TL;DR
The BNSS strengthens victim rights across multiple dimensions. Section 396 (replacing CrPC Section 357A) creates a more structured victim compensation scheme with broader coverage — including cases where the offender is not traced, and cases ending in acquittal or discharge. The Legal Services Authority must complete its inquiry and award compensation within 2 months. Section 360 BNSS addresses a critical gap by requiring the court to hear the victim before permitting prosecution withdrawal, a safeguard absent from CrPC Section 321. Victims now have the right to receive copies of all case documents within 14 days of chargesheet filing. The "victim" definition under Section 2(1)(y) BNSS is broader, explicitly including legal heirs and guardians. These changes collectively shift the Indian criminal justice system toward a more victim-centric model.
Overview of Changes
| Old Section (CrPC) | Provision | New Section (BNSS) | Change Type | Brief Note |
|---|---|---|---|---|
| Section 357 | Compensation to victim upon conviction | Section 395 | Retained with minor changes | Court can order compensation from fine amount |
| Section 357A | Victim compensation scheme | Section 396 | Substantially enhanced | Broader coverage, 2-month timeline, structured process |
| Section 357B | Compensation in addition to fine | Section 397 | Retained | Substantively unchanged |
| Section 357C | Treatment of acid attack and rape victims | Section 398 | Retained | Free first-aid and medical treatment continues |
| Section 321 | Withdrawal from prosecution | Section 360 | Modified | Victim must be heard before withdrawal |
| Section 372 | Victim's right to appeal | Section 373 | Retained | Right to appeal against acquittal/conviction for lesser offence |
| Section 24(8) | Victim's right to engage advocate | Section 18 | Enhanced | Expanded victim participation rights |
| — | Definition of "victim" | Section 2(1)(y) | Expanded | Includes guardian, legal heirs explicitly |
| — | Supply of documents to victim | Section 193 | New | Victim receives documents within 14 days |
Detailed Comparison
Compensation Upon Conviction (Section 357 CrPC vs Section 395 BNSS)
What the old law said: Section 357 CrPC empowered the court, when passing a sentence including a fine, to direct that the whole or any part of the fine be applied to compensating the victim for loss or injury. The court could also order compensation in cases where the sentence did not include a fine, for expenses incurred in prosecution, and for compensation to a person who acted in good faith.
What the new law says: Section 395 BNSS retains this framework with streamlined language. The court's power to direct compensation from fine amounts and to order standalone compensation continues.
What specifically changed: No substantive change. The provision has been linguistically updated but the compensation framework remains identical.
Victim Compensation Scheme (Section 357A CrPC vs Section 396 BNSS)
What the old law said: Section 357A CrPC (introduced by the 2009 Amendment) required every state government to prepare a scheme for compensation to victims or their dependents who suffered loss or injury as a result of the crime and who required rehabilitation. The District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) could be recommended by the court for compensation.
What the new law says: Section 396 BNSS substantially enhances this framework:
Broader coverage: The scheme now explicitly covers:
- Cases where the offender is not traced or identified
- Cases ending in acquittal or discharge — a significant expansion, as victims previously had no statutory right to compensation when the accused was acquitted
- Cases where the victim requires rehabilitation regardless of trial outcome
Two-month processing timeline: The Legal Services Authority must complete its inquiry and award compensation within 2 months of receiving the recommendation or application.
Interim relief: Immediate first-aid or medical benefits can be provided upon certification by a police officer not below the rank of officer in charge of a police station, or by a Magistrate.
Direct application: Victims can apply directly to the DLSA or SLSA for compensation, without waiting for a court recommendation.
State Government obligation: The State Government must ensure adequate funds are available in the victim compensation fund.
What specifically changed: Three key enhancements:
- Extension of compensation to acquittal/discharge cases
- 2-month processing deadline
- Direct application mechanism
Practical impact: Victims' representatives should proactively file compensation applications with the DLSA upon acquittal or discharge, citing Section 396. The 2-month deadline creates an enforceable right to timely processing.
Victim's Voice in Prosecution Withdrawal (Section 321 CrPC vs Section 360 BNSS)
What the old law said: Section 321 CrPC allowed the Public Prosecutor to withdraw from the prosecution of any person at any stage before the judgment was pronounced, with the consent of the court. The victim had no statutory right to be heard before the court granted consent.
