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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXIX: The Judgment

Section 396 BNSS: Victim compensation scheme

Corresponding CrPC
Section 357A CrPC

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 (45 of 2023).

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Each State Government, in co-ordination with the Central Government, must prepare a scheme to provide funds to compensate victims or their dependants who have suffered loss or injury from a crime and need rehabilitation. Where a Court recommends compensation, the District Legal Services Authority or State Legal Services Authority decides its quantum under the scheme.

Chapter XXIX: The Judgment

  1. 392 Judgment
  2. 393 Language and contents of judgment
  3. 394 Order for notifying address of previously convicted offender
  4. 395 Order to pay compensation
  5. 396 Victim compensation scheme
  6. 397 Treatment of victims
  7. 398 Witness protection scheme
  8. 399 Compensation to persons groundlessly arrested
  9. 400 Order to pay costs in non-cognizable cases
  10. 401 Order to release on probation of good conduct or after admonition
  11. 402 Special reasons to be recorded in certain cases
  12. 403 Court not to alter judgment
  13. 404 Copy of judgment to be given to accused and other persons
  14. 405 Judgment when to be translated
  15. 406 Court of Session to send copy of finding and sentence to District Magistrate