How can a crime victim claim compensation under the Victim Compensation Scheme in BNSS?

Question

I was the victim of a serious crime and I want to know how to claim compensation from the government under the new criminal procedure law. What I am unsure about is the procedure — where the application goes, what it costs, and how long victim compensation scheme matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to victim compensation scheme here is Bharatiya Nagarik Suraksha Sanhita 2023, Section 396, Bharatiya Nagarik Suraksha Sanhita 2023, Section 397 and Bharatiya Nyaya Sanhita 2023, Section 65. The detail below matters, because Bharatiya Nagarik Suraksha Sanhita 2023, Section 396 draws the line differently depending on what your documents show.

Section 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 as a result of a crime and require rehabilitation.

The trial court can, at the conclusion of trial, recommend compensation under this scheme where the compensation awarded under other provisions is inadequate, or where the case ends in acquittal or the offender is not traced, so a victim is not left without any remedy merely because the accused could not be convicted.

Section 397 provides for interim relief, allowing the District or State Legal Services Authority to grant first-aid or immediate financial relief to the victim even before the trial concludes or the compensation amount is finally determined.

For specific offences such as rape and acid attacks under Bharatiya Nyaya Sanhita Section 65 and related provisions, courts have held compensation is mandatory and must account for medical treatment, rehabilitation and, where relevant, plastic surgery costs, in addition to any amount under the general scheme.

The victim or dependents must apply to the District Legal Services Authority or State Legal Services Authority, which examines the loss suffered and the victim's need for rehabilitation before disbursing the compensation amount fixed under the applicable State scheme.

What to do next: 1) Obtain a copy of the FIR, medical reports and any court order noting the loss or injury suffered; 2) Apply to the District Legal Services Authority for compensation under the applicable state Victim Compensation Scheme; 3) Request interim relief under Section 397 if immediate financial or medical assistance is needed; 4) Follow up with the trial court to ensure compensation is recommended at the conclusion of trial if not already granted.

If you are unsure whether your facts fall inside Bharatiya Nagarik Suraksha Sanhita 2023, Section 396, that is worth checking with an advocate before you commit to a route, because switching later costs time. 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 criminal law.