A Victim Compensation Scheme lets a victim of crime, or a dependant, receive money from the State to help rebuild life after the offence, separately from any fine or compensation a convicted accused is ordered to pay. You apply through the State or District Legal Services Authority (SLSA or DLSA), and you can claim even if no one is caught, no one is convicted, or the trial is still going on. This guide explains who qualifies, how much you can get, and the exact steps to claim.
The scheme matters because justice in a criminal case is slow, and conviction is never guaranteed. The law recognises that a victim's loss, whether medical bills, the loss of a breadwinner, trauma or rehabilitation, is real regardless of whether the prosecution succeeds. The victim compensation scheme fills that gap with State-funded relief.
What is the Victim Compensation Scheme?
The legal foundation was Section 357A of the Code of Criminal Procedure (CrPC), inserted in 2009, which directed every State Government, in coordination with the Central Government, to prepare a scheme for compensating victims or their dependants who have suffered loss or injury as a result of a crime and who need rehabilitation.
Key takeaway. From 1 July 2024 the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the victim-compensation provision is now Section 396 BNSS. The compensation a court orders a convicted accused to pay, formerly Section 357 CrPC, is now Section 395 BNSS. Older cases and many existing State schemes still refer to Section 357A CrPC, and both names describe the same entitlement. Always check your State's currently notified scheme before filing.
Each State and Union Territory frames and funds its own scheme, so the amounts and exact forms differ between, say, Karnataka, Maharashtra and Delhi. To reduce that disparity, there is also a national framework, commonly referred to as the Central Victim Compensation Fund, together with a model scheme prepared by the National Legal Services Authority (NALSA), which sets indicative minimum amounts that States are expected to follow.
Section 396(7) BNSS makes the point explicitly: compensation payable by the State under the scheme is in addition to any fine paid over to the victim under Sections 65, 70 and 124(1) of the Bharatiya Nyaya Sanhita, 2023. State compensation is a top-up, not a substitute.
The four provisions that make up the statutory framework, at a glance.
Section 357A CrPC, 2009
Directed every State Government, in coordination with the Centre, to prepare a scheme compensating victims or dependants who suffered loss or injury and need rehabilitation.
Section 396 BNSS
From 1 July 2024 the CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and the victim compensation provision is now Section 396. The entitlement is the same.
Section 395 BNSS
The compensation a court orders a convicted accused to pay, formerly Section 357 CrPC. It comes from the accused, not from the State fund.
Section 396(7) BNSS
State compensation is in addition to any fine paid over to the victim under Sections 65, 70 and 124(1) of the Bharatiya Nyaya Sanhita, 2023.
Compensation from the State vs compensation from the accused
These are two different things, and a victim may be entitled to both.
| Feature | Compensation from the accused | Victim Compensation Scheme (State) |
|---|---|---|
| Source of money | The convicted accused | State or District Legal Services Authority fund |
| Legal basis | Fine and compensation on conviction, Section 357 CrPC, now Section 395 BNSS | Section 357A CrPC, now Section 396 BNSS |
| Needs a conviction? | Usually yes | No. Payable even if the accused is untraced or acquitted |
| Who decides | The trial court | The SLSA or DLSA |
| When | At or after sentencing | At any stage, including before the trial ends |
| Purpose | Punishment and restitution | Rehabilitation of the victim |
| Can you have both? | Yes. Section 396(7) BNSS says State compensation is in addition to fine paid to the victim | |
Who can claim victim compensation?
You can usually claim if you fall within one of these categories:
- The victim, a person who has suffered loss or injury, physical, mental or financial, caused by the offence.
- Dependants of the victim, for example, where the victim has died, the spouse, children or parents who depended on them.
- In specific schemes, legal heirs and, for certain offences, the victim's guardian where the victim is a minor or unable to apply.
Importantly, the right does not depend on the offender being identified or convicted. Section 396(4) BNSS specifically covers the case where the offender is not traced or identified but the victim is, and no trial takes place. In that situation the victim or the dependants may apply directly to the DLSA or SLSA.
