Section 357B CrPC: Compensation in Addition to Fine
A guide to the original Section 357B of the Code of Criminal Procedure, 1973, and the corresponding current rule in Section 396(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
What does Section 357B CrPC mean?
Section 357B protects the victim's entitlement to State-funded compensation in specified serious offences. Where the law also directs payment of a fine to the victim, the State compensation is additional: payment of one does not automatically replace the other. It works alongside the victim compensation scheme under Section 357A CrPC.
Original Section 357B CrPC: statutory provision
Section 357B - Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.
The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the Indian Penal Code (45 of 1860).
The section was inserted by Act 13 of 2013, section 23, with effect from 3 February 2013. The offence references were expanded by Act 22 of 2018, section 18, with effect from 21 April 2018. These IPC references describe the historical CrPC wording and should not be mistaken for the present BNS numbering.
Section 396(7) BNSS: present provision
Section 396(7), Bharatiya Nagarik Suraksha Sanhita, 2023:
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).
Section 396(7) is part of the wider victim compensation scheme in Section 396 BNSS. Its cross-references are to the Bharatiya Nyaya Sanhita (BNS), not to sections with the same numbers in the BNSS.
Offences covered by the current provision
- BNS Section 124(1): causing grievous hurt by use of acid, etc.
- BNS Section 65: punishment for rape in certain cases, including specified offences against minors.
- BNS Section 70: gang rape.
The particular offence and applicable fine depend on the statutory subsection, charge and conviction. Section 396(7) preserves the additional character of State compensation where these fine provisions apply.
How State compensation is assessed
Under Section 396 BNSS, the State Government prepares a victim compensation scheme in coordination with the Central Government. The District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) determines the amount under that scheme, including following a court recommendation or, in qualifying cases, an application where the offender is not identified and no trial takes place.
The scheme may provide support for medical treatment, rehabilitation and other needs. Under Section 396(5), the authority is to complete its enquiry within two months. Interim medical assistance or other relief may be available under Section 396(6). Compensation amounts vary according to the applicable State or Union Territory scheme and case circumstances.
Arunachal Pradesh state amendment in the original CrPC
The source text records Arunachal Pradesh Act 3 of 2019, section 20, which amended the State application of Section 357B CrPC by substituting the offence references to include IPC Sections 326A, 376D and 376DA. This is a historical State amendment. Its continued relevance to a particular proceeding must be considered alongside the BNSS commencement and savings rules; it should not be treated as an amendment to the text of Section 396(7) BNSS.
Practical illustration
Suppose a court orders a fine payable to an acid-attack victim under the applicable penal provision, and the victim also qualifies for rehabilitation compensation under the State scheme. The statutory rule means the State-funded award is not reduced to zero merely because the court has directed payment of a fine. The actual sums and disbursement depend on the judgment, the scheme and the competent authority's order.
Official legal sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF)
- Bureau of Police Research and Development - BNSS reference PDF
- Ministry of Home Affairs - New criminal laws
- India Code - Official central legislation database
Frequently asked questions
What is Section 357B CrPC?
It provides that compensation paid by the State under Section 357A is additional to specified fines payable to the victim, not a substitute for those fines.
What is the corresponding provision in BNSS?
Section 396(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, carries forward the additional-compensation rule.
Does the victim have to choose between a fine and State compensation?
No. For offences covered by the provision, State compensation is additional to the fine payable to the victim.
Who decides victim compensation under the State scheme?
Under Section 396 BNSS, the District or State Legal Services Authority decides the compensation amount under the applicable scheme following the statutory process.
Legal note: This article provides general statutory information, not advice on an individual claim. Refer to the applicable legislation, State compensation scheme, court orders and current notifications.