CrPC 357A→BNSS 396

CrPC 357A to BNSS 396: Victim compensation scheme

Section 357A CrPC (1973) replaced by Section 396 BNSS (2023)

View CrPC Section 357A →View BNSS Section 396 →

CrPC 357A to BNSS 396 at a Glance

Section 357A CrPC (Victim compensation scheme) is now Section 396 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 357A to BNSS 396?

Section 396(1) BNSS to Section 396(6) BNSS have the same heading and the same text as Section 357A(1) CrPC to Section 357A(6) CrPC, except that Section 396(3) BNSS refers to Section 395 BNSS where Section 357A(3) CrPC referred to Section 357 CrPC. Section 396(7) BNSS has no counterpart in Section 357A CrPC. It holds the text of Section 357B CrPC, and names Section 65 BNS, Section 70 BNS and Section 124(1) BNS where Section 357B CrPC named Section 326A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC and Section 376DB IPC.

CrPC 357A vs BNSS 396: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section357A396
HeadingVictim compensation schemeSame
Sub-sections6 sub-sections7 sub-sections
Cross-referencess.357s.395

CrPC 357A and BNSS 396: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 357A, CrPC 1973

357A. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
BNSS 2023 (in force)

Section 396, BNSS 2023

396. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. (7) 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.

When It Applies: CrPC 357A vs BNSS 396

Under CrPC 357A
  1. Under Section 357A(1) CrPC, every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
  2. Under Section 357A(2) CrPC, whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme.
  3. Under Section 357A(3) CrPC, the trial Court, at the conclusion of the trial, may make recommendation for compensation if it is satisfied that the compensation awarded under Section 357 CrPC is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated.
  4. Under Section 357A(4) CrPC, where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
  5. Under Section 357A(5) CrPC, on receipt of such recommendations or on the application under Section 357A(4) CrPC, the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.
  6. Under Section 357A(6) CrPC, the State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
Under BNSS 396
  1. Under Section 396(1) BNSS, every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
  2. Under Section 396(2) BNSS, whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme.
  3. Under Section 396(3) BNSS, the trial Court, at the conclusion of the trial, may make recommendation for compensation if it is satisfied that the compensation awarded under Section 395 BNSS is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated.
  4. Under Section 396(4) BNSS, where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
  5. Under Section 396(5) BNSS, on receipt of such recommendations or on the application under Section 396(4) BNSS, the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.
  6. Under Section 396(6) BNSS, the State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
  7. Under Section 396(7) BNSS, the compensation payable by the State Government under Section 396 BNSS shall be in addition to the payment of fine to the victim under Section 65 BNS, Section 70 BNS and Section 124(1) BNS.

Time Limits: CrPC 357A to BNSS 396

Under CrPC 357A
  • Under Section 357A(5) CrPC, the State or the District Legal Services Authority shall award adequate compensation by completing the enquiry within two months.Act text: “shall, after due enquiry award adequate compensation by completing the enquiry within two months”
Under BNSS 396
  • Under Section 396(5) BNSS, the State or the District Legal Services Authority shall award adequate compensation by completing the enquiry within two months.Act text: “shall, after due enquiry award adequate compensation by completing the enquiry within two months”

What CrPC 357A to BNSS 396 Means in Practice

Section 396(1) BNSS to Section 396(6) BNSS hold the text of Section 357A CrPC, and Section 396(7) BNSS holds the text of Section 357B CrPC, which was a separate section. Section 396(7) BNSS reads that the compensation payable by the State Government under Section 396 BNSS shall be in addition to the payment of fine to the victim under Section 65 BNS, Section 70 BNS and Section 124(1) BNS.

FAQs: CrPC 357A to BNSS 396

Where is Section 357A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 357A(1) CrPC is found in Section 396(1) BNSS, Section 357A(2) CrPC in Section 396(2) BNSS, Section 357A(3) CrPC in Section 396(3) BNSS, Section 357A(4) CrPC in Section 396(4) BNSS, Section 357A(5) CrPC in Section 396(5) BNSS and Section 357A(6) CrPC in Section 396(6) BNSS.

Where is Section 357B CrPC found in the BNSS from 1 July 2024?▼

Section 357B CrPC has no sub-sections, and is found in Section 396(7) BNSS. Section 396(7) BNSS names Section 65 BNS, Section 70 BNS and Section 124(1) BNS where Section 357B CrPC named Section 326A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC and Section 376DB IPC.

Does Section 396(3) BNSS refer to a different section from Section 357A(3) CrPC?▼

Yes. Section 396(3) BNSS refers to Section 395 BNSS where Section 357A(3) CrPC referred to Section 357 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·