Common mistake. Assuming that a case which went nowhere means there is no money. The most under-used provision in the whole scheme is Section 396(4) BNSS, the untraced-offender route. If the police filed a closure report, if the accused was never identified, or if the trial ended in acquittal, you can still apply. Nothing about the outcome of the criminal case defeats a rehabilitation claim.
How much compensation can you get?
There is no single all-India figure. Amounts are fixed by each State's notified scheme, guided by the NALSA model amounts. Schemes typically set minimum and maximum bands for different categories of harm.
| Category of loss | What it covers | Typical treatment in State schemes |
|---|---|---|
| Loss of life | Compensation to dependants where the victim has died | One of the highest bands; dependency and age are relevant |
| Rape or sexual assault | Medical care, trauma, rehabilitation and relocation | Higher statutory minimums, with enhanced amounts for minor victims |
| Acid attack | Disfigurement, reconstructive surgery, medical and rehabilitation costs | Usually a high mandated minimum, plus free immediate treatment |
| Grievous hurt or permanent disability | Injury, treatment and loss of earning capacity | Banded by percentage of disability in many schemes |
| Victim of trafficking | Rescue, rehabilitation and reintegration costs | Separate head in most schemes |
| Child victim | Medical, psychological and educational support | Enhanced amounts under child-specific provisions |
Do not treat any specific rupee figure as fixed. Verify your State scheme's current schedule, because these amounts are revised periodically. The authority deciding your claim can award an amount within the band after assessing the actual loss, medical expenses and rehabilitation needs.
How to claim: step-by-step
The process is designed to be accessible without heavy litigation. In practice it runs like this:
- Identify the right authority. Apply to the District Legal Services Authority of the district where the crime occurred, or to the State Legal Services Authority. The DLSA is usually located in the district court complex.
- Make the application. You can apply directly. Often the claim is also recommended by the court. Under Section 396(3) BNSS, where the trial court is satisfied that compensation awarded under Section 395 is not adequate for rehabilitation, or where the case ends in acquittal or discharge and the victim still needs rehabilitation, it may make a recommendation. The police may also forward your details.
- Attach supporting documents. Typically a copy of the FIR, medical records and injury report, post-mortem report in death cases, proof of identity, proof of relationship and dependency for dependants, and bank details. Keep originals safe and submit attested copies.
- Enquiry by the authority. The DLSA or SLSA conducts an enquiry to verify the loss and decide a just amount. Section 396(5) BNSS requires the authority to award adequate compensation by completing the enquiry within two months.
- Award and disbursal. The authority passes an order fixing the amount and arranges payment, usually directly into the victim's bank account.
Interim and emergency relief
You do not always have to wait for the full enquiry. Section 396(6) BNSS allows the authority, in order to alleviate the suffering of the victim, to order immediate first-aid facility or medical benefits free of cost on the certificate of a police officer not below the rank of officer in charge of a police station, or of a Magistrate of the area, or to grant any other interim relief it thinks fit. Acid-attack and serious-injury victims in particular should invoke this rather than waiting.
Deadline warning. The two-month enquiry period in Section 396(5) BNSS binds the authority, not you, and in practice it slips. Separately, several State schemes impose their own limitation period for making the application, often measured from the date of the offence or the FIR. Those two clocks are frequently confused. Apply early, keep the dated acknowledgement of your application, and if you are already out of time under the State scheme, ask for condonation with reasons rather than assuming the claim is dead.
The claim route and the timelines the BNSS fixes for it, side by side.
Apply to the DLSA
Apply to the District Legal Services Authority of the district where the crime occurred, or to the State authority. The DLSA usually sits in the district court complex.
Section 396(3) recommendation
The trial court may recommend compensation where the award under Section 395 is not adequate for rehabilitation, or where the case ends in acquittal or discharge.
Two month enquiry
Section 396(5) BNSS requires the authority to award adequate compensation by completing the enquiry within two months. That period binds the authority, not the applicant.
Immediate interim relief
Section 396(6) allows free first aid or medical benefits on the certificate of the station house officer or a Magistrate, plus any other interim relief the authority thinks fit.
Documents to gather before you apply
- A copy of the FIR, and the final report or closure report if one has been filed.
- Medical records: casualty notes, discharge summary, treatment bills, disability certificate where relevant.
