Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 396: Victim Compensation Scheme
(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make a recommendation for compensation.
(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry, award adequate compensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
(7) The compensation payable by the State Government under this section shall be in addition to the payment of fine to the victim under section 67(4), section 68, section 70(1) and section 70(2) of Bharatiya Nyaya Sanhita, 2023.
Brefe Detail
Section 396 outlines the responsibilities of State Governments in collaboration with the Central Government to establish a victim compensation scheme. It details the processes for determining compensation for victims or their dependents, including situations where offenders are not identified. The section emphasizes the importance of timely compensation and provision of immediate medical aid.
Question & Answers
Q1: What is the purpose of the victim compensation scheme?
A1: The scheme aims to provide funds for compensating victims or their dependents who have suffered loss or injury due to crime and require rehabilitation.
Q2: Who decides the amount of compensation awarded?
A2: The District Legal Service Authority or the State Legal Service Authority decides the quantum of compensation based on court recommendations.
Q3: What happens if the trial court finds the compensation under section 395 inadequate?
A3: The trial court can recommend additional compensation if it believes the previous amount is insufficient for rehabilitation.
Q4: Can victims apply for compensation if the offender is not identified?
A4: Yes, if the victim is identified, they can apply for compensation even if the offender is not traced.
Q5: How quickly must the State or District Legal Services Authority award compensation?
A5: The authority must complete its enquiry and award compensation within two months of receiving recommendations or applications.
Q6: What kind of immediate assistance can victims receive?
A6: Victims may receive immediate first-aid or medical benefits free of cost based on certification from a police officer or Magistrate.
Example
- Example of Compensation Process:
If a victim of a violent crime applies to the District Legal Services Authority after a court recommends compensation. The authority conducts an enquiry and awards compensation within two months.
- Example of Immediate Assistance:
Following an incident, a police officer certifies the need for medical assistance, enabling the victim to receive immediate healthcare without any charges.
Summary
Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes a framework for a victim compensation scheme. It mandates state cooperation with the central government to provide timely compensation and support for victims. The section also highlights procedures for determining compensation amounts and offering immediate medical assistance to alleviate victims' suffering.
