What Is BNSS Section 397?

    Bharatiya Nagarik Suraksha Sanhita(BNSS)
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Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 397: Treatment of Victims

All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 122, section 64, section 66, section 67, section 68, section 70, section 71 or section 122 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 incident.

Brefe Detail

Section 397 mandates that all hospitals provide immediate first-aid or medical treatment at no cost to victims of specified offenses. This includes those under the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012. Hospitals are also required to inform the police about the incidents.

Question & Answers

Q1: What is required of hospitals under Section 397?

A1: Hospitals must provide immediate first-aid or medical treatment free of cost to victims of specified offenses and inform the police of the incident.

Q2: Which offenses are covered under this section?

A2: Offenses covered include those under sections 122, 64, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023, and sections 4, 6, 8, and 10 of the Protection of Children from Sexual Offences Act, 2012.

Q3: Who is responsible for implementing this provision?

A3: All hospitals, whether public or private, are responsible for implementing this provision.

Q4: Is there any cost for the treatment provided to the victims?

A4: No, the treatment must be provided free of cost to the victims.

Q5: What should hospitals do after treating a victim?

A5: Hospitals must immediately inform the police about the incident.

Example

- Example of Treatment Provision:
A victim of assault arrives at a public hospital. The hospital staff provides immediate first-aid and medical care without charging any fees, while also notifying the police of the incident.

- Example of Reporting to Police:
A child victim of abuse is treated at a private hospital. After providing medical care, the hospital informs the police as required by law.

Summary

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 emphasizes the obligation of hospitals to provide immediate and free medical treatment to victims of specific offenses. This provision aims to ensure that victims receive necessary medical attention without delay while also facilitating communication with law enforcement authorities.

Answer By Law4u Team

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