BNSS 396 — Victim compensation scheme.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) 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.
(2)  Whenever a  recommendation is  made  by  the  Court for  compensation, the  District  Legal  Service
Authority  or  the  State  Legal  Service  Authority,  as  the  case  may  be,  shall  decide  the  quantum  of
compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under
section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the
victim has to be rehabilitated, it may make recommendation for compensation.
(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes
place,  the  victim  or  his  dependents  may  make  an  application  to  the  State  or  the  District  Legal  Services
Authority for award of compensation.
(5) On receipt of such recommendations or on the application under sub-section (4), the State or the
District Legal Services Authority shall, after due enquiry award adequate compensation by completing the
enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of
the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost
on the certificate of the police officer not below the rank of the officer in charge of the police station or a
Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
(7) The compensation payable by the State Government under this section shall be in addition to the
payment  of  fine  to  the  victim  under section  65, section  70 and  sub-section  (1)  of  section  124  of  the
Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

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