- Post-mortem report and death certificate in death cases.
- Proof of identity and address of the applicant.
- Proof of relationship and dependency, such as a ration card, school records, or a legal heir certificate.
- Proof of income or loss of earnings, where claimed.
- Bank account details for direct disbursal.
- Any court order or recommendation already made in the criminal case.
Practical pointers from the ground
- File the FIR promptly and keep a copy. The FIR number anchors almost every later step.
- Preserve every medical bill and report. The award is loss-based, and documentation directly affects the amount.
- Apply even in a no-arrest or untraced case. This is the most under-used part of the law, because you can claim with no accused in the dock.
- A pending or failed criminal case is not a bar. You can apply during trial, and even after acquittal.
- Ask the trial court for a recommendation. A recommendation under Section 396(3) BNSS carries weight with the authority and speeds matters up.
- Use Legal Services Authorities for help. Legal aid for filing the claim itself is free for eligible persons, and the same authority that decides the claim can help you prepare it.
Mistakes that reduce or delay awards
- Applying with no medical documentation. The enquiry assesses actual loss. Undocumented injuries tend to attract the lower end of the band.
- Claiming only for the injury and forgetting rehabilitation. Loss of earning capacity, future treatment, relocation and education of dependent children are all legitimate heads.
- Not naming all dependants. Where the victim has died, an incomplete list of dependants creates apportionment disputes later.
- Treating the accused's compensation as the ceiling. State compensation is separate and additional.
- Missing the interim relief route. Emergency medical relief under Section 396(6) is available at once and does not reduce the final award.
Victim compensation sits at the intersection of criminal procedure and victim rights, and getting the heads of loss and the documentation right materially affects the award. If you are dealing with the criminal process as a victim or an accused, our criminal defence and prosecution practice can explain your options. You may also find our guides on understanding the FIR and your rights and what happens after a chargesheet is filed useful for the wider picture.
For the statutory text and official material, you can refer to the India Code portal for the relevant criminal procedure law at indiacode.nic.in.
Frequently Asked Questions
Can I claim victim compensation if the accused was never caught?
Yes. Under Section 396(4) BNSS, where the offender is not traced or identified but you are, and no trial takes place, you can apply directly to the DLSA or SLSA. State funding does not depend on catching the accused.
Do I need a conviction to receive compensation under the scheme?
No. Unlike compensation ordered against a convicted accused, the State scheme can pay even on acquittal, discharge, or where the case never reaches trial, as long as you need rehabilitation.
Which section applies now, 357A CrPC or 396 BNSS?
For offences and proceedings from 1 July 2024, Section 396 BNSS. Older matters and many State scheme documents still refer to Section 357A CrPC. The entitlement is the same.
Where do I apply?
To the District Legal Services Authority of the district where the offence occurred, or to the State Legal Services Authority. Both are part of the legal services network and assist victims free of cost.
How much money can I get?
It depends on your State's notified scheme and the actual loss, with minimum and maximum bands fixed for categories such as death, rape, acid attack and grievous hurt. Verify the current schedule for your State.
How long should the enquiry take?
Section 396(5) BNSS requires the authority to complete the enquiry and award compensation within two months of receiving the recommendation or application.
Can I get money before the enquiry is finished?
Yes. Section 396(6) BNSS allows immediate first-aid or medical benefits free of cost on the certificate of the station house officer or a Magistrate, and any other interim relief the authority thinks fit.
Is this separate from compensation the court orders the accused to pay?
Yes. A court can order the convicted accused to pay compensation under Section 395 BNSS, and you may additionally be entitled to State compensation. Section 396(7) BNSS puts this beyond doubt.
Do I need a lawyer to apply?
No. The application can be made directly, and the Legal Services Authorities provide free assistance to eligible persons. A lawyer helps most where the heads of loss are complex or an award is inadequate.
Is there a time limit to apply?
Some State schemes prescribe a limitation period. Apply as early as possible and, if you are out of time, take legal advice, because authorities can sometimes condone delay for good reason.
Written by Sharan Jain, Advocate, S Jain & Attorneys, Bengaluru. General information, not legal advice. Please consult a qualified advocate about your specific matter.
