Section 396 of BNSS, 2023 — Victim Compensation Scheme

Introduction

Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for a Victim Compensation Scheme for victims who have suffered loss or injury as a result of a crime and require rehabilitation.

The provision requires every State Government, in coordination with the Central Government, to prepare a scheme for providing funds for compensation to victims or their dependents. It also provides for compensation in cases where the compensation awarded under Section 395 is inadequate, where the accused is acquitted or discharged but the victim requires rehabilitation, and where the offender has not been traced or identified.

Meaning of Section 396 BNSS

Section 396 creates a statutory mechanism for providing financial assistance and rehabilitation to victims of crime or their dependents.

The compensation mechanism is not restricted to cases ending in conviction. In specified circumstances, compensation may also be available after acquittal or discharge, or where the offender cannot be traced or identified.

Statutory Basis

Section 396 of BNSS contains provisions relating to:

• preparation of the victim compensation scheme;
• determination of compensation;
• recommendations by the trial Court;
• applications where the offender is not traced or identified;
• enquiry and payment of compensation;
• immediate medical and interim relief; and
• compensation payable by the State in addition to specified fines under the Bharatiya Nyaya Sanhita, 2023.

Object and Purpose

The primary purpose of Section 396 is the rehabilitation of victims of crime.

Criminal proceedings may result in punishment of the offender, but punishment alone may not adequately address the victim’s financial, medical or rehabilitative needs. Section 396 therefore provides a separate mechanism through which the victim may receive compensation and immediate assistance.

Essential Elements

1. State Victim Compensation Scheme

Every State Government, in coordination with the Central Government, is required to prepare a scheme for providing funds for compensation.

The scheme is intended for:

• victims who have suffered loss or injury as a result of a crime; and
• their dependents, where applicable.

The compensation is intended to assist victims who require rehabilitation.

2. Role of Legal Services Authorities

Where a Court makes a recommendation for compensation, the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), as applicable, determines the quantum of compensation under the scheme.

The Court therefore has a recommendation-making role, while the appropriate Legal Services Authority determines the amount according to the applicable scheme.

3. Recommendation by Trial Court

The trial Court may recommend compensation where it considers that:

• the compensation awarded under Section 395 is inadequate for rehabilitation; or
• the case has resulted in acquittal or discharge, but the victim nevertheless requires rehabilitation.

This means that victim compensation is not automatically dependent upon conviction.

4. Offender Not Traced or Identified

Section 396 also protects victims where the offender cannot be traced or identified.

Where:

• the victim is identified;
• the offender has not been traced or identified; and
• no trial takes place,

the victim or the victim’s dependents may apply to the State Legal Services Authority or District Legal Services Authority for compensation.

The absence of a trial therefore does not by itself prevent the victim from seeking compensation under the statutory scheme.

5. Enquiry and Award of Compensation

After receiving a recommendation or application, the appropriate Legal Services Authority conducts the required enquiry.

The enquiry is required to be completed within two months, following which adequate compensation may be awarded.

6. Immediate Medical and Interim Relief

Section 396 permits the State Legal Services Authority or District Legal Services Authority to provide immediate relief to alleviate the suffering of the victim.

Such relief may include:

• immediate first-aid facilities;
• free medical benefits; and
• other appropriate interim relief.

The provision also contemplates access to first aid or medical benefits on the certificate of a police officer not below the rank of the officer in charge of the police station or a Magistrate of the concerned area.

7. Compensation in Addition to Specified Fines

Section 396(7) provides that compensation payable by the State under the victim compensation scheme is in addition tothe fine payable to the victim under specified provisions of the Bharatiya Nyaya Sanhita, 2023.

The provision specifically refers to Sections 65, 70 and 124(1) of the BNS.

Thus, State-funded compensation under Section 396 does not replace the specified fine payable to the victim under those provisions.

Procedure

The mechanism under Section 396 can be understood in the following manner:

1. The State Government prepares a victim compensation scheme in coordination with the Central Government.
2. The trial Court may recommend compensation where the statutory conditions are satisfied.
3. The DLSA or SLSA determines the quantum of compensation under the applicable scheme.
4. Where the offender is not traced or identified and no trial takes place, the victim or dependents may apply directly to the appropriate Legal Services Authority.
5. The authority conducts an enquiry.
6. The enquiry is completed within two months.
7. Adequate compensation may then be awarded.
8. Immediate medical or other interim relief may also be provided where necessary.

Compensation After Acquittal or Discharge

An important feature of Section 396 is that compensation may still be recommended even when the criminal case ends in acquittal or discharge.

If the trial Court considers that the victim requires rehabilitation, it may recommend compensation under the victim compensation scheme.

Therefore, the statutory mechanism focuses on the victim’s rehabilitation needs and is not limited exclusively to cases resulting in conviction.

Compensation Where No Trial Takes Place

Section 396 specifically addresses cases where the offender has not been traced or identified.

Where no trial takes place for this reason, the victim or the victim’s dependents may apply directly to the State Legal Services Authority or District Legal Services Authority.

This provides a separate route for seeking compensation without waiting for a criminal trial.

Immediate Relief

Victims may require assistance even before the final amount of compensation is determined.

Section 396 therefore permits immediate relief, including:

• first-aid facilities;
• free medical benefits; and
• other interim relief considered appropriate.

