Section 397 BNSS: Treatment of victims

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 397 BNSS at a Glance

Section 397 BNSS deals with treatment of victims. It replaced Section 357C CrPC on 1 July 2024.

Was CrPC

Section 357C →

Section 397 BNSS Bare Act Text

397. 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 the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 64, section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the police of such incident.

Source: Section 397, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 397 BNSS in Simple Words

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed 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 the first-aid or medical treatment, free of cost, to the victims of any offence covered under Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS, Section 71 BNS or Section 124(1) BNS, or under Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 or Section 10 of the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the police of such incident.

When Section 397 BNSS Applies

  • The provision speaks of all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person.
  • They shall immediately provide the first-aid or medical treatment, free of cost.
  • The treatment is for the victims of any offence covered under Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS, Section 71 BNS or Section 124(1) BNS.
  • The treatment is also for the victims of any offence covered under Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 or Section 10 of the Protection of Children from Sexual Offences Act, 2012.
  • They shall also immediately inform the police of such incident.

Time Limits Under Section 397 BNSS

  • The hospitals shall immediately provide the first-aid or medical treatment, free of cost.Act text: “shall immediately, provide the first-aid or medical treatment, free of cost”
  • The hospitals shall immediately inform the police of such incident.Act text: “shall immediately inform the police of such incident”

Example of Section 397 BNSS

Meera is the victim of an offence covered under Section 65 BNS and is brought to a private hospital. Under Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the hospital shall immediately provide the first-aid or medical treatment, free of cost, to Meera, and shall immediately inform the police of such incident.

When Section 397 BNSS Does Not Apply

  • Section 397 BNSS speaks of the victims of any offence covered under the sections that it names. It does not deal with the victim of an offence under any other provision.
  • Section 397 BNSS speaks of the duty of a hospital to inform the police of such incident. It does not deal with what the police do after the information is given.

Section 397 BNSS in the CrPC (Previous Law)

Section 397 BNSS replaces Section 357C CrPC from the old criminal code.

Section 397 BNSS has the same heading and the same text as Section 357C CrPC, except that Section 397 BNSS names Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS, Section 71 BNS and Section 124(1) BNS where Section 357C CrPC named Section 326A IPC, Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376B IPC, Section 376C IPC, Section 376D IPC, Section 376DA IPC, Section 376DB IPC and Section 376E IPC, and adds Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 10 of the Protection of Children from Sexual Offences Act, 2012.

View CrPC Section 357C →

FAQs on Section 397 BNSS

Which hospitals does Section 397 BNSS cover?▼

All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person.

What shall a hospital do under Section 397 BNSS?▼

A hospital shall immediately provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under the sections that Section 397 BNSS names, and shall immediately inform the police of such incident.

Which sections does Section 397 BNSS name?▼

Section 397 BNSS names Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS, Section 71 BNS and Section 124(1) BNS, and Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 10 of the Protection of Children from Sexual Offences Act, 2012.

What changed from Section 357C CrPC to Section 397 BNSS from 1 July 2024?▼

From 1 July 2024, Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 357C of the Code of Criminal Procedure, 1973. Section 397 BNSS has the same heading and the same text as Section 357C CrPC, except that Section 397 BNSS names Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS, Section 71 BNS and Section 124(1) BNS where Section 357C CrPC named Section 326A IPC, Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376B IPC, Section 376C IPC, Section 376D IPC, Section 376DA IPC, Section 376DB IPC and Section 376E IPC, and adds Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 10 of the Protection of Children from Sexual Offences Act, 2012.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·