation scheme for POCSO victims is fully framed, Special Courts may use the NALSA scheme as a guiding standard. This helps ensure that child victims are not left without support while a separate framework is developed.
This is the part most people need to understand. The schedule gives clear, fixed benchmarks. It sets the minimum amount of compensation, not the maximum. In simple terms, these figures are the starting point. Where the facts justify it, higher compensation can still be awarded.
Under the scheme:
In cases where pregnancy results from rape, the compensation amount ranges between ₹3 lakh and ₹4 lakh. There is also an important provision that is often overlooked. If the victim is a minor, the compensation must be 50% higher than the minimum amount fixed under the scheme.
For example, If the minimum compensation for rape is ₹4 lakh, then, a minor victim should receive at least ₹6 lakh.
This is not optional. It is a specific benefit under the scheme. However, in many cases, courts fail to apply this enhancement at the trial stage.
The SLSA or DLSA can grant support at different stages, depending on the urgency of the case. This may include:
The amount and type of relief depend on two key factors:
Acid attack cases receive special priority under the scheme. There is a clear fast-track relief process:
This ensures urgent financial help reaches the victim without delay.
For other offences, interim compensation is also available. And it can be granted at different stages of the case. This may happen:
The purpose is clear. Victims should not have to wait until the criminal case ends to receive support.
Three routes exist:
The trial court has the power to recommend compensation for the victim. If the court believes that compensation under Section 357 of the Code of Criminal Procedure is not enough for proper rehabilitation, it can step in.
In such cases, the court may send a recommendation to the:
The recommendation helps start the process for compensation under the applicable State scheme.
If the offender is unknown, absconding, or cannot be identified, the victim is still entitled to seek compensation. In such cases, the victim or her dependents can apply directly to the DLSA or SLSA. This can be done:
The right to compensation does not end simply because the accused is not found.
Police authorities, including the SHO, SP, or DCP, are required to send a copy of the FIR to the SLSA or DLSA immediately after registration. This ensures the compensation process can begin early.
The documents usually required for a compensation claim include:
These documents help the authority verify the claim and assess the case properly.
Once the application is received, the DLSA is generally expected to complete its inquiry and decide the compensation amount within 60 days in most cases.
The scheme is strong in principle. However, implementation across several states remains weak, leading to low compensation reach among victims.
But the real problem begins on the ground. In several States, including Arunachal Pradesh, Assam, Jharkhand, Maharashtra, Mizoram, Nagaland, Uttar Pradesh, and Kerala, the scheme was not fully adopted as a separate and effective part of their victim compensation framework. Some States introduced it in name, but did not adopt the compensation amounts fixed in the schedule. So while the law looked strong on paper, implementation remained weak.
The gap is not small. It is serious and well documented. NALSA itself reported that only 5% to 10% of rape and sexual assault victims were receiving compensation under available schemes.
In some places, the numbers were even more concerning:
These figures show more than delay. They show that many victims never reach the relief meant for them.
The reasons are clear:
Even where the law provides a remedy, the process often blocks access. The Supreme Court has already addressed this issue. In Suresh v. State of Haryana and again in Nipun Saxena v. Union of India, the Court clearly held that courts must examine the facts of each case and consider proper compensation under Sections 357 and 357A of the Code of Criminal Procedure. This is not optional. It is part of delivering complete justice.
Yet for many victims, compensation remains out of reach.
What is often missing is execution.
The compensation process begins at the FIR stage, not only after conviction. Compensation claims and criminal cases should run parallel.
Courts must consider compensation as a mandatory part of justice, even if the victim does not specifically request it.
Another issue that is frequently missed is the 50% enhancement for minor victims. Where applicable, compensation for minors must be higher than the standard minimum amount. Every POCSO-related matter should be checked carefully against this benefit.
If a State has failed to update its scheme in line with NALSA standards, legal remedies are available. High Courts can direct compliance where needed. This was seen in a 2023 direction of the Calcutta High Court relating to West Bengal. The same principle can apply in other States that remain non-compliant.
Interim relief is equally important. It is not charity. It is not discretionary goodwill. It is a legal entitlement meant to provide urgent support. Do not wait for the final judgment to start the process.
The NALSA Compensation Scheme, 2018 is a strong victim-support framework in India. It provides minimum compensation standards, allowing courts and states to offer higher benefits where necessary.
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