Victim Compensation Scheme Under the BNSS (Section 396): CrPC 357A Mapping (2026)
What the victim compensation scheme is under Section 396 of the BNSS, how a victim can be compensated even when the offender is not traced, and how it maps to Section 357A of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A crime leaves the victim with real loss, and a fine on the convict is not always enough, or even possible. Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires each State to run a victim compensation scheme, funded by the State in coordination with the Centre. It replaced Section 357A of the old Code of Criminal Procedure, 1973 (CrPC). It is a procedure provision and carries no punishment. Last verified October 2026.
- What it is: Section 396 of the BNSS is the victim compensation scheme, funded by the State with the Centre.
- Who decides the amount: the District or State Legal Services Authority.
- Key feature: compensation can be paid even where the offender is not traced, or the case ends in acquittal or discharge.
- Old section: it replaces Section 357A of the CrPC.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts and forums.
01The problem: loss the fine does not cover
A victim of crime often faces medical bills, lost earnings, and the cost of starting life again. A sentence punishes the offender, but it does not put money in the victim’s hands. A fine helps only if the court imposes one and the offender can pay it.
Many cases leave the victim with nothing. The offender may never be caught, or may be acquitted on a technical point, or may simply be too poor to pay. The victim compensation scheme exists for exactly these gaps.
Section 396 of the BNSS is the provision that keeps this scheme alive. People searching "victim compensation bnss" or "section 357a crpc in bnss" are looking for it.
02What Section 396 covers
Section 396 requires every State Government, in coordination with the Central Government, to prepare a scheme to fund compensation for victims or their dependents who have suffered loss or injury from a crime and need rehabilitation. The scheme is a standing fund, not a one-off order.
When a court recommends compensation, or when a victim applies, the District Legal Services Authority or the State Legal Services Authority decides the amount to be paid under the scheme. The authority can hold an inquiry and award what it finds adequate for rehabilitation, within the limits of the scheme.
A procedure provision, not an offence
Section 396 does not create any crime and carries no punishment. It is a welfare and rehabilitation measure built into the criminal process. So the labels of cognizable or bailable do not apply to it.
03Compensation even without a conviction
The strongest feature of this scheme is that it does not depend on a conviction. Compensation can be available in situations where the ordinary fine route fails:
- where the trial court finds that the compensation ordered on conviction is not adequate for rehabilitation;
- where the case ends in acquittal or discharge but the victim still needs rehabilitation; and
- where the offender is not traced or identified, but the victim is known, so no trial can award anything.
In these cases the Legal Services Authority can still step in and award compensation under the scheme. That is what makes Section 396 a genuine safety net rather than a paper right.
04Section 357A CrPC to Section 396 BNSS
Section 396 of the BNSS replaces Section 357A of the CrPC and continues the same victim compensation scheme. Section 357A had introduced the scheme into the CrPC, and the BNSS carries it forward with the same core design, run through the Legal Services Authorities.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 357A | Section 396 | Victim compensation scheme |
The related provisions on compensation ordered by the court on conviction, and on free first-aid or medical treatment for victims, sit alongside Section 396 in the same part of the BNSS. Confirm the exact text and the related sections against the official source.
05What changed from the old law
In substance, the scheme is carried over. The duty on the State, the role of the Legal Services Authorities, and the ability to compensate even without a conviction are all retained. The clearest change is the renumbering from Section 357A to Section 396.
The BNSS places a general emphasis on the victim, including rights to be heard and informed at various stages. For a plain comparison of these shifts, see BNSS vs CrPC key changes, and for the wider picture of the 2024 codes see the new criminal laws of 2024. In drafting, cite Section 396 of the BNSS for matters under the new code.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A victim compensation claim turns on how courts and Legal Services Authorities have fixed amounts on facts like yours, and the claim has to be followed to its award. Claw helps on both sides. You can search 30 crore+ judgments by section, party, or advocate, with results in under 5 seconds, to find compensation orders close to your case. You can then track cases, orders and hearings across 9,102 courts and forums, with automatic updates, cause lists, and WhatsApp and email alerts. See case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models. Claw is a research and tracking tool. It does not process the compensation claim and does not replace legal advice.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- National Legal Services Authority (NALSA): nalsa.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 396 and the applicable State scheme, and take advice from counsel before you act.
08Frequently asked questions
What is Section 396 of the BNSS?
Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires every State Government, with the Central Government, to run a scheme that compensates victims or their dependents who have suffered loss or injury from a crime and need rehabilitation. The amount is decided by the District or State Legal Services Authority.
Which old section does Section 396 BNSS replace?
It replaces Section 357A of the Code of Criminal Procedure, 1973, which had introduced the victim compensation scheme. The BNSS carries the scheme forward with the same core design, run through the Legal Services Authorities.
Can a victim get compensation if the offender is not caught?
Yes. The scheme does not depend on a conviction. Compensation can be awarded where the offender is not traced or identified, where the case ends in acquittal or discharge, or where the compensation ordered on conviction is not enough for rehabilitation.
Who decides the amount of victim compensation?
The District Legal Services Authority or the State Legal Services Authority decides the quantum under the State scheme, either on a court recommendation or on the victim’s application. The authority can hold an inquiry and award what it finds adequate for rehabilitation.
Does Section 396 carry a punishment?
No. Section 396 is a procedure and welfare provision, not an offence. It does not create a crime and has no sentence of its own. It is about rehabilitating the victim, not punishing the offender.
Can I track a compensation matter in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts and forums with automatic updates and alerts. You can also search 30 crore+ judgments for compensation orders on similar facts. Claw does not process the claim or give legal advice.