LLM Notes: Evolving Legal Framework for Victim Compensation in India: A Comparative Analysis of CrPC, 1973 and BNSS, 2023

Victim compensation is a crucial aspect of the criminal justice system, aimed at providing relief and rehabilitation to individuals who suffer harm due to criminal acts. In India, the legal framework for victim compensation has undergone significant transformation with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), 1973. This article explores the provisions for victim compensation under both laws, compares their features, highlights judicial precedents, and analyzes how the new framework improves upon the old system.

The CrPC, 1973, provided for victim compensation through several provisions:

1. :

   • Courts could order compensation to victims from fines imposed on offenders.

   • Compensation covered litigation costs, damages, or losses caused by the offence.

   • Limited to cases where the offender was convicted.

2. :

   • Introduced in 2008, it mandated State Governments to establish a Victim Compensation Scheme.

   • Courts could recommend compensation if fines under Section 357 were inadequate or if the accused was acquitted or discharged.

3. :

   • Compensation under Section 357A was in addition to fines imposed on offenders.

4. :

   • Mandated free medical treatment for victims of certain crimes (e.g., rape) by hospitals.

• Compensation was contingent on conviction or court recommendation.

• Delays in disbursement due to bureaucratic hurdles.

• Lack of clear timelines for processing victim applications.

The BNSS, 2023, introduces significant advancements in victim compensation provisions:

1. : Victim Compensation Scheme:

   • State Governments, in coordination with the Central Government, must prepare schemes for compensating victims or their dependents requiring rehabilitation due to crimes.

   • Compensation is payable even when offenders are not identified or trials do not occur.

2. :

   • : Courts can recommend compensation at the conclusion of trials if fines are insufficient or if cases end in acquittal/discharge.

   • : Victims can directly apply to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) for compensation.

   • : Authorities must complete inquiries and award compensation within two months of receiving recommendations or applications.

   • : Immediate first-aid or medical benefits can be provided upon certification by a police officer or magistrate.

3. :

   • Compensation under Section 396 is in addition to fines imposed under Sections 65, 70, and 124 of the Bharatiya Nyaya Sanhita (BNS), 2023.

   • Emphasis on rehabilitation through structured schemes and interim relief mechanisms.

The table below highlights key differences between the CrPC framework and BNSS provisions:

Feature	CrPC, 1973	BNSS, 2023
	Mandated under Section 357A; no strict timelines	Mandated under Section 396; strict two-month timeline
	Limited to court recommendations	Includes direct applications by victims
	Not explicitly provided	Explicit provision for immediate relief
	Limited provisions	Comprehensive coverage
	State-specific schemes	Central and state coordination
	Mandated under Section 357C	Strengthened provisions

Indian courts have played a pivotal role in interpreting and enforcing victim compensation laws. Some landmark judgments include:

1. :
   The Supreme Court held that courts must consider awarding compensation under Section 357 CrPC in all criminal cases and provide reasons for granting or refusing it.

2. :
   Directed mandatory compensation for acid attack survivors and emphasized timely medical aid under Section 357C CrPC.

3. :
   Awarded compensation for custodial death under Article 21 of the Constitution, emphasizing state liability in protecting fundamental rights.

4. :
   Highlighted mandatory application of judicial mind while awarding victim compensation and laid down guidelines for determining quantum based on harm suffered.

5. :
   Directed NALSA to create a model victim compensation scheme for sexual offences and acid attacks, which influenced subsequent state schemes.

The BNSS, 2023, addresses several gaps that existed under the CrPC framework:

• It provides clear timelines for processing applications and disbursing compensation.

• It allows victims to directly approach authorities without relying solely on court recommendations.

• It expands coverage to include cases where offenders are not identified or convicted.

• It emphasizes interim relief and immediate medical aid as essential components of victim rehabilitation.

These changes reflect a shift towards a more victim-centric approach that prioritizes restitution alongside punishment.

The transition from the CrPC framework to BNSS marks a significant step forward in ensuring justice for crime victims in India. By addressing procedural delays, expanding coverage, and introducing structured timelines and interim relief mechanisms, BNSS strengthens India's commitment to restorative justice. As courts continue to interpret these provisions through progressive judgments, the focus on victim rights will enhance trust in the criminal justice system while promoting holistic rehabilitation for those affected by crime.

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