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

BNSS

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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...

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