Section 357A CrPC: Victim Compensation Scheme and Section 396 BNSS

Section 357A of the Code of Criminal Procedure, 1973 established a State-funded compensation mechanism for crime victims and their dependants. Its corresponding current provision is Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which also incorporates the additional-compensation rule formerly in Section 357B CrPC.

What is a victim compensation scheme?

A victim compensation scheme is a government-supported arrangement to assist people who have suffered injury or loss from a crime and require rehabilitation. It is distinct from compensation that a criminal court may direct a convicted person to pay. An eligible victim or dependant may receive compensation under the applicable scheme even in certain cases where the offender is not identified or the trial ends without a conviction.

Section 357A CrPC: Explanation of all six subsections

Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009), with effect from 31 December 2009, Section 357A contained the following six requirements. The descriptions below explain the provision rather than reproduce its full bare-act wording.

1. Subsection (1). Every State Government, in coordination with the Central Government, must prepare a scheme to provide funds for compensation to victims or their dependants who have suffered loss or injury due to crime and need rehabilitation.
2. Subsection (2). When a court recommends compensation, the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), as applicable, determines the amount under the scheme.
3. Subsection (3). At the end of trial, a court may recommend compensation if compensation under CrPC Section 357 is inadequate for rehabilitation, or if the case ends in acquittal or discharge and the victim still requires rehabilitation.
4. Subsection (4). If the offender cannot be traced or identified and no trial occurs, an identified victim or the victim's dependants may apply directly to the DLSA or SLSA.
5. Subsection (5). On receiving a court recommendation or an application under subsection (4), the legal services authority must conduct an enquiry and award adequate compensation, completing the enquiry within two months.
6. Subsection (6). The DLSA or SLSA may order immediate free first aid, medical benefits or other interim relief, on the prescribed certification of a police officer of at least station-house-officer rank or a local Magistrate.

Current law: Section 396 BNSS

BNSS Section 396(1) to (6) substantially carries forward the victim compensation framework of CrPC Section 357A. The cross-reference for compensation ordered by the court is now Section 395 BNSS (formerly Section 357 CrPC).

BNSS Section 396(7) adds a rule formerly addressed by Section 357B CrPC: State compensation under Section 396 is additional to the fine paid to the victim under Sections 65 and 70 and Section 124(1) of the Bharatiya Nyaya Sanhita, 2023. It should not be treated as a substitute for those statutory payments.

The related Section 357 CrPC / Section 395 BNSS deals with court-ordered compensation, while Section 357B CrPC provides the historical background to BNSS Section 396(7). Section 357C CrPC concerns medical treatment of certain victims; the corresponding current provision is Section 397 BNSS.

How can a victim apply for compensation?

1. Identify the applicable scheme. Check the victim compensation scheme in the relevant State or Union Territory, including its eligibility conditions and required records.
2. Contact the legal services authority. Approach the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), especially where no trial occurs because the offender is untraced.
3. Submit available evidence. Depending on the scheme, this may include the complaint or FIR, identity details, medical records, loss or rehabilitation documents and bank details. Do not delay urgent medical care while collecting papers.
4. Request interim assistance where necessary. Section 396(6) permits immediate first aid, free medical benefits or other interim relief under its stated conditions.
5. Follow the enquiry and award. Section 396(5) specifies completion of the enquiry within two months after the authority receives a relevant application or recommendation; the award itself depends on the applicable scheme and findings.

Who may be eligible?

The statutory framework addresses victims who suffer loss or injury from crime and need rehabilitation, as well as their dependants. Eligibility and the amount payable depend on the governing scheme and the facts of the case. Compensation is not automatic merely because an FIR is registered, and the statutory provision does not prescribe a single nationwide fixed payment for every offence.

Frequently asked questions

Official legal sources

• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
• Bureau of Police Research and Development: BNSS statutory text (PDF)
• Ministry of Home Affairs: New criminal laws
• India Code: Central legislation database

Legal information is provided for general reference. Check the current statute, applicable State scheme and relevant judicial directions for individual cases.