Law4u - Made in India

How can a victim seek compensation in criminal cases?

22-Sep-2026
Criminal

Answer By law4u team

Under Indian criminal law, a victim seeking compensation has several statutory avenues available to them, ensuring that financial redressal is not overlooked during the administration of criminal justice. The primary mechanism is governed by the Code of Criminal Procedure, 1973 (CrPC), and its successor, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which have progressively strengthened victim rights to compensation. Traditionally, criminal trials focused entirely on punishing the offender, leaving victims to approach civil courts separately for damages. However, legislative amendments have integrated compensation directly into the criminal justice process, recognizing that victims suffer physical, psychological, and financial trauma that requires immediate state and judicial attention. 1. The first and most direct method is through Section 357 of the CrPC, or the corresponding provision under the BNSS, which empowers criminal courts to order the accused to pay compensation upon conviction. When a court imposes a sentence of fine, or a sentence of which fine forms a part, the court may order the whole or any part of the fine recovered to be applied in defraying the expenses properly incurred in the prosecution, or in the payment of compensation to any person for loss or injury caused by the offence, when compensation is, in the opinion of the court, recoverable in a civil court. This means that even without a separate civil suit, the criminal court itself can direct a portion of the penalty collected from the convict to be handed over to the victim for the injuries sustained. 2. The second method applies even when the conviction does not involve a fine, or when the fine imposed is inadequate to cover the victim's losses. Under Section 357A of the CrPC, and the corresponding provisions in the BNSS, every State Government in coordination with the Central Government must prepare a scheme for the purpose of providing funds for compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. If the trial court believes that the fine imposed under Section 357 is not sufficient for compensation, or where the case ends in acquittal or discharge and the victim needs rehabilitation, or where the offender cannot be traced or identified but the victim has been identified, the court can make a recommendation to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) for awarding compensation from the victim compensation fund. 3. The third method involves interim compensation, which can be awarded even while the trial is ongoing. Courts do not always make victims wait until the final judgment to receive financial assistance. Under various victim-centric provisions and judicial precedents, trial courts can direct the interim release of funds or recommend interim compensation through the DLSA to help victims meet urgent medical expenses, legal costs, or sustenance needs, particularly in heinous offences such as sexual assault, acid attacks, human trafficking, and violent crimes against women and children. 4. The fourth method is specifically tailored for victims of certain specific heinous crimes, such as acid attacks and rape, where mandatory statutory schemes exist. For instance, under the directions of the Supreme Court of India and subsequent rules framed under the criminal procedure laws, state governments maintain specialized funds to ensure that acid attack survivors receive immediate medical care and substantial financial compensation, often running into several lakhs of rupees, independent of the financial status or conviction outcome of the perpetrator. Similarly, under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), special courts are mandated to award compensation to child victims for their rehabilitation and immediate needs at various stages of the judicial proceedings. 5. To initiate the process for seeking compensation, the victim, their legal representative, or the prosecutor should formally move an application before the trial court handling the criminal case. While the court is empowered to award compensation suo motu upon conviction, filing a formal written application detailing the medical expenses, loss of earning capacity, property damage, and psychological trauma strengthens the claim. Documentary evidence such as hospital bills, prescription slips, police FIRs, income proofs, and therapy records should be annexed to this application. If the accused is acquitted, the victim can still approach the DLSA directly with an application under the Victim Compensation Scheme, provided an inquiry establishes that the victim suffered loss or injury due to the alleged crime and requires rehabilitation. Legal aid counsel provided through the District Legal Services Authority can assist victims in drafting and filing these compensation applications without incurring heavy legal fees.

Answer By Anik

Dear Client, Under Section 396 of the BNSS, victims can seek state-funded compensation. The trial court can formally recommend compensation at the end of a case, even if it results in an acquittal, if the victim requires rehabilitation. If the offender is untraced, victims or their dependents can apply directly to the District or State Legal Services Authority (DLSA/SLSA). The authority will then verify the claim and award the appropriate compensation amount Thank you for contacting us. If you have any further queries, kindly do not hesitate to contact us again. Thank you!

Answer By Ayantika Mondal

Dear Client, Victim of crime can claim compensation through the criminal justice system depending upon circumstances of case and relevant law. According to Section 395 of Bharatiya Nagarik Suraksha Sanhita, 2023, criminal court may, depending upon circumstances of case, award compensation to any person who has been deprived of anything by reason of commission of offence. Such an order may be made while passing judgment, including where a fine is imposed or, in specified circumstances, even where the sentence does not include a fine. There is also a separate Victim Compensation Scheme under Section 396 BNSS. State Governments, in coordination with the Central Government, are required to provide a scheme for compensation to victims or their dependents who have suffered loss or injury and require rehabilitation. The District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) may determine compensation under the applicable scheme. Therefore, a victim need not necessarily wait for a conviction before exploring compensation under the applicable victim compensation scheme. The process as well as the eligibility criteria may differ depending on the State and the type of crime. The injured party must maintain his/her medical reports, bills, FIRs and other records related to the harm sustained. They can then approach the DLSA/SLSA or the court. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Answer By Ruchi Kashyap

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a victim can seek compensation mainly in these ways: Through the Criminal Court — Section 395 BNSS The Court may order the convicted accused to pay compensation to the victim, depending on the circumstances of the case. Through the Victim Compensation Scheme — Section 396 BNSS The Court can recommend compensation for the victim’s rehabilitation. The State or District Legal Services Authority (DLSA) can then determine and award compensation. India Code When the offender is not traced or identified If the victim is identified but no trial takes place because the offender cannot be traced or identified, the victim or dependants can apply directly to the State Legal Services Authority or DLSA. India Code Interim relief In appropriate cases, the DLSA/SLSA can provide immediate medical assistance or other interim relief to alleviate the victim’s suffering.

Criminal Verified Advocates

Get expert legal advice instantly.

Advocate Juned Sandhi

Advocate Juned Sandhi

Cheque Bounce, Court Marriage, Criminal, Divorce, Revenue

Get Advice
Advocate Javed Ahmad

Advocate Javed Ahmad

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Nirbhay Chand

Advocate Nirbhay Chand

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Muslim Law, R.T.I, Revenue

Get Advice
Advocate Hari Krishan Pandey

Advocate Hari Krishan Pandey

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Landlord & Tenant,Motor Accident,Property,R.T.I,Insurance,

Get Advice
Advocate Dr Sakshi Vidyarthi

Advocate Dr Sakshi Vidyarthi

Supreme Court, High Court, Criminal, Labour & Service, Family

Get Advice
Advocate Murali Krishnan

Advocate Murali Krishnan

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Cheque Bounce,Child Custody,Civil,Consumer Court,Customs & Central Excise,Criminal,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Muslim Law,Succession Certificate,Supreme Court

Get Advice
Advocate Sanjeev Srivastava

Advocate Sanjeev Srivastava

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,International Law,Landlord & Tenant,Medical Negligence,Motor Accident,NCLT,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,

Get Advice
Advocate Ishan Mishra

Advocate Ishan Mishra

Cheque Bounce, Civil, Court Marriage, Criminal, Family, Divorce, Property, Revenue, High Court, Anticipatory Bail, Consumer Court, Domestic Violence, Landlord & Tenant

Get Advice
Advocate Kurra Ravi

Advocate Kurra Ravi

Arbitration, Anticipatory Bail, Court Marriage, Civil, Divorce, Family, Domestic Violence, Insurance, Landlord & Tenant, Muslim Law, Motor Accident, R.T.I, Recovery, Succession Certificate, Criminal, Cheque Bounce, Child Custody, Documentation, Medical Negligence

Get Advice

Criminal Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.