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Section 396 BNSS to Section 400 BNSS| Section 397 BNSS| Section 398 BNSS| Section 399 BNSS

Section 396 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Victim compensation scheme.


(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.


(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).


(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end

in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.


(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.


(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.


(6) The State or the District Legal Services Authority, as the case may be, to alleviate

the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.


(7) The compensation payable by the State Government under this section shall be in addition to the payment of fine to the victim under section 65, section 70(1) and section 124 of Bharatiya Nyaya Sanhita, 2023.


Section 397 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Treatment of victims.


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 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 or under 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.


Section 398 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Witness protection scheme.


Every State Government shall prepare and notify a Witness Protection Scheme

for the State with a view to ensure protection of the witnesses.


Section 399 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Compensation to persons groundlessly arrested.


(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested,

for his loss of time and expenses in the matter, as the Magistrate thinks fit.


(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.


(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.


Section 400 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Order to pay costs in noncognizable cases.


(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable.


(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.


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