Section 397 of BNSS, 2023 — Treatment of Victims

Introduction

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the immediate treatment of victims of specified serious offences.

The provision places a statutory duty on all hospitals, whether public or private, to provide immediate first-aid or medical treatment free of cost to victims covered by the section. Hospitals must also immediately inform the police about the incident.

The provision is intended to ensure that a victim receives urgent medical assistance without being denied treatment because of the inability to pay.

Meaning of Section 397 BNSS

Section 397 requires every hospital to provide immediate first-aid or medical treatment, without charging the victim, where the victim has suffered from any of the specified offences under the Bharatiya Nyaya Sanhita, 2023 or specified offences under the Protection of Children from Sexual Offences Act, 2012.

The obligation applies irrespective of whether the hospital is publicly or privately managed.

Statutory Basis

Section 397 applies to victims of offences covered under:

• Sections 64, 65, 66, 67, 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023;
• Section 124(1) of the Bharatiya Nyaya Sanhita, 2023; and
• Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.

The section imposes two immediate obligations on hospitals:

1. provide first-aid or medical treatment free of cost; and
2. immediately inform the police of the incident.

Object and Purpose

The primary objectives of Section 397 are:

• to ensure immediate medical assistance to victims;
• to prevent denial or delay of treatment because of financial considerations;
• to ensure that victims of specified serious offences receive necessary medical care;
• to facilitate immediate reporting of the incident to the police; and
• to strengthen the victim-centred approach to criminal procedure.

Essential Elements

1. Applies to All Hospitals

The obligation is deliberately broad.

It covers hospitals:

• run by the Central Government;
• run by the State Government;
• run by local bodies; and
• run by any other person, including private hospitals.

Therefore, the statutory duty is not restricted to government hospitals.

2. Immediate Treatment

The hospital must immediately provide the required first-aid or medical treatment.

The emphasis on immediate treatment is intended to prevent delay at a critical stage when the victim may require urgent medical attention.

3. Treatment Must Be Free of Cost

The treatment contemplated by Section 397 must be provided free of cost.

A victim covered by the provision cannot be required to pay for the immediate first-aid or medical treatment merely because the hospital is privately operated.

4. Specified Offences

Section 397 does not apply to every offence under the BNS.

It specifically identifies particular offences under the BNS and POCSO Act to which the statutory obligation applies.

5. Immediate Information to Police

The hospital must also immediately inform the police about the incident.

Thus, the provision creates both a medical obligation and an information-related obligation.

Offences Covered Under BNS

Section 397 covers victims of offences under:

• Section 64;
• Section 65;
• Section 66;
• Section 67;
• Section 68;
• Section 70;
• Section 71; and
• Section 124(1) of BNS.

These provisions principally concern serious sexual offences and acid-related grievous hurt.

Offences Covered Under POCSO Act

Section 397 also applies to specified offences under the Protection of Children from Sexual Offences Act, 2012.

These are:

• Section 4;
• Section 6;
• Section 8; and
• Section 10.

Therefore, the protection under Section 397 extends to victims of specified offences against children as well.

Duties of Hospitals

A hospital covered by Section 397 has two principal statutory duties.

Duty to Provide Treatment

The hospital must immediately provide first-aid or medical treatment free of cost to a victim covered by the provision.

Duty to Inform Police

The hospital must immediately inform the police about the incident.

The two duties operate together. The requirement to inform the police does not permit the hospital to delay or refuse the victim’s immediate treatment.

Public and Private Hospitals

Section 397 makes no distinction between public and private hospitals for the purpose of the statutory treatment obligation.

A private hospital cannot refuse the required immediate treatment merely because it is privately managed.

The statutory language expressly extends the obligation to hospitals run by the Central Government, State Government, local bodies or any other person.

Nature of the Provision

Section 397 is a procedural and victim-protection provision.

It does not create a separate offence or prescribe a punishment for the underlying crime. Instead, it establishes an immediate medical-treatment obligation for hospitals dealing with victims of specified offences.

The provision therefore operates alongside the substantive offences under the BNS and POCSO Act.

Procedure

The basic operation of Section 397 can be understood in the following manner:

1. A victim of a specified offence approaches or is brought to a hospital.
2. The hospital identifies that the case falls within the offences covered by Section 397.
3. The hospital immediately provides first-aid or medical treatment.
4. No charge is imposed on the victim for such treatment.
5. The hospital immediately informs the police about the incident.
6. The victim receives necessary medical attention while the criminal justice process proceeds separately.

Important Distinctions

Section 396 and Section 397 BNSS

Section 396 deals with the Victim Compensation Scheme and focuses on financial compensation and rehabilitation.

Section 397 deals with the immediate treatment of victims and requires specified hospitals to provide free first-aid or medical treatment.

