How can a crime victim claim compensation under the victim compensation scheme?

Question

I or a family member has been a victim of a serious crime. How do I apply for victim compensation and how much can I get? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How can a crime victim claim compensation under the victim compensation scheme? is governed in India primarily by BNSS 2023 s.396 and BNSS 2023 s.397 (compensation to victims). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

BNSS s.396 requires every State Government, in coordination with the Central Government, to prepare a Victim Compensation Scheme to provide funds for compensation to victims or their dependents who have suffered loss or injury due to a crime and require rehabilitation.

The victim, or their dependents in case of death, can apply to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) for compensation under the scheme, even before the trial concludes, especially where the offender is not traced or acquitted but the crime is proven to have occurred.

BNSS s.397 also empowers the trial court to direct compensation from the fine imposed on the convict to be paid to the victim, over and above any amount received under the state compensation scheme, avoiding double benefit but ensuring adequate relief.

Compensation amounts vary by state and offence category (e.g., higher for acid attacks, rape, murder) as per each state's notified scheme, and interim compensation can be granted immediately pending final assessment, particularly in cases of rape or acid attack under BNSS s.396(6).

Applications require the FIR copy, medical/post-mortem reports, and any interim court orders; the DLSA typically constitutes a committee to verify the claim and disburse funds within a set timeframe.

What to do next: 1) Approach the District Legal Services Authority with the FIR and supporting medical/loss documentation; 2) File an application for interim compensation immediately in serious offences like rape or acid attack; 3) Track the trial court's final compensation order under BNSS s.397 alongside the sentencing; 4) Follow up with DLSA for disbursement timelines and any additional rehabilitation support available.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNSS 2023 s.396 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.