What the new law says: Section 360 BNSS adds a critical safeguard: the court must hear the victim before granting consent to withdrawal. The victim's views must be recorded before the court decides whether to permit the prosecution to withdraw.
What specifically changed: This is a significant new right for victims. Under the old law, prosecution withdrawal was a matter between the prosecution and the court, with the victim having no formal role. The BNSS ensures the victim's voice is considered, though the court's decision to permit withdrawal is not contingent on the victim's consent.
Practical impact: Defence counsel seeking prosecution withdrawal must now account for the victim's likely opposition. Victim advocates should prepare structured submissions explaining why withdrawal would be unjust, covering the victim's suffering, the strength of available evidence, and the public interest in prosecution.
Definition of "Victim" (Section 2(wa) CrPC vs Section 2(1)(y) BNSS)
What the old law said: Section 2(wa) CrPC (introduced in 2009) defined "victim" as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged, and the expression "victim" includes the guardian or legal heir of such victim.
What the new law says: Section 2(1)(y) BNSS retains and clarifies this definition, explicitly including:
- The person who has suffered loss or injury
- His or her guardian
- His or her legal heirs
What specifically changed: The definition is substantively identical but uses clearer language. The explicit inclusion of "his or her" addresses gendered assumptions in the old text.
Supply of Documents to Victim (New — Section 193 BNSS)
What the old law said: Section 173(5) CrPC required documents to be furnished to the accused but made no specific provision for the victim to receive copies.
What the new law says: Section 193 BNSS mandates that copies of the police report, FIR, recorded statements, confessions, and other documents must be supplied to both the accused and the victim within 14 days of chargesheet filing.
What specifically changed: This is entirely new. For the first time, the victim has a statutory right to receive all case documents on the same timeline as the accused.
Practical impact: Victims and their advocates can now independently assess the strength of the prosecution case, identify weaknesses, and prepare for trial from an informed position. This transforms the victim from a passive witness to an active participant in the criminal process.
Victim's Right to Appeal (Section 372 CrPC vs Section 373 BNSS)
What the old law said: Section 372 CrPC (inserted in 2009) gave the victim the right to prefer an appeal against any order of acquittal, conviction for a lesser offence, or imposition of inadequate compensation. The appeal could be filed to the court to which an appeal ordinarily lies against the order of conviction.
What the new law says: Section 373 BNSS retains this right substantively unchanged.
What specifically changed: No change. The victim's appellate right continues.
Treatment of Acid Attack and Rape Victims (Section 357C CrPC vs Section 398 BNSS)
What the old law said: Section 357C CrPC (inserted in 2013 after the Criminal Law Amendment) mandated that all hospitals, public or private, must immediately provide free first-aid or medical treatment to acid attack and rape victims. The hospital could not refuse treatment on any grounds.
What the new law says: Section 398 BNSS retains this mandatory treatment obligation.
What specifically changed: No change. The obligation on hospitals to provide immediate free treatment continues.
