BNSS Section 396: Victim Compensation
1. Code:
Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 396
2. Explanation:
This section of the BNSS deals with the provision of compensation to victims of crime. It outlines the process for awarding compensation, the authorities involved, and the types of relief that can be provided.
The key aspects of this section are:
- Scheme for Compensation: Each State Government, in collaboration with the Central Government, must establish a scheme for providing financial compensation to victims or their dependents who have suffered loss or injury due to a crime.
- Court Recommendations: Courts can recommend compensation for victims. The District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) then determines the actual amount to be awarded under the scheme.
- Inadequate Compensation: If the trial court finds the compensation awarded under Section 395 inadequate, or if the case ends in acquittal or discharge, the court can still recommend compensation for rehabilitation.
- Untraced Offenders: Victims or their dependents can apply to the State or DLSA for compensation even if the offender is not traced or identified.
- Immediate Relief: The State or DLSA can provide immediate first-aid or medical benefits to the victim on the certificate of a police officer or magistrate. They can also order other interim relief deemed necessary.
- Additional Compensation: Compensation under this section is separate from any fines paid to the victim under other sections of the Bharatiya Nyaya Sanhita, 2023.
3. Illustration:
Suppose a woman is attacked and injured in a robbery. The court convicts the assailant and orders him to pay a fine. However, the court also recognizes that the victim needs medical treatment and rehabilitation. Under Section 396, the court can recommend compensation to help her recover.
The DLSA would then assess the victim’s needs and award compensation accordingly. This could include medical expenses, therapy, or financial support for lost income.
4. Common Questions and Answers:
- Q: Who is eligible for compensation under this section?
- A: Victims of crime, or their dependents, who have suffered loss or injury as a result of the crime and require rehabilitation.
- Q: How do I apply for compensation?
- A: You can apply to the State or the DLSA, either through the court or directly. The process may vary depending on the circumstances of your case.
- Q: What factors are considered when determining the amount of compensation?
- A: Factors like the severity of the injury, medical expenses, lost income, and the victim’s rehabilitation needs are considered.
- Q: Is compensation mandatory?
- A: While the scheme for compensation is mandatory, the award of compensation itself is subject to the court’s discretion and the DLSA’s assessment.
- Q: What happens if the offender is not traced or identified?
- A: Victims or their dependents can still apply to the State or DLSA for compensation. The authority will investigate the case and determine the eligibility for compensation.
