How to Claim Victim Compensation Under BNSS 2023: Eligibility, Process and Application

Section 396 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced Section 357A of the Code of Criminal Procedure, 1973, mandates every State Government to establish a scheme for compensating victims of crime who have suffered loss or injury and require rehabilitation. The provision, effective from July 1, 2024, covers cases where the court recommends compensation, where the offender is not traced or identified, and where a trial results in acquittal or discharge but the victim still requires rehabilitation. This guide explains eligibility, the application process, the role of legal services authorities, and the types of compensation available.

Section 396 BNSS: The Legal Framework

Section 396(1) requires every State Government, in coordination with the Central Government, to prepare a scheme for providing funds for compensation to victims or their dependents. Section 396(2) provides that whenever a court makes a recommendation for compensation, the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) shall decide the quantum of compensation under the scheme. Section 396(3) empowers the trial court to recommend compensation where the amount awarded under Section 395 (fine and compensation) is inadequate for rehabilitation, or where the case ends in acquittal or discharge and the victim requires rehabilitation.

Section 396(4) addresses situations where the offender is not traced or identified but the victim is identified, and where no trial takes place. In such cases, the victim or dependents may directly apply to the SLSA or DLSA for compensation. Section 396(5) requires the SLSA or DLSA to complete its enquiry and award adequate compensation within two months of receiving the recommendation or application.

For the broader BNSS framework on criminal procedure: BNSS 2023: The New Criminal Procedure Code and What It Changes.

Who Can Apply for Victim Compensation

The victim (the person who suffered loss or injury due to the crime) may apply directly. In cases where the victim is deceased or incapacitated, the application may be filed by the victim's dependents, which includes the husband, father, mother, grandparents, unmarried daughter, and minor children. Legal heirs of the victim are also eligible. Additionally, the Station House Officer (SHO) of the area can file on behalf of the victim. The application can be filed even when the offender has not been traced or identified.

NALSA Victim Compensation Scheme 2018

The National Legal Services Authority (NALSA) Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, approved by the Supreme Court on September 5, 2018, sets minimum compensation amounts that states and Union Territories must pay. The schedule includes: gang rape (Rs 5 lakh to Rs 10 lakh), rape and unnatural sexual assault (Rs 4 lakh to Rs 7 lakh), acid attack causing disfigurement of the face (Rs 7 lakh to Rs 8 lakh), and acid attack causing injury exceeding 50 per cent (Rs 5 lakh to Rs 8 lakh). For child victims under 14 years, the compensation is increased by 50 per cent over the scheduled amount.

For acid attack victims specifically, the scheme provides for interim relief of Rs 1 lakh within 15 days and a further Rs 2 lakh within two months. Section 396(6) of the BNSS empowers the SLSA or DLSA to order immediate first-aid facilities or medical benefits free of cost on a certificate of a police officer (not below the rank of officer in charge of the police station) or a Magistrate, or any other interim relief.

Section 396(7) clarifies that compensation under this section is in addition to fines under Section 65 BNS, Section 70 BNS (gang rape), and Section 124(1) BNS (acid attacks).

Application Process and Required Documents

Step 1: File an application with the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA). The application can be filed either based on a court recommendation or directly by the victim or dependents. Step 2: Submit supporting documents: a copy of the FIR, the medical report, a death certificate (if the victim is deceased), a copy of the court judgment or recommendation (if applicable), and identity documents of the applicant.

Step 3: The DLSA/SLSA conducts a due enquiry, verifying the claim, the nature of the crime, and the extent of loss or injury. Step 4: The authority awards compensation within two months of receiving the application or recommendation, as mandated by Section 396(5). Step 5: Compensation is disbursed from the state's Victim Compensation Fund, which is funded through contributions from the Central Government and the state government.

For filing a police complaint as the first step in the process: How to File a Police Complaint Online in India: Step-by-Step Process.

Eligibility Conditions

The general eligibility conditions for victim compensation include: the crime must have caused substantial loss to the family's income or the victim must require rehabilitation; the crime must have been reported to the police or a Magistrate promptly; and the victim or their family must have cooperated with the police and prosecution during the investigation and trial. Non-cooperation with the investigation can be a ground for reducing or denying compensation.

For legal aid and dispute resolution mechanisms: Lok Adalats in India: How They Work, What Cases They Resolve, and the 2026 National Milestone.

Related Reading

Bharatiya Nyaya Sanhita 2023: Key Changes from IPC Every Citizen Must Know

Supreme Court Legal Aid Appeals SOP 2026: Binding Timelines and Digital Monitoring

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified advocate.