Introduction to Section 396 BNSS
Section 396 BNSS introduces a victim compensation scheme to support people who suffer loss, injury, or trauma due to criminal offences. It focuses on helping victims recover by providing financial support through State and District Legal Services Authorities. This section brings a victim-centric approach into India’s legal system, recognizing that justice includes not just punishing the guilty but also rehabilitating the victims. It is a powerful legal step toward ensuring fairness, dignity, and relief for those harmed by crimes.
What is BNSS Section 396?
BNSS Section 396 is about giving financial help to victims of crime. It asks every state to create a victim compensation scheme for those who need support. Even if the accused is not caught or the case ends in acquittal, victims can still get help. This law ensures that victims are not forgotten and get proper aid for recovery and rehabilitation.
BNSS Section of 396 in Simple Points
1. State Must Create a Victim Compensation Scheme
Section 396 says that every State Government, along with the Central Government, must make a scheme to help victims financially. This scheme will offer support to people who are injured, lose someone, or suffer due to crime. It aims to help them recover and move forward in life. The compensation is for medical help, rehabilitation, or daily survival. This is a major step to make the justice system more human and supportive. Earlier, victims had to wait long or depend on courts only. Now, the state must take active responsibility to support victims quickly and directly.
2. Court Can Recommend Compensation in Different Situations
If a court finds that a victim deserves more help than what is given under Section 2395, or if the case ends in acquittal or discharge, the court can still recommend compensation. This means even if the accused is set free, the victim can get financial help. The focus here is on the suffering of the victim, not just the outcome of the case. It shows that justice is not just about punishing the guilty but also about helping the harmed. This ensures that no victim is left without support, even when the case doesn’t go in their favor.
3. Victims Can Apply Even if No Trial Happens
In cases where the offender is not found or the police can’t trace who committed the crime, Section 396 allows the victim or their family to apply for compensation. They don’t need to wait for a court case. This is especially useful in hit-and-run cases, mob violence, rape, or missing persons. As long as the victim is identified, they can approach the District or State Legal Services Authority. This gives victims a direct route to justice without delay. It recognizes the importance of timely help, even if the crime remains unsolved.
4. Quick Enquiry and Decision by Legal Authorities
Once the application or court recommendation is received, the District or State Legal Services Authority must finish the enquiry and award compensation within two months. This ensures there is no delay in supporting the victim. Authorities must check the details of the case, injury, and need for help. After that, they decide the amount and disburse the money. This time-bound process builds trust in the system. It shows that the law is not only strict but also fast and caring when it comes to victims.
5. Medical Help and Interim Relief to Victims
Section 396 also says that victims can get free medical treatment or first-aid without waiting for full approval. A certificate from a police officer or magistrate is enough to start treatment. This helps in cases where the victim is in serious condition and needs immediate care. Authorities can also offer interim relief, like emergency money, if needed. This ensures the victim doesn’t suffer due to delay in formal compensation. It makes the law practical, life-saving, and people-friendly.
396 BNSS Overview
Section 396 of the Bharatiya Nyaya Sanhita mandates the creation of compensation schemes by State Governments in coordination with the Central Government. These schemes aim to offer financial support, medical help, or interim relief to victims or their families. The section also allows victims to apply for compensation even if no trial takes place, or if the accused is untraced. The Legal Services Authorities (DLSA/SLSA) are responsible for deciding the compensation amount within two months. This provision strengthens victim rights and ensures timely justice beyond the courtroom.
BNSS Section 2396 – Victim Compensation Scheme
1. Creation of a Victim Compensation Scheme by State and Centre
BNSS Section 396(1) makes it mandatory for every State Government, in coordination with the Central Government, to set up a victim compensation scheme. This scheme is meant to provide financial assistance to victims or their dependents who have suffered due to a criminal offence. The assistance aims to help in the rehabilitation and recovery of victims. The focus here is not just on punishing the offender but also healing the victim. This fund must be planned and made available by the state machinery. The scheme ensures that justice is not limited to the courtroom, but extends into the life of the affected individual. It strengthens victim protection in India’s criminal justice framework.
2. Role of Legal Services Authorities in Deciding Compensation
As per Section 396(2), when a court recommends compensation, it is the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA) that decides how much should be paid. These authorities act as neutral and informed bodies to ensure fair and timely assistance. They assess the nature of the crime, the degree of injury or loss, and the need for rehabilitation. The quantum of compensation must be sufficient to bring relief and dignity to the victim. This decentralized approach makes the compensation process accessible and faster. It ensures that victim support is not delayed by legal formalities.
3. Compensation Even if Convict Is Acquitted or Sentence Is Inadequate
Section 396(3) states that if the trial ends in acquittal or discharge, but the victim still needs help, the court may recommend compensation. Similarly, if the compensation awarded under Section 2395 is found to be inadequate, the court can make further recommendations under this section. This is important because justice is not only about conviction; it’s also about relief for genuine victims. Many times, victims are left unsupported after the trial ends. This clause ensures they are not forgotten. The law acknowledges the real suffering, regardless of the outcome of the case.
