The Madras High Court has suggested that senior citizens who fall victim to fraudsters should be paid a minimum compensation of 30% of the value of the jewels or cash lost, or ₹5 lakh, whichever is lower, from the Victim Compensation Fund if the culprits remain untraced.
Justice D. Bharatha Chakravarthy made the observation while disposing of a petition filed by 68-year-old P. Krishnaveni of Ma.Po.Si. Nagar, Tiruvallur district. The petitioner, who was duped of 17.5 sovereigns of jewellery in 2018, had sought a direction to police to complete the investigation. The government informed the court that the police had already filed an “untraceable report,” with liberty to reopen the case if fresh clues emerged.
The judge said he was suggesting only a “bare minimum” compensation, and that the state government could fix an even higher quantum. He noted that scams targeting senior citizens were on the rise, both in public places and at their residences, and stressed that courts could not ignore the mental agony suffered by the elderly.
Pointing out that the new Bharatiya Nagarik Suraksha Sanhita (BNSS) emphasises citizen protection, Justice Chakravarthy observed that Section 396 of the law provides for victim compensation in cases where offenders cannot be traced. He criticised the existing Tamil Nadu Victim Compensation Scheme, framed in 2013, for capping payouts at just ₹1 lakh, and called for a significant upward revision.
In Krishnaveni’s case, the court noted that she had been duped while on her way to a medical test with her husband, when two men posing as policemen persuaded her to place her jewellery and cash into a bag, before fleeing with it. Considering the current gold price of around ₹75,000 per sovereign, the court held she was entitled to ₹4 lakh in compensation.
The judge directed the Tiruvallur District Legal Services Authority to send a para-legal volunteer to assist the petitioner with her application and ensure the amount is delivered by demand draft or bank transfer within 12 weeks. He added that the compensation must be returned if the police later trace the culprits and recover the valuables.
(With inputs from The Hindu)
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