Rights of crime victims in India: a practical guide

For a long time, a criminal case in India was a contest between the State and the accused. The person actually hurt often became just another witness, waiting outside the courtroom. The Bharatiya Nagarik Suraksha Sanhita (BNSS), in force since 1 July 2024, gives victims clear rights at almost every stage. If you or your family has suffered a crime, these rights belong to you.

Who counts as a victim

Sec 2(1)(y) BNSS defines a victim as a person who has suffered any loss or injury because of the act or omission of the accused, and includes the victim's guardian or legal heir. So if a person has died or cannot act, their parent, spouse or child can exercise these rights.

Rights when you report the crime

• Report anywhere ("zero FIR"). Under Sec 173(1) BNSS you can give information about a cognizable offence at any police station, whichever area the crime happened in. That station must register it and transfer it to the right station. You can also report electronically (email or the State police portal), but must sign it within three days.
• Free FIR copy. Sec 173(2) BNSS says a copy must be given to the informant or victim forthwith, free of cost. If police refuse to register, send your complaint in writing to the Superintendent of Police, and if that fails, apply to the Magistrate (Sec 173(4) BNSS).
• Free treatment. Under Sec 397 BNSS, every hospital, public or private, must immediately give free first aid or treatment to victims of acid attack, rape and certain other sexual offences, and inform the police. A hospital that refuses commits an offence.

Rights during investigation and trial

• Progress updates. Sec 193(3) BNSS requires the police to inform the informant or victim of the progress of the investigation within 90 days, including by SMS, email or phone.
• Copies of the chargesheet. Under Sec 230 BNSS, if you are represented by an advocate, the Magistrate must give you free copies of the police report, FIR, witness statements and documents within 14 days of the accused's first appearance.
• Your own lawyer. The Public Prosecutor conducts the case, but under Sec 18(8) BNSS the court may permit you to engage an advocate to assist the prosecution. Your lawyer can suggest questions and file written arguments.
• A say before withdrawal. If the prosecutor seeks to withdraw the case, the proviso to Sec 360 BNSS says no court shall allow it without giving the victim an opportunity to be heard.
• Privacy. Publishing the identity of a victim of rape and certain other sexual offences is itself a crime under Sec 72 BNS (earlier Sec 228A IPC).
• Protection. If you are threatened, you can apply for protection under the State's Witness Protection Scheme (Sec 398 BNSS); see our article on witness protection.

Compensation

There are two routes. First, the court that convicts can order the accused to pay compensation out of a fine or separately (Sec 395 BNSS). Second, and more important when the accused is poor, acquitted or untraced, every State has a victim compensation scheme under Sec 396 BNSS, funded by the State and run by the Legal Services Authorities.

• The trial court can recommend compensation when the amount ordered against the accused is inadequate, or when the accused is acquitted or discharged (Sec 396(3) BNSS).
• If the offender is not traced or identified but you are, you can apply directly to the District or State Legal Services Authority without waiting for a trial (Sec 396(4) BNSS).
• The authority must complete its inquiry and award compensation within two months (Sec 396(5) BNSS), and can order interim relief such as free medical treatment on a certificate from the police or Magistrate (Sec 396(6) BNSS).

Amounts are fixed by each State's scheme and vary by offence. Apply on the DLSA's form with the FIR, medical papers and ID.

Right to appeal

Earlier only the State could appeal an acquittal. Now, under the proviso to Sec 413 BNSS (earlier Sec 372 CrPC), a victim can appeal if the court acquits the accused, convicts them of a lesser offence, or awards inadequate compensation. In Mallikarjun Kodagali v. State of Karnataka (2018), the Supreme Court held that a victim does not need the court's special leave to file such an appeal. Appeals have strict time limits, so see a lawyer within days of the judgment.

Step by step

1. In an emergency call 112. Women can call 181, children 1098, and for online fraud 1930.
2. Register the FIR at any police station and take your free copy. Note the FIR number and the investigating officer's name and number.
3. Open a file with the FIR, medical papers (ask for a medico-legal certificate), photos, chats and a dated note of every contact with the police.
4. On day 90, ask for the progress update in writing if you have not received it; copy the Superintendent of Police.
5. Go to the DLSA (district court complex) or call 15100: for a free lawyer to assist the prosecution, for the compensation application, and for witness protection if threatened.
6. After judgment, ask your lawyer the same week whether to appeal under Sec 413.