Introduction to Section 397 BNSS
BNSS Section 397 is a powerful provision that focuses on the protection and immediate care of victims of serious offences. It legally mandates that every hospital, whether government or private, must provide free first-aid and medical treatment to victims of certain listed crimes. This section ensures that no victim is denied emergency help, especially in cases like sexual offences or acid attacks. It represents a strong move towards a victim-centered justice system in India.
- Introduction to Section 397 BNSS
- What is BNSS Section 397?
- BNSS Section of 397 in Simple Points
- 397 BNSS Overview
- BNSS Section 397 Short Information
- Why is BNSS Section 397 Needed?
- BNSS Section 397 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 397?
BNSS Section 397 ensures that every victim of serious crimes receives free medical treatment. It applies to all hospitals, whether government or private, across India. Hospitals must treat the victim immediately and inform the police of the incident. This section protects the victim’s right to urgent medical help without delay or payment.
BNSS Section of 397 in Simple Points
1. All Hospitals Must Provide Free Medical Treatment
Section 397 of the Bharatiya Nyaya Sanhita mandates that every hospital—public or private—must provide first-aid and medical care free of cost to victims of certain serious crimes. This rule applies regardless of the hospital’s ownership—be it by the government, a private trust, or a local body. It is a legal obligation, not just a moral duty. Victims must be treated immediately, with no demand for payment. The law aims to prevent delay in treatment that can cost lives. It’s especially relevant in rape, acid attack, or child abuse cases. This ensures that healthcare becomes a legal right for crime victims.
2. Covers Specific Serious Offences Under BNSS and POCSO Act
This section applies to offences listed in Sections 64 to 71 and 124(1) of BNSS, as well as Sections 4, 6, 8, and 10 of the POCSO Act, 2012. These include crimes like acid attack, grievous hurt, rape, child sexual abuse, and other severe acts of violence. These offences often require urgent medical support. Section 397 ensures that victims of such crimes are prioritized in hospitals. It gives clear legal protection to victims, especially women and children, who are often most vulnerable. By mentioning specific sections, it removes confusion about applicability for hospitals and police.
3. Hospitals Must Inform the Police Immediately
Apart from giving treatment, the hospital must also inform the local police immediately about the crime. This allows for quick legal action and early evidence collection. Many victims may be scared or unable to report the crime themselves. Section 397 ensures that the system doesn’t wait for the victim to act—it moves on its own. Informing the police also helps in registering a case, arresting the accused, and starting investigation. This step helps build a stronger and faster justice system. It also stops hospitals from hiding or ignoring such cases.
4. Removes Barriers to Emergency Healthcare for Victims
Before this provision, many victims were denied treatment or asked for payment first, especially in private hospitals. Section 397 makes it illegal to refuse help or delay care to any victim of the listed offences. It breaks the barriers of money, documentation, or hospital ownership. Victims, especially from poor backgrounds, get equal and immediate treatment. The law treats life and dignity as more important than rules or fees. This is a significant change toward a more humane and inclusive legal system. It ensures no one is left behind due to lack of money or power.
5. Supports Quick Recovery and Stronger Legal Cases
Medical treatment is not just about saving the victim—it also helps in building a strong legal case. Quick treatment helps preserve evidence like injuries, DNA, and medical findings, which are critical in rape or assault cases. Section 397 ensures that these steps happen without delay, which increases the chance of convicting the guilty. It also offers mental and emotional relief to the victim, knowing that the system supports them. This makes the entire justice process victim-focused and efficient. It protects rights, health, and the chances of legal justice—all in one provision.
397 BNSS Overview
Section 397 of the Bharatiya Nyaya Sanhita, 2023, ensures that victims of specified offences receive free medical treatment without any delay. All hospitals, regardless of who runs them, must offer care immediately and also inform the police about the incident. This law applies to victims of crimes under Sections 64 to 71 and Section 124(1) of BNSS, and certain sections of the POCSO Act, 2012. The aim is to reduce suffering, protect lives, and ensure timely police involvement.
BNSS Section 397: Treatment of Victims – 10 Key Points Explained
1. Free Medical Treatment Is a Legal Right for Victims
BNSS Section 397 clearly states that every hospital, whether public or private, must provide free first-aid and medical care to victims of certain serious crimes. This right is not optional, but a legal duty. Victims should never be denied help due to money or administrative delays. This includes hospitals run by the Central Government, State Government, local bodies, or private management. The law ensures that human life and dignity come first, especially after violent crimes. Free medical care can save lives in critical moments. Section 397 transforms victim support from a moral responsibility into a binding legal obligation.
2. Applies to Both Public and Private Hospitals Equally
One of the strongest features of BNSS Section 397 is that it treats all hospitals equally. Whether it’s a government hospital or a private one, the obligation remains the same. No hospital can refuse or delay medical treatment for financial or administrative reasons. This prevents the practice of private hospitals asking for advance payment before admitting the victim. It creates a uniform medical emergency protocol for serious criminal cases. This move makes the healthcare system more humane and accessible in the eyes of the law. Every hospital must now act immediately and without conditions.
3. Mandatory for Hospitals to Report to Police
Besides offering free treatment, every hospital is also required to inform the nearest police station immediately about the case. This is important for starting a legal investigation without delay. It ensures that the criminal act is recorded, evidence is preserved, and the accused can be caught quickly. Many crimes go unreported due to victim fear or lack of support. This provision ensures that police action begins as soon as the victim enters the hospital. It connects medical care and criminal justice in a single process. This step also helps in faster legal protection for the victim.
