How to Apply for Victim Compensation in India — Step-by-Step Guide

To apply for victim compensation in India, submit an application to the District Legal Services Authority (DLSA) in your district under the State Victim Compensation Scheme framed under Section 357A CrPC (now Section 396 BNSS). The process is completely free and covers victims of acid attacks, sexual offences, murder, motor accidents, human trafficking, and other violent crimes. Compensation ranges from ₹2 lakh to ₹10 lakh depending on the crime and state scheme. The DLSA must complete its inquiry and award compensation within 2 months.

Who can apply for victim compensation

• Any person who is a victim of a crime — someone who has suffered loss or injury as a result of a criminal act, including physical, mental, psychological, or monetary harm
• The dependents or legal heirs of a victim who has died as a result of the crime
• A parent or guardian on behalf of a minor victim
• A person can apply whether or not:
  • An FIR has been registered (compensation is available even when the accused is untraced)
  • A trial is pending or completed
  • The accused has been convicted or acquitted

Specifically eligible categories:

• Victims of sexual offences (rape, sexual assault, child sexual abuse under POCSO)
• Victims of acid attacks
• Victims of human trafficking
• Victims of motor vehicle accidents (if the driver is untraced or uninsured)
• Dependents of murder/homicide victims
• Victims of domestic violence and dowry harassment
• Victims of violent crimes causing grievous hurt, permanent disability, or loss of limb
• Victims where the accused cannot be traced or identified
• Victims where the trial does not take place for any reason
• Victims where the court's compensation order under Section 357 CrPC / Section 395 BNSS is inadequate

You cannot claim if:

• The loss was caused by a natural disaster or accident not involving a criminal act
• You are the accused in the criminal case (not the victim)
• You have already received adequate compensation through a court order under Section 357 CrPC / Section 395 BNSS or through an insurance claim for the same incident

Documents you will need

Mandatory documents

• Application form — Written application addressed to the DLSA Secretary (some states have prescribed forms; many accept plain paper applications)
• FIR copy — Copy of the First Information Report, if registered. If no FIR exists, explain why (e.g., accused untraced, police refused — the scheme still applies)
• Identity proof — Aadhaar card, voter ID, or any government-issued photo ID of the victim or applicant
• Medical certificate / post-mortem report — For injuries or death cases, medical documentation of the harm suffered
• Proof of relationship — If applied by dependents (death certificate of victim + proof of relationship such as marriage certificate, birth certificate, ration card)

Additional documents (if applicable)

• Disability certificate — Issued by a government hospital (for permanent disability cases)
• Income certificate — To demonstrate financial vulnerability (some state schemes consider the economic condition of the victim)
• Court order — If the court has already ordered compensation under Section 357/395 and it is inadequate, attach the court order to show the gap

Step-by-step process

Step 1: Identify the applicable Victim Compensation Scheme (VCS) of your state

Each state has its own Victim Compensation Scheme framed under Section 357A CrPC / Section 396 BNSS. The compensation amounts, eligibility criteria, and procedures vary by state. The scheme is funded by the state government.

Where: Visit the DLSA or SLSA website of your state, or contact the DLSA office in your district court complex Key information to note: The compensation slab for different crimes in your state (e.g., acid attack, rape, murder, grievous hurt)

Tip: Most state VCS schemes provide the following approximate ranges (these vary):

• Loss of life (murder): ₹3 lakh-10 lakh (to dependents)
• Rape/sexual assault: ₹3 lakh-10 lakh
• Acid attack: ₹3 lakh-8 lakh (plus medical treatment costs)
• Permanent disability (80%+): ₹3 lakh-7 lakh
• Grievous hurt: ₹1 lakh-4 lakh
• Minor hurt: ₹50,000-2 lakh
• Women victims of violence: ₹2 lakh-7 lakh The Central Victim Compensation Fund Scheme also supplements state schemes for certain categories.

Step 2: Prepare and submit the application to DLSA

Draft a written application addressed to the Secretary, District Legal Services Authority of the district where:

• The crime was committed, OR
• Where you (the victim) ordinarily reside

The application should state:

• Your name, address, and contact details
• Brief facts of the crime (when, where, what happened)
• FIR details (if registered) — FIR number, date, police station, sections invoked
• Nature of harm suffered (physical injury, death, sexual assault, acid attack, etc.)
• Compensation amount sought (based on the state VCS slabs)
• Documents attached

Where: DLSA office located in the district court complex Fee: Completely free — no fees at any stage How: Submit in person at the DLSA office, or send by registered post

Tip: You do not need a lawyer to file this application. The DLSA itself provides free legal aid and assistance in filing. If you need help, visit the DLSA office and ask for the legal aid lawyer on duty — they will help you draft and file the application at no cost.

