Introduction to Section 396 BNSS
Section 396 BNSS is about helping victims of crime by giving them financial support or compensation. It ensures that victims or their families get money to recover from loss or injury, even if the criminal is not found or punished. This section shows that the law now focuses not just on punishing offenders, but also on supporting victims.
What is BNSS Section 396?
Section 396 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is about helping victims of crime by giving them financial support or compensation. It ensures that victims or their families get money to recover from loss or injury, even if the criminal is not found or punished. This section shows that the law now focuses not just on punishing offenders, but also on supporting victims.
BNSS Section of 396 in Simple Points
1.Every State Must Create a Victim Compensation Scheme
Section 396 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) makes it compulsory for every State Government to create a Victim Compensation Scheme in coordination with the Central Government. This means that if someone suffers loss, injury, or trauma because of a crime, they can get financial help from the government. The scheme ensures that victims or their families get money for treatment, education, or to recover from the crime’s impact. This system helps people rebuild their lives and ensures that justice also includes care for the victims, not just punishment for the criminal.
2. Courts Can Recommend Extra Compensation
Sometimes, the court may feel that the victim did not receive enough help or compensation under Section 395, which deals with using fines for victim relief. In such cases, Section 396 allows the court to recommend that the victim should receive additional compensation from the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA). This makes sure that victims get proper financial support based on their needs. It also shows that the justice system cares about the real impact of crime on people’s lives, not just the legal outcome.
3. Victims Can Receive Help Even If the Criminal Is Not Found
A very important part of Section 396 is that the victim can still get compensation even if the criminal has not been caught, identified, or punished. The law recognizes that the victim’s suffering is real, whether or not the offender is found. Therefore, the victim or their family can apply directly to the Legal Services Authority for help. This is especially helpful in cases like hit-and-run accidents, acid attacks, or sexual violence, where the offender might not be identified. It ensures that every victim gets relief and that justice is not delayed because of the slow criminal process.
4. Legal Authorities Must Decide Quickly
Once an application for compensation is received or a court recommends it, the Legal Services Authority must act quickly. They will look at the nature of the crime, the harm caused, the victim’s financial condition, and other important details. The authority is expected to decide the compensation amount within two months, ensuring that help reaches victims without long delays. In emergency cases, they can also provide immediate interim relief for urgent needs like medical treatment or living expenses. This rule makes the process fast, fair, and practical — focusing on helping victims when they need it most.
5. Compensation Is for Rehabilitation and Is Extra
The money given under Section 396 is additional compensation, separate from any fine or damages awarded by the court. This ensures that victims receive enough support to rebuild their lives fully. The goal is not only to cover financial losses but also to help victims recover physically, mentally, and socially. This money can be used for things like education, healthcare, or restoring livelihood. It shows that the justice system values rehabilitation and recovery, not just punishment. This approach makes criminal justice more humane and victim-friendly in modern India.
396 BNSS Overview
BNSS Section 396 ensures that victims of crimes or their families receive financial help from the government through a Victim Compensation Scheme. It allows courts or legal authorities to give compensation even if the criminal is not caught, helping victims recover faster.
BNSS Section 396 – Victim Compensation Scheme
1. What BNSS Section 396 Means
BNSS Section 396 is a law made to help people who suffer because of a crime. It says that victims or their families can get financial help from the government. Many times, after a crime, the victim loses money, health, or even a loved one. This section makes sure such people get support to rebuild their lives. It shows that the justice system is not only for punishing criminals but also for helping victims.
2. State Governments Must Make a Victim Compensation Scheme
Every State Government must create a special plan called the Victim Compensation Scheme. This plan decides how victims or their families will get money for their loss or injury. It can be used for medical treatment, education, or other needs caused by the crime. The State and Central Governments work together to make sure the system runs properly. This ensures that victims everywhere can get help when they need it.
3. Who Can Get Help
Anyone who has been hurt, injured, or lost something valuable in a crime can get help under this law. The family members of someone who has died because of a crime can also receive compensation. This includes victims of serious crimes like murder, rape, acid attacks, robbery, or hit-and-run cases. The purpose is to give justice and support to people who are suffering due to someone else’s wrongdoing.
4. Court Can Recommend Compensation
If the court feels that the victim did not get enough help from the punishment or fine given to the criminal, it can recommend extra compensation under this section. The court will send the recommendation to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA). These authorities will decide how much money should be given to the victim. This helps victims get fair treatment even after the trial is over.
5. Help Even If the Criminal Is Not Caught
Sometimes, the police cannot find or arrest the criminal. But even in such cases, Section 396 allows the victim or their family to get compensation. The victim can apply directly to the Legal Services Authority with proof of the crime and the harm caused. This means justice does not stop just because the criminal is missing. The law makes sure that innocent victims do not suffer more due to delays in investigation.
6. Quick Decision and Emergency Relief
When a victim applies for compensation, the Legal Services Authority must decide quickly. They have to look at the facts of the case and make a decision within two months. If the situation is urgent, they can also give immediate money help to the victim. This quick action helps victims take care of urgent needs like hospital bills or food. The goal is to make sure victims get timely support without waiting for long legal processes.
7. Compensation Even Without a Fine
Sometimes, the court does not impose any fine on the criminal. But under Section 396, the court can still order that the victim be given compensation from the government. This ensures that victims always get help, even if the criminal cannot pay. It also shows that the justice system cares more about helping victims than just collecting fines. It gives victims hope and relief even when they cannot expect money from the offender.
8. Higher Courts Can Also Give Compensation
If a higher court, such as the Sessions Court or High Court, feels that the victim deserves compensation, it can also pass an order for payment under this section. This is possible even if the trial court did not give any such order earlier. It ensures that victims can get help at any level of the legal process. This keeps the justice system fair, flexible, and caring toward victims.
9. Civil Court Must Consider Paid Compensation
If the victim later files a case in a civil court to ask for more money or damages, the civil court must check how much has already been paid under this section. The victim cannot receive double payment for the same injury or loss. This rule ensures fairness for both sides and avoids confusion. It helps courts maintain proper coordination between criminal and civil cases.
10. Why Section 396 Is Important
BNSS Section 396 is a very important step toward making India’s justice system more victim-friendly. It shows that the law not only punishes criminals but also supports the people who suffer because of crimes. By giving victims or their families financial help and emotional relief, this law brings compassion into the justice system. It helps victims recover and move forward with dignity.
BNSS Section 396 Short Information
| Key Point | Description |
|---|---|
| Victim Compensation Scheme | Every State Government must create a Victim Compensation Scheme with the Central Government to support people affected by crime. |
| Court Recommendation | If the court feels the victim didn’t get enough help, it can recommend extra compensation through the Legal Services Authority. |
| Help Without Conviction | Victims can get compensation even if the criminal is not found, identified, or punished. They can apply directly for relief. |
| Quick Relief & Decision | The Legal Services Authority must decide on the compensation within two months and can also give immediate emergency help. |
| Rehabilitation Support | Compensation is for the victim’s recovery and rehabilitation, not just punishment. It helps victims rebuild their lives with dignity. |
BNSS Section 396 FAQs
Conclusion
BNSS Section 396 gives victims hope and help. It makes sure that those who suffer losses in crimes are not left helpless. Even if no one is punished, the government can support the victim financially. This makes justice more human, fair, and caring.
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