Unit 4

Judgement [ I used claude for maam’s notes]

Introduction:

This content covers Sections 392 to 406 of the Criminal Procedure Code, which deals with
judgments in criminal cases, their delivery, contents, and related matters like compensation
and probation.

Meaning of Judgment:

A judgment is the final decision given by a criminal court after the trial ends. It must be
pronounced in open court within 45 days, with notice given to all parties involved.

Important Sections Explained:

1. Delivery of Judgment (Section 392):

- Must be pronounced in open court

- Can be delivered by either reading the whole judgment or just the operative part

- Must be signed by the presiding officer

- Free copy must be provided to parties

- Should be uploaded on the court portal within 7 days if possible

- Accused must be present unless dispensed with or only fine is imposed

2. Language and Contents (Section 393):

- Must be written in the court's language

- Should contain points for determination, decision, and reasoning

- Must specify the offense and relevant sections of law

- For serious sentences (death/life imprisonment), special reasons must be given

- For death sentences, must specifically state "hanged by neck till dead"

3. Victim Compensation (Sections 395-397):

- Courts can order compensation to victims who suffered loss/injury

- States must have victim compensation schemes

- Compensation can be awarded even in cases of acquittal

- Hospitals must provide free first aid to sexual offense victims

- Legal Services Authority decides compensation amount

4. Special Provisions:

- Witness Protection (Section 398): States must have witness protection schemes

- Compensation for Wrongful Arrest (Section 399): Up to ₹1,000 can be awarded

- Cost of Prosecution (Section 400): Court can order accused to pay prosecution costs

- Probation (Section 401): Courts can release offenders on probation of good conduct

Case Law Summary:

1. Yakub Abdul Razak Mamon v. State of Maharashtra (2013):

- A judgment is only complete after sentencing

- Mere conviction order is not a judgment

2. Kartarey v. State of U.P (1976):

- For death sentence confirmation, High Court must independently reappraise all evidence

- Such proceedings are continuation of trial

3. O.M Cherian v. State of Kerala (2015):

- Courts have discretion to order multiple sentences to run consecutively or concurrently

- Total imprisonment cannot exceed 14 years for consecutive sentences

- Decision based on nature and gravity of offense

This legal framework ensures fair trial procedures, protects victims' rights, and provides
mechanisms for compensation while maintaining proper documentation and delivery of
judgments in criminal cases.

Transfer of cases [ from google direct ]

Introduction:

The Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines provisions for the transfer of
criminal cases under Sections 446 to 452. These sections empower the Supreme Court, High
Courts, Sessions Judges, and Magistrates to transfer cases or appeals under specific
circumstances.

Transfer by the Supreme Court (Section 446 of BNSS):

The Supreme Court, when convinced that it is necessary for the ends of justice, can direct
the transfer of a particular case or appeal from one High Court to another or from a Criminal
Court under one High Court to another Criminal Court. This authority is exercised upon the
application of the Attorney-General of India or a party involved.

High Court's Jurisdiction (Section 447 of BNSS):

The High Court, upon certain conditions such as the impossibility of a fair trial or the
existence of legal complexities, can order the transfer of cases. The High Court may act
based on reports from lower courts, applications from interested parties, or its own
initiative. Notably, an application for transfer from one Criminal Court to another within the
same sessions division must first be made to the Sessions Judge.

Procedure and Powers (Sections 447, 448 of BNSS):

Applications for transfer must be supported by affidavit or affirmation, and accused persons
may be directed to execute bonds for compensation. The High Court can stay proceedings in
subordinate courts if it deems it necessary for justice. The High Court, when transferring a
case to itself, follows the same procedure as the original court.

Sessions Judges also have the power to transfer cases within their sessions division under
Section 448 of BNSS.

Sessions Judge's Authority (Section 449 of BNSS):

Section 449 of BNSS empowers a Sessions Judge to withdraw any case or appeal which he
has made over to a Chief Judicial Magistrate subordinate to him.
Magistrates' Powers (Sections 450, 451 of BNSS):

Under Section 450 of BNSS, Chief Judicial Magistrates and Judicial Magistrates have the
authority to withdraw or recall cases from subordinate magistrates and inquire into or try
the cases themselves.

District Magistrates or Sub-divisional Magistrates can make over proceedings to subordinate

magistrates or withdraw cases for disposal under Section 451 of BNSS.

Recording Reasons (Section 452 of BNSS):

Sessions Judges and Magistrates, when making orders under Sections 448, 449, 450, or 451,
are required to record their reasons for the decision, ensuring transparency and
accountability in the transfer process.

