Journal of International Commercial Law and Technology
2026, Volume 7, Issue 1 : 41-55
Original Article
Legal Challenges in Implementing the Compensation Schemes for Women Victims in India: A Comparative Perspective
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Abstract

. The legal framework governing victim compensation for women survivors of violence in India has evolved significantly over the past decade, particularly with the insertion of Section 357A into the Code of Criminal Procedure (CrPC) and its reaffirmation under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Despite this progress, systemic challenges continue to obstruct the realization of compensation as a substantive right. This research examines the legal and institutional dimensions of India’s victim compensation mechanisms, emphasizing statutory provisions, judicial interpretations, and implementation challenges within a rights-based framework. The study identifies legal inconsistencies, discretionary judicial behavior, and fragmented state practices as key barriers to uniform and timely disbursal of compensation. Adopting a doctrinal and comparative legal methodology, the research juxtaposes India’s legislative approach with the rights-centric models of Canada, Sweden, and South Africa. The findings highlight the absence of enforceable guidelines, trauma-informed protocols, and centralized oversight in India’s legal framework. This paper argues for statutory reforms that shift victim compensation from a discretionary benefit to an enforceable legal entitlement, supported by clear procedures, equitable access, and judicial accountability.

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