Building the Claim: Evidence That Moves the Amount
The scheme prescribes minimum amounts, which means the real contest is usually about the enhancement. Two victims of the same offence can receive very different sums, not because the crime differed but because one file documented the loss and the other did not. The application should therefore be treated as a claim to be proved, not as a form to be submitted.
Start with the criminal record: the FIR or complaint, the police station and case number, and the current status of the investigation. A victim who has not yet reported the crime should do so first, because the scheme is administered on the basis of a police record even where the offender is never traced. Where a charge sheet or a medical examination report exists, attach it; where the case is at the stage of investigation, attach the acknowledgement of the complaint and any interim police report.
Then document the loss. Medical bills, discharge summaries, prescriptions, physiotherapy receipts and prosthetic or assistive-device quotations establish the treatment cost. Loss of income is proved by salary slips, Form 16, the employer's certificate, or the accounts of a business. Where the victim was the sole earner, the dependents' claim should set out the household's income, the number of dependents, and the school or college fees of children. Funeral expenses, travel for treatment, and the cost of temporary accommodation belong in the same schedule, with receipts wherever they exist.
| Document | What it establishes |
|---|---|
| FIR or complaint copy | That the offence was reported and is under investigation |
| Medical records and bills | Nature of injury, treatment undergone, out-of-pocket cost |
| Disability certificate | Percentage of permanent disability, where applicable |
| Income proof | Loss of earnings and dependency |
| Identity and address proof | Entitlement and payment details |
| Bank account particulars | Direct transfer of the awarded amount |
| Dependency proof | Relationship to a deceased or incapacitated victim |
Interim Relief and the Victim Impact Statement
For survivors of sexual assault and acid attacks, the scheme contemplates interim relief so that treatment is not delayed by the final assessment. An application for interim payment should lead with the medical urgency — the surgery scheduled, the cost quoted by the hospital, the fact that the family cannot fund it — rather than with the legal narrative of the offence. A letter from the treating doctor is often the single most persuasive document in such an application.
Separately, the criminal court trying the offence can direct the convict to pay compensation, and the BNSS requires the court to consider victim compensation in appropriate cases. A written victim impact statement, filed through the prosecutor or the victim's advocate, gives the court a factual basis for that direction: what happened, what it cost, what the victim can no longer do, and what rehabilitation would require. This statement does not replace the scheme application; the two proceed on different tracks and can be pursued together.
When the File Moves Slowly
Delays usually arise at three points: the police report called for by the legal services authority is not received, the medical report is awaited, or the file simply is not listed. Each has a different remedy. A written reminder to the authority, with a copy to the District Legal Services Authority's secretary, is the first step and often enough. If the report is delayed at the police station, an application under the applicable provisions for a status report, or a representation to the Superintendent of Police, can move it.
If the application is rejected, the scheme provides for an appeal to the State Legal Services Authority, and that appeal should be filed within the time the order allows, with the rejection order and the entire original file. Where the rejection discloses a failure to consider relevant material, or where the authority has sat on an application for an unreasonable period, a petition before the Calcutta High Court under Article 226 is available, though it is a remedy of last resort and the court will usually expect the appellate route to be exhausted first.
Keep every receipt, every acknowledgement and every order in one file, in chronological order. The single most common reason a deserving claim under-performs is that the victim cannot produce the paper that would have proved the loss. If you are assisting a victim, or are one yourself, contact the chamber for help in preparing the application and the supporting schedule.