Step 3: Alternatively, the court can recommend compensation

If a criminal trial is ongoing or has concluded, the trial court itself can recommend compensation to the DLSA/SLSA under Section 357A CrPC / Section 396 BNSS. This happens when:

• The compensation awarded by the court under Section 357 is inadequate
• The accused is convicted but has no means to pay
• The accused is acquitted but the victim clearly suffered harm (acquittal does not mean no compensation — the victim still suffered)

Important under BNSS Section 396: The court at the conclusion of the trial must mandatorily inform the victim of their right to apply for compensation. This is a new obligation not present in the old CrPC.

Tip: If you are the victim in a pending criminal trial, ask the court to recommend compensation to the DLSA even before the trial concludes — interim compensation is available under Section 357A(5) CrPC / Section 396(5) BNSS. Do not wait for the trial to end.

Step 4: DLSA conducts an inquiry

Upon receiving the application, the DLSA will:

1. Verify the facts stated in the application
2. Examine the FIR, medical reports, and other documents
3. Seek a report from the police on the status of the case (if an investigation is ongoing)
4. Assess the quantum of loss and the appropriate compensation
5. May call you for a brief hearing

Timeline: The inquiry should be completed within 2 months of receiving the application Nature: The inquiry is summary in nature — it is not a trial. The DLSA verifies the basic facts and the genuineness of the claim.

Tip: Cooperate fully with the DLSA's inquiry. Provide any additional documents they request promptly. If the DLSA is delaying the inquiry beyond 2 months, file a written reminder requesting expedited disposal.

Step 5: DLSA/SLSA awards compensation

Based on the inquiry, the DLSA recommends the compensation amount to the SLSA. The SLSA (or the DLSA, in states where the DLSA has been delegated authority) passes an order awarding compensation as per the state VCS slab rates.

Amount: Based on the state VCS — typically ₹2 lakh-10 lakh depending on the nature of the crime Disbursement: The compensation is paid from the Victim Compensation Fund maintained by the state government

Tip: The compensation amount is based on the state scheme's slab rates, not on your actual losses. However, in exceptional cases (like acid attacks requiring prolonged treatment), the SLSA can award amounts above the slab rates. Make a strong case for the severity of harm and ongoing treatment needs.

Step 6: Interim compensation (for urgent cases)

Under Section 357A(5) CrPC / Section 396(5) BNSS, interim compensation can be granted even during the pendency of the trial or investigation. This is available for:

• Victims who need immediate medical treatment
• Victims of sexual offences (especially under POCSO)
• Acid attack victims requiring reconstructive surgery
• Victims who are economically destitute

Where: Apply to the DLSA with a specific request for interim compensation citing urgency Timeline: The DLSA should grant interim compensation within 2-4 weeks in urgent cases

Tip: Under Section 357C CrPC / Section 398 BNSS, hospitals (both public and private) are mandatorily required to provide free first-aid and treatment to victims of acid attacks and sexual offences. If a hospital refuses, report to the police — refusal is a punishable offence. This provision ensures immediate medical care while the compensation application is processed.

Step 7: Receive the compensation

Once the compensation order is passed, the SLSA will direct the disbursement from the Victim Compensation Fund. The amount is typically credited directly to the victim's bank account.

Required for disbursement: Bank account details (account number, IFSC code), Aadhaar number, and a copy of the compensation order Timeline: Disbursement typically within 30-60 days of the compensation order

Tip: If the compensation is meant for medical treatment, request the DLSA to direct partial payment to the hospital directly. For minor victims, the compensation may be deposited in a fixed deposit in the victim's name until they attain majority.

Fees and costs

How long does it take

Can you do this online?

As of 2026, most DLSAs accept applications in person at the district court complex. However:

• Some states have introduced online portals for legal services applications (e.g., NALSA's portal)
• You can contact the DLSA by phone or email (contact details available at https://nalsa.gov.in/lsa)
• The NALSA helpline 15100 can guide you to the nearest DLSA and assist in initiating the process
• Application status can be tracked through the DLSA office

Practical tip: Visit the DLSA office in the district court complex. The front desk staff will guide you through the process. Legal aid paralegals and panel advocates are available to help you draft and file the application.

