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Sunday, 7 June 2020

Crime victim fund to provide compensation to harmed party

Kathmandu, June 7

The Government of Nepal has enacted the Crime Victim Relief Fund Regulations to provide relief or compensation to persons victimised by criminal offences.

As per the regulations, there shall be a five-member steering committee headed by a registrar of the Supreme Court. Its members include joint secretaries at the Ministry of Law, Justice and Parliamentary Affairs, Ministry of Home Affairs and Ministry of Women, Children and Senior Citizens, and Judgment Execution Directorate of the apex court.

The committee shall open an account in any ‘A’ class commercial bank and deposit the amount received for the fund. Rule 8 of the regulations states that the committee shall allocate necessary amount to the district court concerned for providing relief or compensation to the victims of criminal offences.

If a court has passed an order to provide relief or compensation to a crime victim from the fund, such a victim shall submit an application to the court concerned to receive the prescribed amount. It requires the offender concerned to deposit the amount in the fund as ordered by the court within 35 days of the verdict. Even if the offender is not financially capable of paying the compensation ordered by the court and the offender has yet to be identified, the victim shall get relief or compensation from the fund.

In a case where the offender does not provide the victim with the compensation amount ordered by the court to be given to the victim, the court shall help the victim by recovering the amount from the movable or immovable property of the offender.

According to regulations, relief or compensation will be provided on the basis of physical and mental trauma meted out to the victim apart from medical expenses, damage to property, expenses incurred for hiring lawyer and impact on income generation capacity of the victim, among others.

If the victim dies, his/her next of kin shall get the prescribed amount. In case, the damaged property cannot be restored to its original form, the amount of compensation shall be ordered to be paid according to the prevailing market price of such property.


A version of this article appears in e-paper on June 8, 2020, of The Himalayan Times.

The post Crime victim fund to provide compensation to harmed party appeared first on The Himalayan Times.



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