The Bharatiya Nagarik Suraksha Sanhita, 2023
ARRANGEMENT OF SECTIONS
CHAPTER XXIX: THE JUDGMENT
Section 397: Treatment of victims.
Bare Act
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 64, section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023
- 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.
Simplified Act
All hospitals, whether they are public or private, and whether they are run by the Central Government, State Government, local bodies, or any other person, must do the following:
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Provide first-aid or medical treatment for free to victims of any crime mentioned in:
- Section 64, 65, 66, 67, 68, 70, 71, or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023
- Sections 4, 6, 8, or 10 of the Protection of Children from Sexual Offences Act, 2012
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Inform the police about the incident immediately.
Explanation using examples
Example 1:
Ravi, a 35-year-old man, is attacked and injured by a group of assailants while walking home from work. He suffers severe injuries and is rushed to the nearest private hospital by a passerby. Under Section 397 of the Bharatiya Nagarik Suraksha Sanhita 2023, the hospital is required to provide Ravi with immediate first-aid and medical treatment free of cost. The hospital must also inform the police about the incident without any delay. Ravi receives the necessary medical care, and the police are able to start their investigation promptly.
Example 2:
Priya, a 14-year-old girl, is a victim of sexual assault covered under section 4 of the Protection of Children from Sexual Offences Act, 2012. She is taken to a government hospital by her parents. According to Section 397 of the Bharatiya Nagarik Suraksha Sanhita 2023, the hospital must provide Priya with immediate medical treatment at no cost. Additionally, the hospital staff must notify the police about the assault right away. Priya receives the required medical attention, and the police are informed to take further action.
Example 3:
Sunita, a 28-year-old woman, is injured in a domestic violence incident, which falls under section 66 of the Bharatiya Nyaya Sanhita, 2023. Her neighbor takes her to a local municipal hospital. As per Section 397 of the Bharatiya Nagarik Suraksha Sanhita 2023, the hospital is obligated to provide Sunita with free first-aid and medical treatment. The hospital must also report the incident to the police immediately. Sunita gets the necessary medical help, and the police are alerted to investigate the matter.
Example 4:
Amit, a 10-year-old boy, is found unconscious and injured in a park, suspected to be a victim of an offense under section 8 of the Protection of Children from Sexual Offences Act, 2012. A concerned citizen takes him to a nearby private hospital. Under Section 397 of the Bharatiya Nagarik Suraksha Sanhita 2023, the hospital must provide Amit with immediate medical treatment free of charge and inform the police about the incident right away. Amit receives the medical care he needs, and the police are notified to investigate the case.
