Section 396 of BNSS : Section 396: Victim compensation scheme.

Explanation using Example

Example 1:

Scenario: A woman named Priya was a victim of a violent assault in Maharashtra. The assailant was caught and convicted, but Priya suffered severe injuries and required extensive medical treatment and rehabilitation.

Application of the Act:

1. Compensation Scheme Preparation: The Maharashtra State Government, in coordination with the Central Government, has a scheme in place to provide funds for victims like Priya.
2. Court Recommendation: During the trial, the court recommended that Priya should receive compensation for her injuries and rehabilitation.
3. Determination of Compensation: The District Legal Service Authority (DLSA) in Maharashtra reviewed the court's recommendation and decided the amount of compensation Priya should receive.
4. Additional Compensation: If the court finds that the compensation under Section 395 is insufficient, it can recommend additional compensation for Priya.
5. Immediate Relief: The DLSA also ordered immediate medical benefits and first-aid facilities for Priya, based on a certificate from the police officer in charge.
6. Final Compensation: The compensation awarded to Priya by the State Government is in addition to any fines imposed on the assailant under other relevant sections of the Bharatiya Nyaya Sanhita, 2023.

Example 2:

Scenario: A man named Rajesh was a victim of a hit-and-run accident in Delhi. The driver responsible for the accident was not identified, and no trial took place. Rajesh suffered significant injuries and was unable to work for several months.

Application of the Act:

1. Compensation Scheme Preparation: The Delhi State Government, in coordination with the Central Government, has a scheme to provide funds for victims like Rajesh.
2. Application for Compensation: Since the offender was not identified and no trial took place, Rajesh applied to the State Legal Services Authority (SLSA) for compensation.
3. Enquiry and Award: The SLSA conducted an enquiry into Rajesh's application and, within two months, awarded him adequate compensation for his injuries and loss of income.
4. Immediate Relief: To alleviate Rajesh's suffering, the SLSA ordered immediate medical benefits and first-aid facilities for him, based on a certificate from the police officer in charge.
5. Final Compensation: The compensation awarded to Rajesh by the State Government is in addition to any other interim relief provided by the appropriate authority.

Example 3:

Scenario: A child named Anjali was a victim of human trafficking in West Bengal. The traffickers were arrested, but the trial ended in acquittal due to lack of evidence. Anjali needed rehabilitation and support to reintegrate into society.

Application of the Act:

1. Compensation Scheme Preparation: The West Bengal State Government, in coordination with the Central Government, has a scheme to provide funds for victims like Anjali.
2. Court Recommendation: Despite the acquittal, the trial court recommended that Anjali should receive compensation for her rehabilitation.
3. Determination of Compensation: The State Legal Service Authority (SLSA) in West Bengal reviewed the court's recommendation and decided the amount of compensation Anjali should receive.
4. Immediate Relief: The SLSA also ordered immediate medical benefits and first-aid facilities for Anjali, based on a certificate from the police officer in charge.
5. Final Compensation: The compensation awarded to Anjali by the State Government is in addition to any other interim relief provided by the appropriate authority.

Example 4:

Scenario: A farmer named Ramesh in Uttar Pradesh was a victim of a robbery where he was severely injured, and his savings were stolen. The robbers were not caught, and no trial took place.

Application of the Act:

1. Compensation Scheme Preparation: The Uttar Pradesh State Government, in coordination with the Central Government, has a scheme to provide funds for victims like Ramesh.
2. Application for Compensation: Since the offenders were not identified and no trial took place, Ramesh applied to the District Legal Services Authority (DLSA) for compensation.
3. Enquiry and Award: The DLSA conducted an enquiry into Ramesh's application and, within two months, awarded him adequate compensation for his injuries and loss of savings.
4. Immediate Relief: To alleviate Ramesh's suffering, the DLSA ordered immediate medical benefits and first-aid facilities for him, based on a certificate from the police officer in charge.
5. Final Compensation: The compensation awarded to Ramesh by the State Government is in addition to any other interim relief provided by the appropriate authority.