Victim Compensation in India From CrPC Section 357A to BNSS Section 396 Legal Analysis & Challenges by Lokendra Rana (Advocate at Delhi High Court)

Victim Compensation in India: Comprehensive Analysis of CrPC Section 357A, BNSS Section 396, and Implementation Gaps

This article is prepared by the Legal Advisory Team, reflecting updated criminal jurisprudence under the new criminal laws.

The criminal justice system in India has historically focused heavily on the punishment and sentencing of the offender. However, the fundamental rights of victims—particularly rehabilitation, medical support, and financial restoration—frequently took a back seat. With the landmark shift from the colonial-era Code of Criminal Procedure (CrPC), 1973 to the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, victim-centric jurisprudence has received renewed legislative focus under Section 396 of the BNSS (formerly Section 357A of the CrPC). In this detailed article, we examine the evolution of these provisions, the realities unearthed through Right to Information (RTI) disclosures, and the pressing need for systemic reform.

The Legislative Evolution: From CrPC Section 357A to BNSS Section 396

Under the repealed CrPC, 1973, Section 357A was introduced via the 2009 amendment, mandating that every State Government in coordination with the Central Government prepare a scheme for providing funds for compensation to victims or their dependents who suffered loss or injury due to a crime and required rehabilitation. The court was empowered to make a recommendation for compensation even where the accused was acquitted or discharged, ensuring that the victim's survival was not contingent solely on the conviction of the perpetrator.

Re-enacted as Section 396 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, this vital framework continues to obligate state machinery to formulate robust victim compensation schemes. The provision emphasizes that when a trial court hands down a sentence of fine (or where fine is not adequate), or when cases end without formal conviction, the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) must step in to award financial assistance upon recommendation.

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Empirical Disconnect: Crime Statistics vs. Ground Reality

The enactment of progressive laws on paper often contrasts sharply with enforcement realities. According to NCRB (National Crime Records Bureau) statistics, millions of cognizable crimes—comprising both Indian Penal Code (IPC) and Special & Local Laws (SLL) offences—are registered annually across India. Yet, when evaluated against compensation disbursements, a glaring statistical void appears.

A comprehensive national study conducted by the NGO Sanjog regarding the status of victim compensation for human trafficking survivors revealed startling disclosures. Through filed Right to Information (RTI) applications across multiple States and UTs, it was uncovered that out of 32 States and UTs, 11 recorded zero applications for victim compensation and zero court recommendations from the inception of the scheme through 2019. This complete failure to activate compensatory mechanisms for heinous violations highlights systemic institutional apathy.

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Why Are Compensation Numbers So Low?

The stark underutilization of victim compensation schemes stems from multiple institutional and social barriers:

• Lack of Public Awareness: The vast majority of victims—especially marginalized communities and survivors from rural backgrounds—remain completely unaware that statutory funds exist for their medical recovery and legal rehabilitation.
• Judicial Hesitancy: While ordinary citizens may lack legal literacy, judges and judicial magistrates are well-versed in procedural laws. Despite this, courts frequently treat recommendatory provisions as optional or overlook them entirely during sentencing judgments.
• Absence of Institutional Accountability: In many jurisdictions, no specific stakeholder—whether police officer, prosecutor, or jail authority—is legally bound at the primary investigation stage to hand over a compensation application form or brief the victim regarding their financial rights.

The Way Forward: Necessary Reforms and Mandatory Directives

To bridge the chasm between statutory intent and ground reality, criminal jurisprudence must undergo active reform:

1. Converting Discretion into Obligation: For heinous offences such as rape, acid attacks, human trafficking, and grievous physical assault, the discretionary power of courts under Section 396 BNSS must be elevated to a mandatory requirement. Courts must actively consider compensation in every suitable case.
2. Recording Reasons for Non-Grant: If a court decides against recommending compensation upon conviction or acquittal in a heinous crime, it must be made obligatory for the judge to record explicit written reasons for such omission.
3. Stakeholder Responsibilities: Police officers during FIR registration, Investigating Officers during chargesheet filing, Public Prosecutors during trial, and District Legal Services Authorities (DLSA) must proactively inform victims of their right to compensation.
4. Role of Media and Civil Society: Public awareness campaigns through print, digital media, and legal aid clinics are indispensable to ensure that victim compensation schemes reach the grassroots.

Conclusion

The judiciary serves as the ultimate guardian of citizens' constitutional rights. As criminal law evolves under the BNSS framework, courts must adopt a more compassionate, proactive approach toward victim rehabilitation. Only through strict statutory enforcement, active judicial sensitivity, and institutional coordination can victim compensation cease to be a paper promise and transform into a living reality for survivors of crime across India.

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Disclaimer: Legal Advisory strives to maintain complete accuracy across published content. However, articles are published for informational purposes, and readers should verify legal updates independently.

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