Victim's Rights In BNS : Ensuring Justice And Support

The Bharatiya Nyaya Sanhita (BNS) of 2023 introduces significant changes to India's criminal justice system. A key focus of these reforms is enhancing justice and support for victims of crime. This article examines the provisions within the BNSS and BNS aimed at ensuring victim compensation, immediate medical support, witness protection, and enhanced protections for women, along with procedures for reporting offenses and ensuring fair trials.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) and the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”) introduce the following provisions for ensuring justice to the victim.

Victim Compensation Scheme

The Victim Compensation Scheme of the BNSS is outlined in Section 396. Section 396 of the BNSS provides as follows:

Section 396: Victim Compensation Scheme

The Section 396 of BNSS states:

• Scheme Preparation: Each State Government, in liaison with the Central Government, should prepare a scheme to arrange funds for compensation for victims or their dependents suffering loss or injury from crime and in need of rehabilitation.

• Recommendation by Court: If the trial court, at the end of the trial, believes that the compensation granted under Section 395 is not sufficient for rehabilitation, it can recommend further compensation.

• Application by Victim: Where the offender is not identified or traced and no trial is conducted, the victim or his dependents may apply to the State or District Legal Services Authority for compensation.

• Decision of Legal Services Authority: The District Legal Service Authority or the State Legal Service Authority shall determine the quantum of compensation to be paid under the scheme. The trial court may also suggest further compensation if the compensation granted under section 395 is insufficient for rehabilitation, or in case of acquittal or discharge and the victim requires rehabilitation.

• Immediate Relief: The Legal Services Authority can direct immediate first-aid facility or medical benefits without any cost on the certificate of a police officer or magistrate.

• Extra Compensation: The State Government compensation under this section is over and above any compensation paid to the victim under other provisions of the BNSS.

Immediate Medical Support

Section 397 of the BNSS provides for immediate medical support. It provides for the following: 

Section 397 of the BNSS requires that both public and private hospitals offer first-aid or medical treatment free of cost to victims of certain offences forthwith. Offences covered are serious ones like rape, sexual assault, and sexual abuse of a child as enshrined under Sections 64, 65, 66, 67, 68, 70, 71, and 124(1) of the BNS and Sections 4, 6, 8, and 10 of the Protection of Children from Sexual Offences Act, 2012.

Key Provisions

• Prompt Medical Attention: Hospitals should offer prompt medical attention without any delay and free of charge to the victim.

• Reporting to Police: Hospitals must report the incident and the status and injuries of the victim to the police.

• No Refusal of Treatment: Hospitals must not deny treatment based on the victim's capacity to pay or to identify the assailant.

Witness Protection Scheme

Section 398 of the BNSS provides that every State government shall prepare and notify a witness protection scheme for the state. This should be done to ensure that sufficient protection is given to the witness. 

Wrongful Arrest and Detention Compensation

Section 399 of the BNSS has retained Section 358 of the Code of Criminal Procedure, 1973. Section 399 of the BNSS provides for compensation to a person groundlessly arrested. It provides for the following: 

• Reasons for Compensation: Where a person causes another person's arrest on insufficient grounds, and the magistrate holds that the arrest is unjustified, compensation can be given. The amount of compensation does not go beyond ₹1,000 per person.

• Magistrate's Role: The magistrate determines whether there are enough grounds for the arrest. Otherwise, they can choose to grant compensation for loss of time and costs borne by the wrongly arrested individual.

• Recovery and Penalty: Where the compensation is not recovered, it may be recovered as a fine. If recovery is also not possible, the party at fault may suffer simple imprisonment up to 30 days unless within the time provided, the amount is paid.

Enhanced Protections for Women

The BNSS and BNS have incorporated several provisions aimed at increasing the safety of women. Some of the major features include:

• Tougher Punishments for Sexual Violence: BNS 2023 provides for stricter punishments for crimes such as rape, sexual assault, and harassment. It also provides for higher penalties for repeat offenders and against minors.

• A variety of offences committed against women and children have been gender-neutralized in BNS, protecting all victims and abusers of whatever gender.

• For ensuring greater protection for the victim and to enforce transparency of investigation in case of an offence of rape, the victim's statement will be recorded by audio-video means by the police.

• The new legislation ensures free first-aid or medical care for victims of women and children's crimes in all hospitals. The provision guarantees the victims immediate access to necessary medical attention, prioritizing their health and recovery in difficult times.

Reporting Offences

• Recording of Information: According to Section 173 of the BNSS, If a woman reports an offence under certain sections of the BNS regarding offences against women, her information should be recorded by a woman police officer or any woman officer.

• Special Arrangements for Disabled Victims: In case the victim is physically or mentally disabled, the information needs to be documented by a police officer at their home or a nearby place, in the presence of an interpreter or special instructor.

• It is required that the victim be heard before withdrawal from prosecution under Section 360 of the BNSS.

Fair Trial and Information

• Supply of Documents: Section 230 of the BNSS states that in cases filed on a police report, the Magistrate is required to supply the accused and the victim (if he or she is represented by an advocate) with a copy of the police report, first information report, statements, and other documents free of cost.

• Inform Progress of Investigation: Section 193 of the BNSS states that the police officer shall inform the informant or the victim about the progress of the investigation within ninety days by any means including electronic communication.

Protection of Identity

Section 365 of BNSS states that in rape cases, the prohibition of printing or publishing trial proceedings could be waived but confidentiality of names and addresses of parties has to be preserved. 

These provisions seek to offer speedy and accessible justice, mitigating the financial and psychological difficulties resulting from crime.

Conclusion

By incorporating provisions for victim compensation, immediate medical aid, witness protection, and enhanced safeguards for women, these reforms aim to provide a more holistic approach to justice. Additionally, the focus on accessible reporting, fair trial procedures, and identity protection underscores the commitment to ensuring that victims are treated with dignity and respect throughout the legal process.

FAQs

A few FAQs based on victim’s rights as per BNS are:

Q1. How can victims apply for compensation under the BNSS?

Victims can apply through the trial court or the State/District Legal Services Authority, especially if the offender is untraced.

Q2. Does the BNSS ensure immediate medical support for victims?

Yes, Section 397 mandates both public and private hospitals to provide free first-aid and medical treatment to victims of specific serious offenses.

Q3. What offenses are covered under the immediate medical support provision?

Offenses include rape, sexual assault, sexual abuse of a child, and other serious crimes outlined in the BNS and POCSO Act.

Q4. Does the BNSS include a Witness Protection Scheme?

Yes, Section 398 mandates every state government to establish a witness protection scheme to ensure the safety of witnesses.