Section 396 BNSS: Victim compensation scheme

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 396 BNSS at a Glance

Section 396 BNSS deals with victim compensation scheme. It replaced Sections 357A and 357B CrPC on 1 July 2024.

Was CrPC

Section 357A, Section 357B →

Section 396 BNSS Bare Act Text

(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.

Source: Section 396, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 396 BNSS in Simple Words

Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Victim compensation scheme. Under Section 396(1) BNSS, every State Government, in co-ordination with the Central Government, shall prepare a scheme for providing funds for compensation to the victim or the victim's dependents. The scheme covers those who have suffered loss or injury as a result of the crime and who require rehabilitation. Section 396(2) BNSS applies whenever the Court makes a recommendation for compensation. The District Legal Service Authority or the State Legal Service Authority, as the case may be, shall then decide the quantum of compensation to be awarded under the scheme. Under Section 396(3) BNSS, the trial Court may make a recommendation for compensation if it is satisfied, at the conclusion of the trial, that compensation awarded under section 395 is not adequate for such rehabilitation.

The trial Court may also do so where the case ends in acquittal or discharge and the victim has to be rehabilitated. Section 396(4) BNSS applies where the offender is not traced or identified, but the victim is identified, and no trial takes place. In that case, the victim or the victim's dependents may apply to the State or the District Legal Services Authority for an award of compensation. Section 396(5) BNSS applies on receipt of such recommendations or of 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. Under Section 396(6) BNSS, the State or the District Legal Services Authority, as the case may be, may order immediate first-aid facility or medical benefits free of cost.

The purpose is to alleviate the suffering of the victim. That order may be made on the certificate of a police officer not below the rank of the officer in charge of the police station, or of a Magistrate of the area concerned. The authority may also order any other interim relief as the appropriate authority deems fit. 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. That fine is payable under section 65, section 70 and section 124(1) of the Bharatiya Nyaya Sanhita, 2023.

When Section 396 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 396 BNSS

  • 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”

Example of Section 396 BNSS

Meera has suffered injury as a result of a crime and requires rehabilitation. The offender is not traced or identified, Meera is identified, and no trial takes place. Under Section 396(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Meera may make an application to the District Legal Services Authority for award of compensation. Under Section 396(5) BNSS, on the application, the Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

When Section 396 BNSS Does Not Apply

  • Section 396 BNSS speaks of a scheme for providing funds for the purpose of compensation to the victim or his dependents. It does not deal with an order to pay compensation, which is the subject of Section 395 BNSS.
  • Section 396 BNSS speaks of compensation to the victim or his dependents. It does not deal with compensation to persons groundlessly arrested, which is the subject of Section 399 BNSS.

Section 396 BNSS in the CrPC (Previous Law)

Section 396 BNSS replaced Sections 357A and 357B CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 396 BNSS

Who prepares the scheme under Section 396 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.

What may the victim or his dependents do under Section 396 BNSS where the offender is not traced or identified?▼

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 under Section 396(4) BNSS. Under Section 396(5) BNSS, on the application, the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

What does Section 396(7) BNSS say about the compensation payable by the State Government?▼

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.

What changed from Section 357A CrPC to Section 396 BNSS from 1 July 2024?▼

From 1 July 2024, Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 357A of the Code of Criminal Procedure, 1973. 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.

Section 396 BNSS: Sub-sections Explained

Section 396(1) BNSS: Victim compensation scheme

▶

Bare Act Text

(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.

Previous Law

CrPC 357A → Section 396(1) BNSS

Section 396(2) BNSS: Victim compensation scheme

▶

Bare Act Text

(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).

Previous Law

CrPC 357A(2) → Section 396(2) BNSS

Section 396(3) BNSS: Victim compensation scheme

▶

Bare Act Text

(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.

Previous Law

CrPC 357A(3) → Section 396(3) BNSS

Section 396(4) BNSS: Victim compensation scheme

▶

Bare Act Text

(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.

Previous Law

CrPC 357A(4) → Section 396(4) BNSS

Section 396(5) BNSS: Victim compensation scheme

▶

Bare Act Text

(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.

Previous Law

CrPC 357A(5) → Section 396(5) BNSS

Section 396(6) BNSS: Victim compensation scheme

▶

Bare Act Text

(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.

Previous Law

CrPC 357A(6) → Section 396(6) BNSS

Section 396(7) BNSS: Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code

▶

Bare Act Text

(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.

Previous Law

CrPC 357B → Section 396(7) BNSS

Section 396(7) BNSS holds the text of Section 357B CrPC as a sub-section of Section 396(7) BNSS, headed Victim compensation scheme, where Section 357B CrPC is a separate section. The words that the compensation payable by the State Government shall be in addition to the payment of fine to the victim are the same in both. Section 396(7) BNSS refers to the compensation payable under Section 396(7) BNSS where Section 357B CrPC referred to the compensation payable under Section 357A 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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·