Section 396 BNSS 2023: Victim Compensation Scheme
Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the statutory framework for victim compensation and rehabilitation. It requires every State Government, in co-ordination with the Central Government, to maintain a scheme for compensating victims or their dependents who suffer loss or injury because of crime and require rehabilitation.
- State Governments must provide a victim compensation scheme.
- DLSA or SLSA decides the quantum when a court recommends compensation.
- A court may recommend further compensation where compensation under Section 395 is inadequate.
- Compensation can also be sought where the offender is not traced or identified and no trial takes place.
- The Legal Services Authority must complete its enquiry within two months.
- Immediate first-aid, free medical benefits or other interim relief may be ordered.
- Compensation under this provision is additional to specified fines payable to victims under the Bharatiya Nyaya Sanhita, 2023.
Meaning and purpose of Section 396
Section 396 is a victim-rehabilitation provision rather than a provision creating an offence or prescribing punishment. Its purpose is to ensure that financial and immediate rehabilitative assistance can be made available even where ordinary compensation ordered in the criminal case is insufficient, or where a criminal trial does not result in conviction.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024. Section 396 appears in the statutory framework dealing with judgments, compensation, treatment of victims and related post-trial protections.
Text and explanation of Section 396 BNSS
396. Victim compensation scheme.
Sub-section (1): Every State Government, in co-ordination with the Central Government, is required to prepare a scheme providing funds to compensate a victim or the victim's dependents who have suffered loss or injury because of crime and who require rehabilitation.
Sub-section (2): Where a court recommends compensation, the District Legal Services Authority or State Legal Services Authority, as applicable, decides the quantum payable under the scheme.
Sub-section (3): At the conclusion of trial, the trial court may recommend compensation if the compensation awarded under Section 395 BNSS is inadequate for rehabilitation. A recommendation may also be made where the case ends in acquittal or discharge but the victim still requires rehabilitation.
Sub-section (4): If the offender is not traced or identified, but the victim is identified and no trial takes place, the victim or the victim's dependents may apply to the State or District Legal Services Authority for compensation.
Sub-section (5): On receiving a court recommendation or an application under sub-section (4), the State or District Legal Services Authority must conduct due enquiry and award adequate compensation, completing the enquiry within two months.
Sub-section (6): To alleviate the victim's suffering, the State or District Legal Services Authority may order immediate first-aid, free medical benefits on the required certificate of the police officer or Magistrate, or other interim relief considered appropriate.
Sub-section (7): Compensation payable by the State Government under Section 396 is in addition to the fine payable to the victim under Section 65, Section 70 and Section 124(1) of the Bharatiya Nyaya Sanhita, 2023.
Who can seek compensation under Section 396?
Depending on the facts, compensation may be sought for the victim or the victim's dependents. The provision is particularly important where the victim has suffered physical, emotional or financial consequences that require rehabilitation, where compensation ordered by the trial court is insufficient, or where the offender cannot be traced and no trial takes place.
Role of DLSA and SLSA
The District Legal Services Authority (DLSA) and State Legal Services Authority (SLSA) are the authorities identified in Section 396 for deciding compensation under the applicable victim compensation scheme. Their role includes conducting the necessary enquiry, determining adequate compensation and, where justified, arranging immediate relief such as first-aid or medical assistance.
When can the trial court recommend compensation?
A trial court may recommend compensation when it finds that compensation under Section 395 BNSS is not adequate for rehabilitation. The section also permits a recommendation even where a case ends in acquittal or discharge, provided the victim requires rehabilitation.
Application where offender is not traced
Section 396(4) addresses cases in which the victim is known but the offender is not traced or identified and no trial takes place. In such circumstances, the victim or the victim's dependents may directly approach the appropriate State or District Legal Services Authority for compensation under the applicable scheme.
Two-month enquiry requirement
Section 396(5) requires the competent Legal Services Authority to complete the enquiry within two months after receiving the court's recommendation or an application under sub-section (4). This time-bound requirement supports prompt rehabilitation rather than postponing assistance until the conclusion of further proceedings.
Immediate medical aid and interim relief
Under Section 396(6), the State or District Legal Services Authority may direct immediate first-aid or free medical benefits where the statutory certification requirement is satisfied. The authority may also grant other interim relief that it considers appropriate to alleviate the victim's suffering.
Relationship with Section 395 BNSS and BNS fines
Section 395 BNSS deals with orders to pay compensation in criminal proceedings. Section 396 supplements that mechanism by providing a State-funded victim compensation scheme for rehabilitation. Further, Section 396(7) expressly provides that compensation under this section is additional to fines payable to victims under specified provisions of the Bharatiya Nyaya Sanhita, 2023.
| Provision | Practical effect |
|---|---|
| Section 396(1) | Requires a State victim compensation scheme. |
| Section 396(2) | DLSA/SLSA determines compensation on a court recommendation. |
| Section 396(3) | Court may recommend compensation where Section 395 compensation is inadequate or where acquittal/discharge still leaves a rehabilitation need. |
| Section 396(4) | Victim or dependents may apply where offender is untraced or unidentified and there is no trial. |
| Section 396(5) | Enquiry should be completed within two months. |
| Section 396(6) | Permits immediate first-aid, free medical benefits and other interim relief. |
| Section 396(7) | State compensation is additional to specified fines payable to victims under the BNS. |
Official legal references
For the authoritative statute and commencement details, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. Legal-services information and access to State and District Legal Services Authorities may also be obtained through the National Legal Services Authority.
Frequently asked questions
Is Section 396 BNSS a punishment provision?
No. It is a procedural and rehabilitative provision dealing with compensation and support for victims and their dependents.
Can compensation be claimed if the accused is not identified?
Yes. Where the offender is not traced or identified, the victim is identified and no trial takes place, Section 396(4) permits the victim or dependents to apply to the State or District Legal Services Authority.
Can compensation be recommended after acquittal or discharge?
Yes. Section 396(3) allows a court to recommend compensation where a case ends in acquittal or discharge and the victim requires rehabilitation.
How long should the compensation enquiry take?
Section 396(5) requires the State or District Legal Services Authority to complete the enquiry within two months of receiving the relevant recommendation or application.