4. Victims Can Apply Directly Even Without Trial
Under Section 396(4), if the accused is untraceable or unidentified, but the victim is identified, they or their dependents can apply directly to the DLSA or SLSA for compensation. This means even if no trial happens, the victim is not denied help. This clause protects victims of hit-and-run, mob violence, sexual assault, or other untraced crimes. It reflects a victim-centric approach, where justice is not dependent on the presence of an accused. The process allows the victim to get support based on suffering, not on conviction. It builds faith in the legal system.
5. Time-bound Enquiry and Award of Compensation
According to Section 396(5), once an application or court recommendation is received, the Legal Services Authority must complete the enquiry and award compensation within two months. This time-bound process avoids unnecessary delay in relief. Quick financial aid can prevent further hardship for the victim. The provision ensures that authorities act responsibly and efficiently. The enquiry involves checking the victim’s claims, verifying police records, and assessing the need. A strict two-month window makes the system accountable. It proves that the law values the urgency of victim rehabilitation.
6. Immediate Medical or First-aid Support for Victims
Section 396(6) allows the Legal Services Authority to provide immediate medical help or first-aid to the victim, based on a simple police or magistrate’s certificate. This ensures that victims don’t have to wait for paperwork to get basic treatment. Health and safety come first. The authority may also provide interim monetary relief before full compensation is awarded. This is especially useful in rape cases, acid attacks, or injuries requiring urgent attention. It reflects humanitarian thinking within the justice process. It shows the system’s compassion toward the physical and emotional pain of the victim.
7. Additional to Fine-Based Compensation Under Other Sections
As per Section 396(7), the compensation provided under this scheme is in addition to fines awarded under Section 65, Section 70, and Section 124(1) of the Bharatiya Nyaya Sanhita. This means victims can receive both court-ordered fines and support under this scheme. It ensures that financial recovery is fair and not limited. The idea is to combine multiple forms of relief so that no victim is left unsupported. This also prevents over-reliance on one type of relief. The section strengthens the multi-channel approach to victim justice.
8. Supports Victim-Centered Justice Approach
The essence of Section 396 lies in promoting a victim-centered justice system. Traditional criminal laws focused only on punishing offenders. But this section adds a human touch by focusing on the real needs of victims. It shows that rehabilitation is just as important as retribution. Whether it’s emotional trauma, physical injury, or financial loss, the law is now designed to help victims recover. This section promotes restorative justice, which aims to restore the victim’s life to normalcy. It is a powerful shift in India’s legal system.
9. Empowers Legal Services Authorities with a Crucial Role
DLSA and SLSA are central to the success of Section 396. These bodies must ensure fair, timely, and sensitive handling of victim compensation. They must coordinate with courts, police, and medical authorities to provide all-round support. This section makes them more than just legal advisors — they become protectors of victim rights. With strict timelines, defined responsibilities, and the power to disburse aid, their role is crucial. It brings the legal system closer to the people. This decentralization helps reach victims in even rural and remote areas.
10. Ensures Inclusiveness and Humanitarian Support in Justice**
BNSS Section 396 ensures no victim is left behind. It includes every type of victim — those in cases of conviction, acquittal, discharge, and even untraced offenders. It treats every individual who has suffered as someone deserving of help and dignity. The section recognizes that justice is not always black and white — sometimes, people need support even when law fails to punish someone. That is the strength of this provision — it is just, inclusive, and deeply human.
Example 1:
Priya, a victim of an acid attack, gets immediate medical treatment through the victim compensation scheme under Section 396. Later, the court recommends ₹3,00,000 as compensation, which is approved by the State Legal Services Authority.
Example 2:
Ravi is hit by an unknown speeding car. Since the driver is untraceable and no trial occurs, Ravi applies under BNSS 396 to the District Legal Services Authority and receives ₹1,50,000 compensation after a short inquiry.
BNSS Section 396 Short Information
| Key Point | Description |
|---|---|
| Compensation Fund | State must create a victim compensation scheme |
| Legal Authorities Role | DLSA/SLSA decide compensation amount on court order or application |
| No Trial Needed | Victim can apply even if accused is untraced or no trial happens |
| Medical & Interim Help | Free treatment or immediate aid on police/magistrate approval |
| Time-Bound Relief | Decision and compensation must be done within 2 months |
Why is BNSS Section 396 Needed?
BNSS Section 396 is needed to support crime victims directly and quickly. In many cases, victims suffer not only from physical or emotional trauma but also from financial stress. Earlier laws focused mostly on punishing the offender, but not enough on healing the victim. This section changes that by ensuring that victims get compensation, medical aid, and relief, even if the accused is not found or is acquitted. It also gives legal services authorities the power to take quick decisions, making the process faster and less complicated. In short, BNSS 396 makes justice more compassionate, fair, and victim-centered.
BNSS Section 396 FAQs
BNSS 396
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