Crime Victim Protection Act, 2018

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Crime Victim Protection Act, 2075".

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Court" means a court having authority in accordance with the prevailing law to conduct proceedings and adjudicate on an offence, and said term shall also include any other judicial body or official having authority in accordance with law to conduct proceedings and adjudicate on a particular type of offence.

(b) "Offence" means a criminal offence where the government is the plaintiff in accordance with the prevailing law, in which the victim has died or the victim has suffered loss.

(c) "Offender" means a person convicted of an offence by a court.

(d) "Fund" means the Victim Relief Fund established in accordance with the prevailing law.

(e) "Specified or as specified" means specified or as specified in the rules made under this Act.

(f) "Secondary victim" means a person who is not involved in the offence being or having been committed against a primary victim but who has suffered loss by reason of being an eyewitness to such offence, and said term shall also include the following persons who have suffered loss by reason of having knowledge of or being an eyewitness to the offence, who is the guardian of an adult primary victim and who has suffered loss by reason of having knowledge of the offence committed against a primary victim:-

(1) Guardian of the primary victim,
(2) If the primary victim is a minor, and
(3) If the person who has suffered such loss is not involved in such offence.

(g) "Minor" means a person who has not attained the age of eighteen years.

(h) "Primary victim" means a person who has died or suffered loss as a direct result of an offence, due to the age, mental illness, diplomatic immunity or immunity on positional grounds of the perpetrator as a result of which the perpetrator does not have to bear criminal liability, or the identity of the perpetrator is unknown, or no charge has been filed against the perpetrator, or the case related to the offence has been withdrawn, or the sentence imposed on the offender has been pardoned, or the person has not been convicted, or regardless of whatever family relationship the victim has with the perpetrator, and said term shall also include a person who has died or suffered loss, without being involved in the offence, in any of the following circumstances:-

(1) While performing an act to prevent a person committing an offence from committing the offence,
(2) While providing reasonable assistance and rescue with the aim of protecting a person from an offence being committed against such person,
(3) While attempting to arrest a person committing or having committed an offence, or while providing assistance to an authorized official in the course of arresting a suspicious person, accused or offender.

(i) "Family victim" means the mother, father, husband, wife of the deceased victim who is not involved in the offence against the primary victim who died as a direct result of the offence, who are from the same joint family, or other members of the same joint family dependent on the victim.

(j) "Victim" means a primary victim, secondary victim and family victim who is a natural person.

(k) "Victim Protection Advisory Committee" means the Victim Protection Advisory Committee under Section 44.

(l) "Guardian" means the guardian of the victim appointed or established in accordance with the prevailing law.

(m) "Loss" means the following loss suffered by the victim as a direct result of an offence:-

(1) Physical injury or mutilation,
(2) Pregnancy caused by rape,
(3) Contracting a communicable disease recognized by medical science that adversely affects the physical or mental health or lifespan of the victim,
(4) Mental anxiety, emotional trauma or loss identified by a physician,
(5) Destruction of or serious damage to physical, intellectual, sexual or reproductive capacity,
(6) Adverse effect on the social, cultural or family reputation of the victim due to rape,
(7) Psychological or psychiatric damage,

Explanation: For the purpose of this sub-clause, "psychological or psychiatric damage" means an effect identified through medical examination, which does not heal or reduce within a short time and which adversely affects the health of the victim.

(8) Economic or material loss,
(9) Disfigurement of the physical appearance of the victim.