Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 397
Code: section 397
All hospitals, public or private, whether run by the Central Government, the
State Government, local bodies or any other person, shall immediately, provide the first-aid
or medical treatment, free of cost, to the victims of any offence covered under section 64,
section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of
section 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of
the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the
police of such incident.
Explanation:
This section mandates all hospitals, regardless of their ownership (public or private), to provide immediate, free-of-cost first-aid or medical treatment to victims of specific offenses. These offenses include:
Bharatiya Nyaya Sanhita, 2023: Sections 122, 64, 66, 67, 68, 70, 71, and 122 (covering offenses like rape, sexual assault, and child sexual abuse)
Protection of Children from Sexual Offences Act, 2012: Sections 4, 6, 8, and 10 (covering offenses related to sexual offenses against children)
Furthermore, the hospitals are obligated to immediately inform the police about such incidents.
Illustration:
A man attacks and sexually assaults a woman. After the assault, medical personnel take her to a private hospital for treatment. The hospital staff must provide her with immediate medical treatment, free of charge, and promptly report the incident to the police.
Common Questions & Answers
- Q: What if the victim cannot afford the treatment?
- A: The hospital must provide the treatment regardless of the victim’s financial status. The cost is borne by the hospital.
- Q: Can the hospital refuse to provide treatment if the victim is unable to identify the perpetrator?
- A: No, the hospital cannot refuse treatment based on the victim’s ability to identify the perpetrator. The focus is on providing immediate medical care.
- Q: What if the victim is a minor?
- A: The same rules apply. The hospital must provide treatment and inform the police, ensuring the child’s safety and well-being.
