What Does Victim Compensation Mean?
Victim compensation is financial relief intended to assist a victim or their dependants in dealing with the consequences of a crime and their rehabilitation. It is distinct from punishment imposed on the offender.
Under Section 2(1)(y) of the BNSS, a victim broadly means a person who has suffered loss or injury because of the act or omission of the accused and includes the victim’s guardian or legal heir.
Legal Framework for Victim Compensation in India
Several provisions operate together:
| Provision | What it provides |
|---|---|
| Section 395, BNSS | Court’s power to order payment of compensation |
| Section 396, BNSS | State-funded victim compensation scheme |
| Section 397, BNSS | Free immediate treatment for victims of specified offences |
| POCSO Rules, 2020, Rule 9 | Interim and final compensation for child victims |
| NALSA 2018 Scheme | Compensation framework for women victims/survivors of sexual assault and other crimes |
Section 395: Compensation Ordered by the Court
Section 395 allows a criminal court, in specified circumstances, to direct that compensation be paid to a person who suffered loss or injury because of the offence. Where a sentence does not include a fine, the court may still order the accused to pay compensation. Such an order can also be made by an appellate court or by the High Court or Court of Session in revision.
Section 396: Victim Compensation Scheme
Section 396 is the central provision governing victim compensation in India. It requires every State Government, in coordination with the Central Government, to establish a scheme providing funds to victims or their dependants who suffered loss or injury because of crime and require rehabilitation.
Where a court recommends compensation, the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) determines the amount payable under the applicable scheme.
Importantly, compensation is not restricted to cases resulting in conviction. A trial court may recommend compensation where the case ends in acquittal or discharge but the victim still requires rehabilitation.
Even where the offender cannot be traced or identified and no trial takes place, the victim or dependants may apply directly to the DLSA or SLSA.
Who Can Apply?
Depending upon the applicable State scheme and circumstances, compensation may be available to:
- a person who suffered loss or injury because of a crime;
- the victim’s dependant or legal heir;
- a victim requiring rehabilitation after acquittal or discharge; and
- a victim where the offender remains unidentified or untraced.
Special compensation frameworks also exist for certain categories, particularly women survivors of sexual assault and child victims.
Interim Relief and Medical Assistance
Victims need not always wait until the final compensation determination. Section 396(6) empowers the SLSA or DLSA to arrange immediate first aid, free medical benefits or other appropriate interim relief in qualifying circumstances.
Additionally, Section 397 BNSS requires all public and private hospitals to provide immediate first aid or medical treatment free of cost to victims of specified sexual offences, acid-related offences and specified offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Hospitals must also immediately inform the police.
Compensation for Child Victims
The POCSO Act, 2012 protects children below 18 years from sexual offences. Rule 9 of the POCSO Rules, 2020 permits the Special Court, either on its own or upon an application, to award interim compensation after registration of the FIR to meet the child’s relief or rehabilitation needs.
The interim amount is adjusted against final compensation, if subsequently awarded.
Frequently Asked Questions
No. Section 396 allows compensation even where proceedings end in acquittal or discharge if rehabilitation is required.
An identified victim or their dependants may apply to the SLSA or DLSA even where the offender is not traced and no trial occurs.
Depending on the applicable scheme and circumstances, applications are generally dealt with by the District Legal Services Authority or State Legal Services Authority.
Under Section 396(5) BNSS, the compensation inquiry must be completed within two months.
Yes. Section 396 permits interim relief, including immediate first aid or medical benefits, in appropriate circumstances.
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