Protection of victims: compensation and treatment

1. The victim in criminal procedure

The traditional criminal trial is a contest between the State and the accused; the victim is only a witness. Indian law has moved towards restorative justice, giving the victim a right to be compensated and heard. The BNSS defines a victim as a person who has suffered any loss or injury caused by the act or omission of the accused, including his guardian or legal heir (section 2(1)(y)). The main provisions are sections 395 to 398 (formerly sections 357 to 357C of the CrPC).

2. Compensation by the offender: section 395 (old section 357)

Out of the fine (section 395(1)). When the court imposes a fine, or a sentence of which fine forms part, it may order the whole or part of the fine recovered to be applied:

• (a) to meet the expenses of the prosecution;
• (b) to compensate any person for loss or injury caused by the offence, where compensation would be recoverable in a civil court;
• (c) where the offence caused death, to compensate the persons entitled under the Fatal Accidents Act, 1855;
• (d) in theft, misappropriation, breach of trust, cheating or receiving stolen property, to compensate a bona fide purchaser who has had to give the property back.

Where no fine is imposed (section 395(3)). The court may order the accused to pay compensation to the person who suffered loss or injury. Payment waits until the appeal period is over or the appeal is decided (section 395(2)), the power is also available to appellate and revisional courts, and any amount paid is taken into account in a later civil suit.

• Hari Kishan v. Sukhbir Singh, 1988 INSC 239, (1988) 4 SCC 551. The power to award compensation is not ancillary to other sentences but in addition to them, and should be used liberally. The amount must be reasonable, fixed with regard to the facts, the gravity of the act and the paying capacity of the accused.
• Ankush Shivaji Gaikwad v. State of Maharashtra, 2013 INSC 309, (2013) 6 SCC 770. The provision confers a power coupled with a duty: every court must apply its mind to the question of compensation in every criminal case, and record reasons whether it awards it or not.

3. Victim Compensation Scheme: section 396 (old section 357A)

An offender may be poor, untraced or acquitted. Section 396 makes the State pay in such cases.

• The scheme (section 396(1)). Every State Government, in coordination with the Central Government, shall prepare a scheme providing funds to compensate the victim or his dependants who have suffered loss or injury from the crime and need rehabilitation.
• Quantum (section 396(2)). When the court recommends compensation, the District or State Legal Services Authority decides the amount under the scheme. The court recommends; the Authority quantifies.
• Recommendation by the trial court (section 396(3)). At the end of the trial the court may recommend compensation if what it awarded under section 395 is inadequate for rehabilitation, or if the case ends in acquittal or discharge and the victim still needs rehabilitation.
• Untraced offender (section 396(4)). Where the offender is not traced or identified but the victim is, and no trial takes place, the victim or dependants may apply directly to the State or District Legal Services Authority.
• Time limit (section 396(5)). The Authority must hold an enquiry and award adequate compensation, completing the enquiry within two months.
• Interim relief (section 396(6)). To relieve suffering at once, the Authority may order immediate first aid or medical benefits free of cost on the certificate of a police officer not below officer in charge of the police station or a Magistrate, or any other interim relief.
• In addition to fine (section 396(7)). State compensation is in addition to the fine payable to the victim under sections 65 and 70 (aggravated and gang rape) and section 124(1) (acid attack) of the BNS. This takes in the old section 357B.

In Suresh v. State of Haryana, 2014 INSC 819, (2015) 2 SCC 227, the Supreme Court held that courts, on taking cognizance, should ascertain whether there is material showing the commission of a crime, whether the victim is identifiable and whether he needs immediate financial relief, and if so, should direct interim compensation under the scheme without waiting for the end of the trial. Earlier, in Delhi Domestic Working Women’s Forum v. Union of India, 1994 INSC 467, (1995) 1 SCC 14, the Court had directed a scheme of compensation for rape victims, which the statute later adopted.

4. Treatment of victims: section 397 (old section 357C)

All hospitals, public or private, whether run by the Central or State Government, local bodies or any other person, shall immediately provide first aid or medical treatment free of cost to victims of:

• rape and related offences under sections 64 to 68, 70 and 71 of the BNS;
• acid attack under section 124(1) of the BNS; and
• offences under sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012,

and shall immediately inform the police. A hospital cannot turn away such a victim or demand payment first. Failure to treat is punishable under section 200 of the BNS.

5. Other rights of the victim under the BNSS

• Witness protection (section 398, new): every State must prepare and notify a Witness Protection Scheme. In Mahender Chawla v. Union of India, 2018 INSC 1153, (2019) 14 SCC 615, the Court approved the Witness Protection Scheme, 2018 and directed its enforcement until legislation was made.
• Right of appeal (proviso to section 413, old proviso to section 372): the victim may appeal against acquittal, conviction for a lesser offence or inadequate compensation. In Mallikarjun Kodagali v. State of Karnataka, 2018 INSC 969, (2019) 2 SCC 752, the Court held this is a right and needs no leave.
• Information: a free copy of the FIR (section 173(2)), copies of the police report and documents if represented by an advocate (section 230), and a report on the progress of the investigation within ninety days (section 193(3)(ii)).
• Hearing: no withdrawal from prosecution without hearing the victim (proviso to section 360).

How this is examined

“Victim Compensation Scheme” was the Unit IV short note in February 2025, June 2025 and January 2026. Write the background, the seven sub-sections of section 396, the contrast with section 395, Suresh on interim compensation, and close with section 397. For a 10-mark answer on protection of victims, add sections 398 and 413 and Ankush Shivaji Gaikwad.