What if things go wrong

Problem: The DLSA says you cannot get compensation because no FIR was registered

Solution: This is incorrect. Under Section 357A(3) CrPC / Section 396(3) BNSS, compensation is specifically available when "the offender is not traced or identified, but the victim is identified, and where no trial takes place." The lack of an FIR does not disqualify you. Provide whatever evidence you have (medical reports, hospital records, witness statements) and insist on the application being processed.

Problem: The compensation awarded is much lower than your actual medical expenses

Solution: The state VCS slab rates are minimum amounts, not maximum caps. File an application for enhanced compensation citing your actual medical expenses with bills. Additionally, approach the court (if a trial is pending) for compensation under Section 357 CrPC / Section 395 BNSS, which allows the court to order the convicted accused to pay. You can also file a civil suit for damages against the accused for the shortfall.

Problem: The DLSA is delaying the inquiry beyond 2 months

Solution: File a written complaint to the Member Secretary, State Legal Services Authority (SLSA) about the delay. The SLSA supervises the DLSA. Alternatively, mention the matter before the District Judge, who is the Chairman of the DLSA. The Supreme Court in Nipun Saxena v. Union of India (2019) directed that victim compensation must be disbursed within 2 months.

Problem: The hospital refuses to provide free treatment to an acid attack or sexual offence victim

Solution: Under Section 357C CrPC / Section 398 BNSS, all hospitals (public and private) are mandatorily required to provide free first-aid and medical treatment to victims of acid attacks and sexual offences. Refusal is punishable with imprisonment up to 1 year or fine or both. Report the hospital's refusal to the police, the District Magistrate, and the CMO/DHMO of the district.

Problem: You were denied compensation because the accused was acquitted

Solution: Acquittal of the accused does not bar victim compensation. Section 357A CrPC / Section 396 BNSS covers situations where the court is satisfied that the compensation paid under Section 357 is not adequate, or "the case is of a nature that the court considers compensation should be given to the victim." Even after acquittal, if you suffered genuine harm from the criminal act, apply to the DLSA for compensation.

State-specific differences

Note: Compensation amounts are updated periodically. Contact the SLSA or DLSA for the most current slab rates in your state. Some states have enhanced rates for specific categories (e.g., child victims, women victims, SC/ST victims).

Frequently asked questions

Is victim compensation the same as court-ordered compensation under Section 357 CrPC / Section 395 BNSS?

No. Section 357 CrPC / Section 395 BNSS empowers the court to direct the convicted accused to pay compensation from the fine amount. This is paid by the accused. Section 357A CrPC / Section 396 BNSS provides compensation from the state government's Victim Compensation Fund when the accused cannot pay or is untraced. You can receive compensation under both provisions if the court-ordered amount is inadequate.

Can I claim victim compensation for a crime that happened years ago?

There is no strict limitation period for applying under the VCS, but it is advisable to apply as soon as possible after the crime. Some state schemes prescribe a time limit (e.g., 3 years from the date of the incident). Even if the time limit has passed, the DLSA has discretion to condone the delay if there is a genuine reason. Apply and let the DLSA decide.

Do I need to prove that the accused committed the crime to get compensation?

No. Victim compensation is not contingent on conviction. You need to establish that you are a victim who suffered harm as a result of a criminal act. The DLSA will verify this through the FIR, medical reports, and its own inquiry. Even if the accused is acquitted (for lack of evidence), you can still receive compensation if the DLSA is satisfied that you suffered genuine harm.

Can victims of domestic violence apply for compensation under the VCS?

Yes. Victims of domestic violence and dowry harassment are eligible under most state VCS schemes. The compensation is in addition to any maintenance or monetary relief granted under the Protection of Women from Domestic Violence Act, 2005. Apply to the DLSA citing the FIR (under Section 498A IPC / Section 85 BNS or other sections) and medical evidence of injuries.

What is the Central Victim Compensation Fund Scheme?

The Central Government established the Central Victim Compensation Fund (CVCF) to supplement state VCS schemes. Under CVCF, additional funds are provided to states for compensating victims of sexual offences, acid attacks, human trafficking, and women affected by cross-border crimes. The CVCF does not require a separate application — the DLSA/SLSA can access CVCF funds when processing your application under the state VCS.

Can I apply for compensation if I was injured in a road accident and the driver fled?

Yes. Most state VCS schemes cover victims of motor vehicle accidents where the driver is unidentified or untraced. Additionally, you can claim compensation from the Motor Accidents Claims Tribunal (MACT) under Section 163A of the Motor Vehicles Act, 1988, which provides a no-fault liability scheme for accident victims. For hit-and-run cases, the Solatium Fund maintained by the General Insurance Council provides compensation.