Protection of Victims — Compensation and Treatment (ss.395–399, 273 BNSS) — BNSS (Criminal Law II) Notes

Protection of Victims — Compensation and Treatment (ss.395–399, 273 BNSS)

For most of its history the criminal trial had two players — the State and the accused — and the victim stood forgotten in the wings. The BNSS deliberately brings the victim to centre stage: a compensation scheme, free treatment, and a right to be heard. The other side of the coin protects the falsely accused from a baseless prosecution.

Order to pay compensation (s.395 [s.357 CrPC]). When imposing a fine (or even without one), the court may order the accused to pay compensation to the victim for loss or injury caused by the offence.
Victim compensation scheme (s.396 [s.357A CrPC]). Every State must prepare, in coordination with the Centre, a scheme for funds to compensate victims (and their dependants) who have suffered loss or injury and need rehabilitation — payable even where the offender is not traced or the trial ends without conviction, on the recommendation of the court or the DLSA/SLSA.
Treatment of victims (s.397 [s.357B/357C CrPC]). All hospitals must provide free first aid or medical treatment to victims of specified offences (e.g. acid attack, sexual offences), and inform the police.
Compensation for a groundless accusation (s.273 [s.250 CrPC]). Where a complaint/accusation on which a person was tried is found by the Magistrate to be without reasonable cause, he may order the complainant/informant to pay compensation to the accused — a shield against malicious prosecution.

🧩 WORKED EXAMPLE — compensation for a groundless accusation

Facts. A complaint case ends in P’s favour, and the Magistrate is satisfied there was no reasonable ground for the accusation. P seeks compensation.

Rule. Section 273 allows the Magistrate to order the complainant to pay compensation to the accused where the accusation was without reasonable cause — but he must record that finding.

Apply. P’s acquittal alone is not enough; the Magistrate must positively find the accusation groundless. If he does, he may order compensation.

Conclusion. Compensation to P is possible only on a recorded finding of no reasonable cause; a bare acquittal does not found the claim (the decoy).

Section 396(1) BNSS: “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.”

In Simple Terms: Every State must run a fund to compensate victims of crime — even when the offender is never caught.

flowchart TD
    ROOT["Protection of victims"]:::root
    ROOT --> A["Compensation by accused s.395"]:::leaf
    ROOT --> B["Victim compensation scheme s.396<br/>(State fund, even if offender untraced)"]:::leaf
    ROOT --> C["Free treatment s.397"]:::leaf
    ROOT --> D["Compensation for groundless accusation s.273<br/>(protects the falsely accused)"]:::sidebox
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
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Case Laws

Ankush Shivaji Gaikwad v. State of Maharashtra (2013) — the court must apply its mind to victim compensation in every case; s.357 is not optional lip-service.
Nilabati Behera v. State of Orissa (1993) — the State’s constitutional duty to compensate for violation of the right to life underpins victim compensation.

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