Victims of crime, or their dependants, can claim compensation from the state under section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by applying to the District Legal Services Authority (DLSA) of the district where the crime happened, or through a recommendation from the trial court. You do not have to wait for a conviction, and you can claim even if the offender is never caught. The Authority must complete its enquiry within two months.
What the scheme is
Section 396(1) requires every State Government, in coordination with the Central Government, to prepare a scheme that provides funds to compensate victims or their dependants "who have suffered loss or injury as a result of the crime and who require rehabilitation". Each state and union territory therefore has its own victim compensation scheme, with its own schedule of amounts. For women who are victims of sexual assault and certain other crimes, the National Legal Services Authority has also framed a compensation scheme that the states follow.
The money comes from the state, not the accused. It is meant for rehabilitation: medical treatment, loss of earnings, education of children who lost a parent, and similar needs.
Who can claim
A "victim" under section 2(1)(y) of the BNSS is a person who has suffered any loss or injury caused by the accused's act or omission, and the definition includes the victim's guardian or legal heir. In practice, claims are made by:
- the injured person;
- the family of a person who died as a result of a crime;
- a parent or guardian on behalf of a child victim.
Most state schedules focus on serious harm: death, permanent disability, grievous injury, sexual offences, acid attacks and trafficking. Check what your state's schedule covers.
Three ways a claim starts
- Court recommendation during or after trial. If the trial court finds that compensation ordered from the accused under section 395 is not adequate for rehabilitation, or if the case ends in acquittal or discharge and the victim still needs rehabilitation, it may recommend compensation (section 396(3)). The Legal Services Authority then decides the amount (section 396(2)).
- Direct application when no trial takes place. If the offender is not traced or identified but the victim is, the victim or dependants may apply to the State or District Legal Services Authority (section 396(4)).
- Interim relief at the start. The Authority may order immediate first aid or medical benefits free of cost, or other interim relief, on a certificate from a police officer of at least station house officer rank or from a Magistrate (section 396(6)).
How to apply
Go to the District Legal Services Authority, usually located in the district court complex, or contact it through the state legal services authority's website or the national legal aid helpline. Ask for the victim compensation application form for your state. The documents usually asked for are:
- A copy of the FIR. If you need one, see how to get an FIR copy online.
- Medical records: injury report, treatment bills, disability certificate, or the post-mortem report and death certificate.
- Identity and address proof of the victim and the applicant.
- Proof of relationship, if a family member is applying.
- Bank account details.
- Any court order recommending compensation, if there is one.
- Proof of income loss, such as a salary certificate, where your state's scheme considers it.
Fill in what happened briefly and accurately, and keep a copy of the application with the date it was received.
What happens next
The Authority makes an enquiry, often asking the police for a report confirming the case and the injuries. Section 396(5) requires it to award adequate compensation after completing the enquiry within two months. It may pay in instalments or deposit part of the amount in a fixed deposit, especially for minors, according to the state scheme. If your claim is rejected or the amount seems too low, ask for the written order and seek advice; these orders can be challenged.
Tips that help a claim move
- Apply early. State schemes can set their own time limits for applications, so check yours as soon as you can and do not wait for the trial to end.
- Ask the court. If the case is being tried, ask the prosecutor to request a recommendation under section 396(3) at the end of the trial, including in an acquittal.
- Keep bills and receipts. Treatment costs and lost wages are easier to compensate when they are documented.
- Use free legal aid. The same Legal Services Authority that decides compensation also provides free legal services to eligible people, including women and children, so ask for help filling in the form.
- Follow up in writing. If two months pass without a decision, write to the Authority, quoting section 396(5) and your application date.
Compensation from the accused is separate
When a court convicts, section 395 lets it order that the fine, or a separate amount, be paid to the victim as compensation. Section 396(7) makes clear that state compensation is in addition to fines paid to victims under certain sections of the Bharatiya Nyaya Sanhita. So a victim may receive both.
Free medical treatment
Section 397 requires every hospital, government or private, to provide first aid or medical treatment immediately and free of cost to victims of rape and related sexual offences, acid attacks under section 124(1) of the BNS, and certain sexual offences against children, and to inform the police. A hospital cannot demand payment first.
Related claims
Road accidents are different. If the vehicle was never identified, a fixed central scheme applies; see hit and run compensation. If the police have not registered your complaint at all, start with what to do when police will not register an FIR, because an FIR is usually the first document the Authority asks for.