This provision gives the compensation framework an immediate rehabilitative dimension rather than limiting assistance to a final monetary award.

Powers and Duties

Duties of the State Government

The State Government must prepare a victim compensation scheme in coordination with the Central Government.

Role of the Trial Court

The trial Court may recommend compensation where:

• compensation under Section 395 is inadequate for rehabilitation; or
• the accused is acquitted or discharged and the victim requires rehabilitation.

Role of DLSA and SLSA

The appropriate Legal Services Authority:

• determines the quantum of compensation following a Court’s recommendation;
• receives applications in cases covered by Section 396(4);
• conducts the required enquiry;
• awards adequate compensation; and
• may provide immediate medical or other interim relief.

Important Distinctions

Section 395 and Section 396 BNSS

Section 395 deals with an order to pay compensation by the criminal Court, including directions concerning the application of fines.

Section 396 establishes the victim compensation scheme through which compensation may be provided for rehabilitation.

The two provisions therefore operate as complementary mechanisms.

Compensation and Fine

A fine is a punishment imposed upon the accused as part of the criminal sentence.

Compensation is intended to provide monetary assistance to a person who has suffered loss or injury.

Section 396 specifically creates a State-funded compensation mechanism for victim rehabilitation.

Conviction and Victim Compensation

Victim compensation under Section 396 is not restricted to cases resulting in conviction.

The provision expressly contemplates compensation after acquittal or discharge where rehabilitation is required and also permits applications where the offender has not been traced or identified.

Compensation and Interim Relief

Compensation refers to the financial assistance awarded under the victim compensation scheme.

Interim relief refers to immediate assistance provided to alleviate the victim’s suffering, including medical and first-aid assistance.

BNSS and CrPC

Section 396 BNSS substantially corresponds to Section 357A of the Code of Criminal Procedure, 1973, which dealt with the victim compensation scheme.

The BNSS provision continues the framework under which States establish compensation schemes for victims and provides for recommendations by criminal courts and compensation through the Legal Services Authorities.

The provision also continues the principle that State compensation operates in addition to specified fines payable to victims.

Relationship with BNS and BSA

Section 396 is primarily a procedural and rehabilitative provision under BNSS.

Its relationship with the three new criminal laws is:

• BNS, 2023: Defines substantive criminal offences and prescribes punishments.
• BNSS, 2023: Provides the criminal procedural framework, including victim compensation under Section 396.
• BSA, 2023: Governs the law of evidence.

Section 396(7) specifically connects the victim compensation scheme with certain fines payable under the BNS.

Constitutional Connection

The victim compensation framework supports broader constitutional principles relating to access to justice, dignity and effective legal protection.

By providing financial, medical and rehabilitative assistance, Section 396 recognises that criminal justice should address not only the punishment of offenders but also the consequences suffered by victims.

Example

Suppose a victim suffers serious financial and physical harm because of an offence. The Court awards compensation under Section 395, but the amount is insufficient for the victim’s rehabilitation.

The trial Court may recommend additional compensation under Section 396. The appropriate DLSA or SLSA then determines the quantum of compensation under the applicable victim compensation scheme.

If the offender cannot be traced or identified and no trial takes place, the victim or the victim’s dependents may apply directly to the appropriate Legal Services Authority.

Topic at a Glance

• Topic: Victim Compensation Scheme
• BNSS Section: Section 396
• Purpose: Compensation and rehabilitation of victims of crime and their dependents
• Scheme: Prepared by the State Government in coordination with the Central Government
• Authorities: State Legal Services Authority and District Legal Services Authority
• Court’s role: May recommend compensation in specified circumstances
• Acquittal or discharge: Compensation may still be recommended where rehabilitation is required
• Untraced offender: Victim or dependents may apply where no trial takes place
• Enquiry: Must be completed within two months
• Interim relief: First aid, free medical benefits and other appropriate relief may be provided
• Additional compensation: State compensation is in addition to specified fines under BNS
• Corresponding CrPC provision: Section 357A CrPC

Quick Revision

• Section 396 BNSS deals with the Victim Compensation Scheme.
• Every State Government must prepare a compensation scheme in coordination with the Central Government.
• The scheme provides funds for victims or dependents who have suffered loss or injury and require rehabilitation.
• DLSA or SLSA determines the quantum of compensation following a Court’s recommendation.
• A trial Court may recommend compensation where Section 395 compensation is inadequate.
• Compensation may also be recommended where the accused is acquitted or discharged but the victim requires rehabilitation.
• A victim or dependent may apply directly where the offender is not traced or identified and no trial takes place.
• The enquiry must be completed within two months.
• Immediate first aid, free medical benefits and other interim relief may be provided.
• State compensation is in addition to specified fines payable under the BNS.
• Section 396 substantially corresponds to Section 357A CrPC.

ALSO READ: Section 395 – Order to pay compensation

Conclusion

Section 396 BNSS establishes a statutory framework for the compensation and rehabilitation of victims of crime. Its scope extends beyond cases resulting in conviction and includes situations involving inadequate compensation, acquittal or discharge, and cases where the offender cannot be traced or identified. The provision also enables immediate medical and interim assistance, making victim rehabilitation an important component of the criminal justice process.