BNSS Section 396 — Victim compensation scheme

CHAPTER XXIX THE JUDGMENT

Criminal

Summary

Every State Government, working with the Central Government, must create a scheme to provide funds for compensating victims of crime or their dependents who have suffered loss or injury and need rehabilitation. When a court recommends compensation, the District or State Legal Services Authority decides the amount to be given under this scheme. If the trial court finds that compensation already awarded is not enough for rehabilitation, or if the case ends in acquittal or discharge and the victim still needs help, the court can recommend additional compensation. If the offender is not found or identified but the victim is known, and no trial happens, the victim or their dependents can apply directly to the State or District Legal Services Authority for compensation. After receiving such a recommendation or application, the Authority must conduct an inquiry and award adequate compensation within two months. To reduce the victim's suffering, the Authority may also order free first-aid or medical benefits based on a certificate from a police officer of a certain rank or a local magistrate, or provide any other interim relief it considers appropriate. Any compensation paid by the State Government under this section is in addition to any fine paid to the victim under specific sections of the Bharatiya Nyaya Sanhita, 2023.

Official Text

(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

(7) The compensation payable by the State Government under this section shall be in addition to the payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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