Section 357A CrPC: Victim compensation scheme

Code of Criminal Procedure, 1973

Section 357A CrPC at a Glance

Section 357A CrPC deals with victim compensation scheme. From 1 July 2024 it is replaced by Section 396 BNSS.

Now BNSS

Section 396 →

What Section 357A CrPC Says

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.

Source: Section 357A, Code of Criminal Procedure, 1973

Section 357A CrPC in Simple Words

Section 357A of the Code of Criminal Procedure, 1973 is headed Victim compensation scheme. Under Section 357A(1) CrPC, 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 357A(2) CrPC 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 357A(3) CrPC, the trial Court may make a recommendation for compensation if it is satisfied, at the conclusion of the trial, that compensation awarded under section 357 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 357A(4) CrPC 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 357A(5) CrPC applies on receipt of such recommendations or of 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. Under Section 357A(6) CrPC, 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.

When Section 357A CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Time Limits Under Section 357A CrPC

  • 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”

Example of Section 357A CrPC

Ramesh has suffered injury as a result of a crime and requires rehabilitation. The offender is not traced or identified, Ramesh is identified, and no trial takes place. Under Section 357A(4) of the Code of Criminal Procedure, 1973, Ramesh may make an application to the District Legal Services Authority for award of compensation. Under Section 357A(5) CrPC, on the application, the Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

When Section 357A CrPC Does Not Apply

  • Section 357A CrPC 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 357 CrPC.
  • Section 357A CrPC 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 358 CrPC.

Section 357A CrPC Under BNSS 396: What Changed

Section 357A CrPC is now covered under Section 396 BNSS.

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.

View detailed comparison (CrPC 357A vs BNSS 396) →

FAQs on Section 357A CrPC

Who prepares the scheme under Section 357A 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.

When may the trial Court make a recommendation for compensation under Section 357A CrPC?▼

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.

What may the victim or his dependents do under Section 357A CrPC 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 357A(4) CrPC. Under Section 357A(5) CrPC, 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.

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. Section 396(3) BNSS refers to Section 395 BNSS where Section 357A(3) CrPC referred to Section 357 CrPC. Section 396(7) BNSS holds the text of Section 357B CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·