4. Covers Victims of Heinous and Sensitive Crimes
BNSS Section 397 is focused on victims of serious crimes mentioned in Sections 64 to 71 and Section 124(1) of the Bharatiya Nyaya Sanhita, 2023. These include rape, acid attacks, sexual assault, and grievous hurt. It also includes sections from the POCSO Act, such as Section 4, 6, 8, and 10, which deal with sexual offences against children. These crimes have long-lasting physical and emotional impact on the victim. That is why this law ensures fast and free medical treatment without delay or discrimination. It puts victim protection at the core of criminal justice.
5. Helps Save Lives and Reduce Trauma Quickly
Many times, victims of assault or sexual violence reach hospitals in critical condition. Delaying treatment for paperwork, FIR, or payment can cause death or permanent damage. BNSS Section 397 eliminates these barriers and makes immediate care mandatory. This quick response reduces trauma and increases the chances of recovery. The law sends a clear message: healthcare comes before procedure. It aims to reduce the physical and emotional suffering of victims at the earliest. Early medical support can also help in collecting legal evidence, which is important for conviction of the accused.
6. Legal Protection for Victims Against Medical Neglect
With Section 397 in force, victims are legally protected against refusal or negligence by hospitals. If a hospital fails to treat a victim of listed offences, it may face legal consequences. This gives power to victims and their families to demand their rights. Earlier, poor or vulnerable people were often denied medical support due to cost. Now, hospitals are bound by law to act, and victims have the right to file complaints in case of denial. It brings accountability into the healthcare system in criminal cases.
7. Reduces Delays in Legal Investigation
Once hospitals are required to notify police immediately, it reduces the waiting period between medical treatment and legal action. Police can reach the victim early, collect evidence, record statements, and begin their investigation without losing time. In crimes like rape or acid attack, time is critical for both treatment and legal proof. This legal link between hospital and police improves coordination and helps the justice system work faster. Section 397 creates a chain of action – medical aid, police reporting, investigation – all in real-time.
8. Reinforces Victim-Centric Justice in India
Section 397 is part of a broader shift toward victim-centric justice in India. It recognizes that the victim’s life, dignity, and recovery must be top priority. Earlier laws were mainly focused on punishing the criminal, but BNSS now adds a healing and support-based approach. This section ensures that the law not only chases the offender but also protects and uplifts the victim. It supports the idea that justice is not complete unless the victim is medically safe, emotionally supported, and legally protected.
9. Improves Public Trust in Police and Hospitals
When people see that hospitals treat victims immediately and police respond quickly, it builds trust in public institutions. Victims and families feel supported instead of helpless. This increases reporting of crimes, especially sexual offences where fear and shame often prevent people from going to the police. When victims know that free help is available without questions, they are more likely to come forward. BNSS Section 397 builds confidence in the justice and health systems working together.
10. Aligns with Constitutional Values and Human Rights
The Constitution of India guarantees the right to life and dignity under Article 21. BNSS Section 397 supports this right by ensuring life-saving treatment and legal action without delay or discrimination. It also respects international principles of human rights and victim protection, especially in cases of violence against women and children. By turning these values into a clear legal duty, Section 397 strengthens the legal framework. It promotes a humane, responsive, and inclusive justice system for all.
Example 1:
An acid attack victim is brought to a nearby private hospital. Under BNSS Section 397, the hospital cannot deny treatment or ask for fees. The hospital treats the victim immediately and informs the police. The case moves forward without delay.
Example 2:
A 12-year-old girl is sexually assaulted. Her family rushes her to a local government hospital. The hospital offers medical care free of cost and notifies the police as per Section 397. A POCSO case is registered immediately.
BNSS Section 397 Short Information
| Key Point | Description |
|---|---|
| Free Treatment | Hospitals must provide free first-aid and medical care to victims of serious crimes without asking for payment or delay. |
| Covers All Hospitals | Both government and private hospitals are equally responsible for giving free and immediate treatment to crime victims. |
| Mandatory Police Reporting | Hospitals must inform the nearest police station as soon as a victim of such crime is brought for treatment. |
| Applies to Heinous Crimes | The law applies to victims of serious offences under Sections 64–71 and 124(1) of BNSS and certain sections of the POCSO Act, 2012. |
| Immediate and Equal Care | No victim should be refused treatment because of money, identity, or paperwork. Medical care must start immediately. |
Why is BNSS Section 397 Needed?
BNSS Section 397 is needed because many victims of serious crimes face delay or denial of medical treatment, especially in private hospitals. Earlier, victims had to pay money or file an FIR before getting care. This led to loss of lives, loss of crucial medical evidence, and further trauma. Section 397 removes these barriers and gives victims the legal right to free, immediate, and unconditional treatment. It also ensures police are informed instantly, so justice starts without delay. The section is a bold step towards protecting vulnerable victims, especially women and children, by placing their health and safety above all else.
BNSS Section 397 FAQs
BNSS 397
Conclusion
BNSS Section 397 is a powerful and humane provision that puts victims’ lives and dignity first. It makes it a legal duty for every hospital—public or private—to provide free and immediate medical treatment to victims of serious crimes such as sexual assault, acid attacks, or other grievous offences. It also ensures that hospitals quickly inform the police, allowing investigation and protection to begin without delay.
This section reflects India’s growing focus on victim-centric justice, ensuring no one suffers further just because they cannot pay for treatment or access help in time. It connects healthcare and law enforcement for faster, fairer, and more compassionate justice.
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