New Provisions with No Old Equivalent
| Section | Provision | Details |
|---|---|---|
| Section 360 (victim hearing) | Victim must be heard before prosecution withdrawal | Fills the gap in old Section 321 CrPC |
| Section 396 (acquittal compensation) | Compensation available even after acquittal/discharge | Extends victim compensation beyond conviction cases |
| Section 193 (document supply) | Victim receives case documents within 14 days | First statutory right of victim to receive case papers |
| Section 396 (2-month timeline) | Compensation processing within 2 months | Time-bound obligation on Legal Services Authority |
Practical Checklist for Practitioners
- Advise victim clients of their right to receive all case documents within 14 days of chargesheet filing under Section 193 BNSS
- File compensation applications with the DLSA proactively — do not wait for court recommendation, as Section 396 allows direct application
- In acquittal cases, immediately file compensation application under Section 396 — the scheme now explicitly covers acquittal/discharge situations
- Track the 2-month processing deadline — if the Legal Services Authority fails to process within this period, file a compliance application
- When the prosecution seeks to withdraw a case, ensure the victim's right to be heard under Section 360 is exercised — prepare detailed written submissions
- For acid attack and rape cases, invoke Section 398 to demand immediate free treatment at any hospital — refusal is actionable
- If convicted for a lesser offence or inadequate sentence, advise the victim of appeal rights under Section 373 BNSS
- Engage with the public prosecutor actively — the victim's advocate can assist the prosecution under Section 18 BNSS
- Ensure interim relief (first-aid/medical) is certified by the police officer or Magistrate and provided immediately under Section 396
Recent judicial developments (post-July 2024)
The following cases from the Veritect Legal Intelligence database illustrate how courts are interpreting victim rights and witness protection provisions in the post-July 2024 era:
Waris v. State of Madhya Pradesh (8 May 2025)
Court: Supreme Court of India | Judges: Vikram Nath, Sanjay Karol, Sandeep Mehta | Result: Conviction and death sentence set aside; de novo witness examination ordered
The Supreme Court set aside a conviction and death sentence in a POCSO/murder case, remitting the matter for de novo examination of the star prosecution witness with adequate legal aid and witness protection. The Court invoked Section 408 BNSS (corresponding to Section 367 CrPC) and Section 432 BNSS (corresponding to Section 391 CrPC) and directed that the Witness Protection Scheme must be implemented for the victim's safety. The Court held that providing an experienced legal aid defence counsel and then denying adequate time to prepare amounts to a mistrial. Critically, the Court directed that complete records must be provided to legal aid defence counsel at least 15 days before witness examination — reinforcing the BNSS Section 193 document supply timeline.
Veritect reference: 2025_5_842_855_EN
The *Suresh v. State of Haryana* framework continues
The Supreme Court's landmark 2022 judgment in Suresh v. State of Haryana — which held that Section 357A CrPC imposes a mandatory duty on courts to award compensation irrespective of application — remains the governing framework for victim compensation. This principle now applies with greater force under Section 396 BNSS, which broadens compensation to acquittal/discharge cases and imposes a 2-month processing deadline. The Court's direction that failure to consider compensation constitutes a "legal error" directly informs how Section 396 BNSS should be applied.
Veritect reference: Diary_10248-2010_Judgment
Emerging patterns
Based on available post-July 2024 court orders:
Witness protection is being actively enforced: The Waris ruling demonstrates that the Supreme Court is treating witness protection as a mandatory component of fair trial, not a discretionary add-on. This strengthens the BNSS's victim-centric framework.
Document supply timelines are being monitored: The Court's direction for 15-day advance provision of records in Waris aligns with and reinforces the BNSS Section 193 requirement of 14-day document supply to both accused and victim.
Section 396 BNSS's acquittal compensation provisions remain untested: No reported case has yet tested the new provision allowing victim compensation in acquittal cases. This is likely to generate significant litigation as defence counsel may argue that compensation upon acquittal creates a perverse incentive.
Victim's right to be heard on prosecution withdrawal (Section 360 BNSS) is awaited: No post-July 2024 case testing this new provision was identified, but it is likely to generate early jurisprudence given the frequency of prosecution withdrawal applications.
Frequently Asked Questions
Can a victim now get compensation even if the accused is acquitted?
Yes. Section 396 BNSS explicitly covers cases where the offender is not traced or identified, and cases ending in acquittal or discharge. The victim or their dependent can apply directly to the DLSA or SLSA for compensation under the state victim compensation scheme.
What is the timeline for processing victim compensation?
The Legal Services Authority must complete its inquiry and award compensation within 2 months of receiving the recommendation or application. This is a new mandatory timeline not present in the CrPC.
Does the victim have a right to oppose prosecution withdrawal?
Yes. Section 360 BNSS requires the court to hear the victim before granting consent to prosecution withdrawal. While the final decision rests with the court, the victim's views must be recorded and considered. This is a new right not available under the old CrPC Section 321.
Can victims now access all case documents?
Yes. Section 193 BNSS mandates supply of the police report, FIR, recorded statements, and other documents to the victim within 14 days of chargesheet filing. This is a new statutory right, enabling victims to participate meaningfully in the criminal process.
Does the victim compensation scheme require a separate application?
Compensation can be triggered in two ways: (1) the court may recommend compensation to the Legal Services Authority during trial or sentencing, or (2) the victim can directly apply to the DLSA or SLSA. The direct application route is particularly useful in acquittal cases or where the court does not make a recommendation.