Introduction 

• The Victim Compensation Scheme is provided in Section 396 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). 
• The same was inserted in the Code of Criminal procedure, 1973 (CrPC) in 2009, represents a significant step forward in India's criminal justice system.  
• This scheme acknowledges that crime victims often bear substantial financial burdens and emotional trauma, necessitating state support for their rehabilitation and recovery.  
• The provision marks a shift from a purely punitive approach to criminal justice toward a more victim-centric model that emphasizes restoration and compensation. 

Legal Provisions Under BNSS for Victims 

Section 2 (1) (y) 

• Victim means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim.  

Section 396: Victim Compensation Scheme 

• This section was earlier covered under Section 357 A of CrPC. 
• Every State Government, in coordination with the Central Government, shall prepare a scheme for providing funds for compensation to victims or their dependents who have suffered loss or injury as a result of crime and require rehabilitation. 
• Key Components: 
  • The State Government shall allocate funds for the scheme. 
  • The District Legal Service Authority or State Legal Service Authority shall decide the quantum of compensation. 
  • Compensation can be awarded even in cases where the offender is not traced or identified. 
  • The victim or dependents can file an application for compensation before the State or District Legal Service Authority. 
• Implementation Process: 
  • The trial court may recommend compensation under the scheme. 
  • The Legal Services Authority must verify claims within two months. 
  • Immediate first-aid or medical benefits shall be provided free of cost. 
  • The Authority may order for immediate first-aid facility or medical benefits at any stage. 
• The compensation payable by the State Government under this section shall be in addition to the payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023. 
• This ensures that victims of acid attacks and gang rape receive additional support beyond any court-ordered fines. 
• Sub-section (7) of this section was earlier covered under Section 357 B of CrPC. 

Section 397: Treatment of Victims 

• All hospitals, public or private, shall immediately provide first-aid or medical treatment free of cost to victims of any offense 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 incidents. 
• This section was earlier covered under Section 357C of CrPC. 

Section 413: No Appeal to Lie Unless Otherwise Provided  

• No appeal shall lie from any judgment or order of a Criminal Court except as provided for by his Sanhita or by any other law for the time being in force:   
• Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. 

Conclusion 

The Victim Compensation Scheme represents a crucial advancement in victim justice and support in India. It acknowledges the state's responsibility toward crime victims and provides a structured framework for their compensation and rehabilitation. The scheme's success depends on effective implementation, adequate funding, and awareness among stakeholders. While challenges remain in terms of uniformity across states and timely disbursement, the scheme provides a vital safety net for crime victims and their dependents.