Thus, Section 396 primarily concerns compensation and rehabilitation, while Section 397 concerns immediate medical assistance.

Medical Treatment and Victim Compensation

Medical treatment under Section 397 is not the same as compensation under Section 396.

Section 397 requires immediate free treatment in specified cases. Section 396 provides a broader mechanism for financial compensation and rehabilitation.

A victim may therefore benefit from both mechanisms where the statutory conditions are satisfied.

Public Hospital and Private Hospital

Section 397 does not limit the obligation to government hospitals.

Both public and private hospitals are covered by the provision.

BNSS and CrPC

Section 397 BNSS substantially corresponds to Section 357C of the Code of Criminal Procedure, 1973.

The earlier CrPC provision required all hospitals, public or private, to provide immediate free first-aid or medical treatment to victims of specified offences and to immediately inform the police.

Under BNSS, the provision has been carried forward with the relevant offences now identified by reference to the BNS and specified provisions of the POCSO Act.

The major structural change is therefore the transition from references to offences under the Indian Penal Code to the corresponding specified offences under the BNS.

Relationship with BNS and BSA

Section 397 operates together with the three new criminal laws:

• BNS, 2023: Defines the substantive offences to which Section 397 refers.
• BNSS, 2023: Provides the procedural obligation of immediate treatment and police notification.
• BSA, 2023: Governs the law of evidence applicable to criminal proceedings.

Section 397 also expressly refers to specified offences under the POCSO Act, 2012.

Constitutional Connection

Section 397 supports the broader constitutional principles of dignity, access to justice and protection of life and personal liberty.

Immediate medical assistance can be particularly significant in cases involving serious sexual offences and acid-related injuries, where delay in treatment may aggravate the victim’s physical and psychological harm.

Example

Suppose a victim of an offence covered by Section 397 is taken to a private hospital for emergency medical assistance.

The hospital cannot refuse immediate first-aid or medical treatment merely because the victim cannot pay. The treatment required under Section 397 must be provided free of cost, and the hospital must immediately inform the police about the incident.

Common Confusions

Can a private hospital refuse treatment because the victim cannot pay?

No.

Where the victim falls within the offences covered by Section 397, the hospital must provide immediate first-aid or medical treatment free of cost.

Does Section 397 apply to every criminal offence?

No.

The provision applies specifically to the offences identified in Section 397, including specified offences under the BNS and POCSO Act.

Is informing the police a substitute for providing treatment?

No.

The hospital has a duty to provide immediate treatment and a separate duty to inform the police immediately.

Does Section 397 apply only to government hospitals?

No.

It expressly covers both public and private hospitals.

Important BNSS Provisions

Section 396

Deals with the Victim Compensation Scheme, including compensation and rehabilitation.

Section 397

Requires specified hospitals to provide immediate free first-aid or medical treatment to victims and immediately inform the police.

Section 398

Provides for the witness protection scheme.

Case Law

The statutory framework under Section 397 is substantially based on the earlier Section 357C CrPC framework. Judicial decisions concerning the corresponding CrPC provision may therefore remain relevant where the statutory principle is substantially similar.

The application of Section 397 BNSS is still developing under the new procedural framework.

Topic at a Glance

• Topic: Treatment of Victims
• BNSS Section: Section 397
• Purpose: Immediate medical assistance to victims of specified offences
• Hospitals Covered: Public and private hospitals
• Treatment: First-aid or medical treatment
• Cost: Free of cost
• Police Notification: Must be made immediately
• BNS Offences: Sections 64, 65, 66, 67, 68, 70, 71 and Section 124(1)
• POCSO Offences: Sections 4, 6, 8 and 10
• Corresponding CrPC Provision: Section 357C CrPC

Quick Revision

• Section 397 BNSS deals with Treatment of Victims.
• It requires all hospitals, public or private, to provide immediate first-aid or medical treatment free of cost.
• The provision applies only to specified offences.
• Covered BNS provisions include Sections 64, 65, 66, 67, 68, 70, 71 and Section 124(1).
• It also covers Sections 4, 6, 8 and 10 of the POCSO Act.
• Hospitals must immediately inform the police about the incident.
• Private hospitals are also bound by the provision.
• Section 397 is primarily a victim-protection and procedural provision.
• It should be distinguished from Section 396, which deals with victim compensation.
• Section 397 substantially corresponds to Section 357C CrPC.

ALSO READ: Section 396 – Victim compensation scheme

Conclusion

Section 397 BNSS ensures that victims of specified serious offences receive immediate medical assistance without financial barriers. By extending the obligation to both public and private hospitals and requiring immediate police notification, the provision connects emergency medical care with the criminal justice process. It reinforces the principle that immediate treatment of the victim must not be delayed because of questions of payment or the nature of the hospital providing the treatment.