Victim Rights and Victim Compensation Under the BNSS

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a victim is no longer just a witness for the State. The Sanhita gives the victim a right to a free copy of the recorded information, to be told about the investigation within 90 days, to be heard before the prosecution is withdrawn, to appeal against an acquittal or inadequate compensation, and to claim compensation from the court under Section 395 or from the State under the Victim Compensation Scheme in Section 396.

This explainer is for B.A. LL.B. and LL.B. students preparing for criminal procedure papers, and for families who have suddenly found themselves on the receiving end of a crime. Picture a daily wage worker in Nagercoil injured in an assault whose attacker is never identified. The question for him is simple: does the law help me even if nobody is convicted? Under Section 396, it can.

Who is a "victim" under the BNSS?

Section 2(1)(y) defines a victim as a person who has suffered any loss or injury caused by reason of the act or omission of the accused person, and it includes the guardian or legal heir of such victim. (The old pointer is Section 2(wa) of the CrPC.)

Two points matter in an exam answer. First, the definition turns on loss or injury, not on whether the accused is finally convicted. Second, it reaches legal heirs, so the family of a person killed in a crime can step into the victim's shoes.

What participation rights does a victim have during the case?

The BNSS spreads victim rights across several chapters. Learn them by stage.

1. Copy of the information: Section 173(2) says the information recorded about a cognizable offence shall be given forthwith, free of cost, to the informant or the victim.
2. Progress of investigation: Section 193(3)(ii) requires the police officer to inform the informant or the victim of the progress of the investigation within 90 days, by any means including electronic communication.
3. Copies of the police report: Section 230 requires the Magistrate to supply the police report, the recorded information and the statements to the accused, and also to the victim if the victim is represented by an advocate, within fourteen days and free of charge.
4. Own advocate: The proviso to Section 18(8) lets the court permit the victim to engage an advocate of his choice to assist the prosecution. The advocate assists; he does not take over the prosecution.
5. Hearing before withdrawal: The proviso to Section 360 says no court shall allow withdrawal from prosecution without giving the victim an opportunity of being heard. The old Section 321 CrPC had no such safeguard.
6. Appeal: The proviso to Section 413 gives the victim a right to appeal against an order acquitting the accused, convicting him for a lesser offence, or imposing inadequate compensation. The appeal lies to the court that ordinarily hears appeals against convictions by that court. (Pointer: proviso to Section 372 CrPC.)

How does compensation from the accused work under Section 395?

Section 395 (old Section 357 CrPC) is about money from the offender. When a court imposes a fine, it may direct that all or part of the fine be used for the costs of prosecution, for compensation to a person who suffered loss or injury, for dependants entitled under the Fatal Accidents Act, 1855 in death cases, or for a bona fide purchaser in property offences. Where the sentence carries no fine, Section 395(3) lets the court order the accused to pay compensation directly. Appellate and revisional courts have the same power, and a later civil court must take any amount already paid into account.

The limit is obvious. If the accused is poor, absconding or acquitted, Section 395 gives the victim very little. That gap is what Section 396 fills.

How does the Victim Compensation Scheme under Section 396 work?

Section 396 (old Section 357A CrPC) places the duty on the State. Its working parts are these:

• Every State Government, in coordination with the Central Government, must prepare a scheme to fund compensation for victims or their dependants who need rehabilitation.
• The trial court may recommend compensation where the amount under Section 395 is inadequate, or where the case ends in acquittal or discharge and the victim still needs rehabilitation.
• Where the offender is not traced or identified but the victim is identified and no trial takes place, the victim or dependants may apply directly to the State or District Legal Services Authority.
• The Authority must hold an enquiry and complete it within two months.
• For immediate relief, the Authority may order free first aid, medical benefits or other interim relief on a certificate from a police officer not below the rank of officer in charge of the police station, or a Magistrate of the area.
• State compensation is in addition to fines paid to the victim under Sections 65, 70 and 124(1) of the Bharatiya Nyaya Sanhita.

Section 397 adds a related duty: every hospital, public or private, must give immediate free first aid or medical treatment to victims of the offences it lists and inform the police. Section 398 requires every State to notify a Witness Protection Scheme.

What did the Supreme Court say in Nipun Saxena?

In Nipun Saxena v. Union of India (W.P.(C) No. 565 of 2012), the Supreme Court by order dated 11 May 2018 accepted the scheme prepared by the National Legal Services Authority (NALSA) for women victims and survivors of sexual assault and other crimes. The Court said all States and Union Territories should implement it, that it sets minimum requirements, and that States may add to it but nothing should be taken away. By a further order dated 5 September 2018, the Court directed that the scheme serve as a guideline for Special Courts awarding compensation to child victims under the POCSO Act until the Central Government finalised its rules, and said the scheme would be operational from 2 October 2018.

The amended NALSA scheme, published on the NALSA website, fixes figures that students often get asked about. Its Schedule provides Rs 4 lakh to Rs 7 lakh for rape, and for acid attack between Rs 3 lakh and Rs 8 lakh depending on the injury. Clause 12 provides immediate interim relief, and Clause 16 bars claims after three years from the offence or the end of the trial, with power to condone delay in deserving cases.

For other crimes, compensation in Tamil Nadu is paid under the State's own victim compensation scheme. Amounts and procedure are set by State notification and are revised from time to time, so check the current figures with the District Legal Services Authority before quoting them.

How do you apply in practice?

1. Keep a copy of the FIR (free under Section 173(2)), the medical records and, if the trial is over, the judgment.
2. Approach the District Legal Services Authority at the district court.
3. File the application with the Authority in person, or use the online application link on the NALSA Victim Compensation page. The NALSA helpline, 15100, can guide you on which office to approach.
4. Ask specifically for interim relief if medical costs are immediate.

Students who want hands-on exposure can see such applications being prepared at the college legal aid clinic.

How should you write this in an exam?

• Open with the definition in Section 2(1)(y) and say the BNSS treats the victim as a participant.
• List the rights stage by stage: Sections 173(2), 193(3)(ii), 230, 18(8) proviso, 360 proviso and 413 proviso.
• Distinguish Section 395 (offender pays, needs a conviction) from Section 396 (State pays, available even on acquittal or where the offender is untraced).
• Cite Nipun Saxena for the NALSA scheme as a minimum standard, and give old CrPC sections only as pointers.

Sources

• BNSS Section 396 (AdvocateKhoj bare act): text of the Victim Compensation Scheme provision.
• BNSS Section 413 (AdvocateKhoj bare act): the victim's right of appeal.
• NALSA, Victim Compensation: official page with the scheme, Supreme Court orders and the online application link.
• NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018 (amended): scheme text and schedule of amounts.
• Supreme Court order in Nipun Saxena v. Union of India, 11 May 2018: direction to States to implement the NALSA scheme.
• Supreme Court order in Nipun Saxena v. Union of India, 5 September 2018: application to child victims and operational date.