Why Is Victim Compensation an Essential Part of Criminal Justice?
For a long time, criminal trials focused mainly on punishing the offender. However, victims often left the courtroom without meaningful relief. Gradually, Indian criminal law began to recognize that justice must also address the harm suffered by victims.
This idea took statutory form under Section 357 of the Criminal Procedure Code, 1973 (CrPC). With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the corresponding provision now appears as Section 395 BNSS.
While the objective remains restorative, BNSS strengthens the victim-centric approach.
What Is Victim Compensation and Restitution?
Victim compensation refers to monetary relief ordered by a criminal court to compensate for loss, injury, or suffering caused by an offence. Restitution focuses on restoring the victim, as far as possible, to the position they were in before the crime.
Unlike civil damages, this relief flows directly from criminal proceedings. Therefore, it offers faster and more accessible justice to victims.
What Did Section 357 CrPC Provide?
Section 357 CrPC empowered criminal courts to order compensation to victims at the time of sentencing. This compensation could come from the fine imposed on the accused.
The provision applied in multiple situations. Courts could compensate victims for medical expenses, loss of property, or injury. Additionally, even when no fine was imposed, courts could still direct payment of compensation.
Thus, Section 357 CrPC marked a shift from offender-centric punishment to victim-oriented justice.
How Did Courts Interpret Section 357 CrPC?
Courts repeatedly emphasized that compensation under Section 357 CrPC was not optional charity. Instead, it formed part of substantive justice.
Judicial precedents encouraged courts to consider compensation in every conviction. However, inconsistent application remained a challenge.
As a result, many deserving victims still did not receive adequate relief.
Why Was Section 395 BNSS Introduced?
The BNSS seeks to correct procedural gaps and strengthen victim rights. Lawmakers observed that compensation orders often received low priority during sentencing.
Section 395 BNSS was introduced to reinforce the obligation of courts to actively consider victim compensation. It aligns with the broader BNSS philosophy of restorative and participatory justice.
What Does Section 395 BNSS Provide?
Section 395 BNSS authorizes courts to order compensation for victims who have suffered loss or injury due to an offence. The provision applies at the time of conviction and sentencing.
Courts may direct compensation from fines or through direct payment by the accused. Importantly, the court must consider the nature of harm and the capacity of the accused.
Therefore, compensation becomes a reasoned judicial exercise rather than a routine formality.
Is There Any Difference Between Section 357 CrPC and Section 395 BNSS?
Structurally, both provisions are similar. However, the difference lies in emphasis and intent.
Section 395 BNSS operates within a framework that places victims at the center of criminal proceedings. It expects courts to consciously evaluate compensation instead of treating it as secondary.
Moreover, BNSS encourages a more transparent and accountable approach to victim restitution.
Can Compensation Be Granted Even Without a Fine Under BNSS?
Yes. Just like Section 357 CrPC, Section 395 BNSS allows compensation even when the court does not impose a fine.
This ensures that victims do not lose relief merely because the sentencing structure differs.
Consequently, victim welfare remains independent of punitive measures.
How Does Victim Compensation Impact the Accused?
Compensation does not replace punishment. Instead, it complements sentencing by addressing the consequences of crime.
Courts must consider the accused’s financial capacity to avoid undue hardship. At the same time, inability to pay cannot become an excuse to deny victim relief altogether.
Thus, Section 395 BNSS balances accountability with fairness.
What Happens If the Court Ignores Victim Compensation?
If a trial court fails to consider compensation, appellate courts may intervene. Higher courts can modify sentences to include compensation orders.
BNSS strengthens this expectation, making victim compensation a judicial responsibility rather than discretion.
Why Is Section 395 BNSS Important for Criminal Justice Reform?
Modern criminal justice systems recognize that victims deserve more than convictions. Section 395 BNSS reflects this evolving understanding.
By reinforcing compensation and restitution, BNSS enhances trust in the justice system. It also promotes healing and closure for victims.
Ultimately, this approach strengthens the legitimacy of criminal law.
Conclusion
Section 357 CrPC introduced the concept of victim compensation as part of criminal sentencing. Section 395 BNSS carries this principle forward with stronger emphasis and clarity. While the core structure remains unchanged, the BNSS framework places greater responsibility on courts to address victim harm meaningfully. As a result, victim compensation and restitution emerge as central pillars of modern criminal justice in India.
