Indian criminal procedure | Victims' rights | Updated 18 October 2026

Section 357C CrPC and Section 397 BNSS: Free Medical Treatment of Victims

Hospitals have a statutory duty to provide immediate, free first-aid or medical treatment to victims of specified sexual offences and acid attacks, and to notify the police without delay. The current provision is Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to former Section 357C of the Code of Criminal Procedure, 1973 (CrPC).

Current-law position: BNSS took effect on 1 July 2024. Section 397 is the relevant current provision; older CrPC proceedings may remain governed by the savings in Section 531 BNSS, depending on the facts.

Section 397 BNSS: Meaning and legal requirements

The heading of Section 397 BNSS is "Treatment of victims". It applies to all public and private hospitals, whether operated by the Central Government, a State Government, local bodies or any other person. For victims of the offences listed in the section, hospitals must:

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

The statutory duty is not restricted to government hospitals. The police-reporting obligation accompanies the duty to treat; it does not make prior police reporting a prerequisite to immediate medical care.

Which offences are covered by Section 397 BNSS?

The current section expressly refers to offences under Sections 64, 65, 66, 67, 68, 70 and 71, and Section 124(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). These include specified rape and sexual offences and grievous hurt by use of acid. It also expressly covers Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

These are precise statutory cross-references; the obligation should not be described as applying to every offence without qualification. Other legal and professional duties to provide emergency care may arise independently.

Former Section 357C CrPC: Original provision

Section 357C - Treatment of victims: All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately provide first-aid or medical treatment, free of cost, to victims of offences covered by IPC Sections 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E, and shall immediately inform the police of such incident.

The original provision was introduced by Act 13 of 2013, Section 23 (effective 3 February 2013). The offence references were expanded by Act 22 of 2018, Section 19 (effective 21 April 2018). Under the current BNSS, the relevant offence references have been recast to BNS and POCSO provisions.

Consequences of refusing required treatment

Section 200 BNS addresses non-treatment of a victim in contravention of Section 397 BNSS. Subject to the elements of that offence, the person in charge of a hospital or another person may face imprisonment for a term extending to one year, or fine, or both. This is distinct from a victim's eligibility for compensation under Section 396 BNSS.

Medical treatment and compensation are different rights

Section 397 BNSS establishes the immediate treatment and reporting obligations of hospitals. Section 396 BNSS concerns victim compensation schemes, rehabilitation assistance and related processes involving the State or District Legal Services Authority. Receiving free emergency treatment does not by itself determine eligibility or quantum under a compensation scheme.

Historical Arunachal Pradesh amendment

The original CrPC page records Arunachal Pradesh Act 3 of 2019, Section 21, which amended the state's version of Section 357C by replacing its list of IPC references with a list including IPC Sections 326A, 376AA, 376B, 376C, 376D, 376DA and 376E. This is retained as historical state-amendment information, not as a statement that the old IPC wording overrides Section 397 BNSS today. State-specific savings and transitional applicability should be checked in the relevant official instruments.

Practical steps for victims and families

Seek immediate medical attention at a nearby public or private hospital; treatment of covered victims should not be delayed for payment.
Tell the medical team about the incident and the need for urgent first-aid and treatment.
Preserve medical records, discharge summaries and receipts, if any.
For rehabilitation or compensation, contact the District Legal Services Authority or State Legal Services Authority under the applicable scheme.

Frequently asked questions

What replaced Section 357C CrPC?

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the corresponding current provision.

Are private hospitals required to treat eligible victims free of cost?

Yes. Section 397 BNSS expressly covers public and private hospitals and requires immediate free first-aid or medical treatment for victims of the specified offences.

Does the hospital have to inform police?

Yes. Section 397 BNSS requires the hospital to inform police immediately of the incident.

Does the provision cover offences against children?

Yes. Section 397 BNSS expressly includes offences under Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012.

What happens if a hospital refuses treatment?

Section 200 of the Bharatiya Nyaya Sanhita, 2023 provides punishment for non-treatment of victims in contravention of Section 397 BNSS, subject to the statutory requirements.

Official legislation and reference links

Legal information for general reference. Check the official statutory text, relevant rules and case-specific transitional provisions before acting.