Execution, suspension, remission and commutation of

Sentences and Mercy petitions;
When a person commits an offence, he is subjected to the various applicable laws.
Subsequently, he is convicted and the trial commences. Resultant of the proceeds is the
issuance of a sentence. Execution of such sentences implies that the court shall cause any
order to be carried into effect by issuing a warrant or taking such other steps as may be
necessary. In India, the execution of a death sentence is governed by various sections of the
Indian Penat Code, 1860. Suspension of a sentence refers to a temporary postponement of a
sentence, whereas remission means decreasing the period of the sentence without changing
its character. Conversely, commutation implies substituting a more severe form of
punishment with a less severe one. Unlike remission, a commutation changes the character
of the punishment. Suspension, remission and commutation of sentences are governed by
Article 72 and Article 161 of the Indian Constitution, whereas Code of Criminal Procedure,
1973 has a complete Chapter, Chapter XXXII dedicated to them. However, execution,
suspension, remission, and commuting of sentences, depend on several variables,
administrative and judicial powers combined, which are covered in more detail below.

History

To say the least, capital punishment is as old as time. Death penalty was frequently used
until the nineteenth century, even for minor offences. The importance of humanity and
justice was only acknowledged when the world was divided into nation-states. In the Indian
context, as perthe original Code of Criminal Procedure of 1898, the execution was the norm
for murder convicts. If the judges were to award life imprisonment for the same, they had to
give specific reasons to do so, in writing. However, this requirement for a written reason was
removed later by an amendment to the CrPC in 1995.
Henceforth, this amended position was enacted in the Code of Criminal Procedure, 1973
(CrPC). Life imprisonment became the norm and the death penalty was to be awarded only
in exceptional cases and required 'specific reasons.

The rarest of the rare doctrine

Death penalty is a hotly debated topic over numerous legal spheres. This is because it
evolves serious moral, legal, and ethical questions. Several human rights organisations
contend that capital punishment is directly at odds with Article 21 of the Indian constitution,
which guarantees the right to life to every citizen. The Article states that "no person shall,
except and there the procedure prescribed by statute, be deprived of his life or personal
freedom".

Under IPC, a death sentence is provided for criminal penalties, namely criminal conspiracy,
murder, the war against the government, mob-blowing, and killing dacoity including the war
against the government. However, the Constitution has provided for mercy on the death
penalty by the President of India.

In Bachan Singh v. State of Punjab (1980), Bachan Singh was tried and convicted, and
sentenced to death under Section 302 of IPC, dealing with punishment of murder. A serious
question of the constitutionality of capital punishment under Section 302 was raised therein,
to which the court contended that capital punishment ought to be granted in the rarest
of the rare cases.

Moreover, the Law Commission of India summed up in its 35th report to the Government of
India in 1967 that "Having regard, however, to the conditions in India, to the variety of the
social upbringing of its inhabitants, to the disparity in the level of morality and education in
the country, to the vastness of its area, to diversity of its population and to the paramount
need for maintaining law and order in the country at the present juncture, India cannot risk
the experiment of abolition of capital punishment. Moreover capital punishment does act as
a deterrent. Basically every human being dreads death."

Execution [ from ipleaders]

Execution of a death sentence is done in various ways in different countries including

hanging, beheading, shooting, lethal injection, stoning, electrocution and gas inhalation, and
Inert gas asphyxiation. In India, execution of a death sentence of either done through
hanging (under IPC) or by shooting (under the Army Act, 1950)

Such execution may be carried out by passing an order either by the sessions court (while
compulsorily obtaining the high court's authorization) or by the high court itself, in the rarest
of the rare cases- (Bachan Singh vs State Of Punjab (1980))

Exceptions to capital punishment in India include minors, pregnant women and intellectually
disabled. These offences are punishable by death in India.
suspension, remission and commutation of Sentences[ lawbhoomi content I put in claude]

INTRODUCTION

The criminal justice system provides three important mechanisms to modify sentences after
they're given:

- Suspension (temporary pause)

- Remission (reducing time)

- Commutation (changing type)

These mechanisms balance justice with mercy and help in rehabilitation of convicts. They
are governed by both Constitutional provisions (Articles 72 and 161) and Criminal Procedure
Code sections.

WHAT IS SUSPENSION AND ITS GROUNDS

Meaning

Think of suspension like hitting a pause button on the sentence. The sentence stays the
same, but its execution is temporarily stopped.

Grounds for Suspension:

1. Pending Appeal: When someone appeals their case

2. Medical Grounds: For serious health conditions

3. Compassionate Grounds: If convict is sole family provider

4. Administrative Reasons: Like delays in prison transfer

Legal Provisions and Case Law:

- Section 473 allows courts to suspend sentences during appeals

- Famous Case: K.M. Nanavati v. State of Maharashtra (1961)

- Court upheld suspension during appeal

- Showed courts have discretion in suspension matters

. WHAT IS REMISSION AND ITS GROUNDS

Meaning:

Think of remission like getting a discount on your sentence time. The type of punishment
stays the same, but you serve less time.

Grounds for Remission:

1. Good Behavior in prison

2. Signs of rehabilitation

3. Special occasions (like national holidays)

4. Humanitarian reasons (old age, health)

Legal Provisions and Case Law:

- Section 472 of bnss gives government power to reduce sentences

- Famous Case: Maru Ram v. Union of India (1980)

- Court said remission can't be used for political gain

- Must be used fairly and justly

. WHAT IS COMMUTATION AND ITS GROUNDS

Meaning:

Think of commutation like exchanging a harsh punishment for a lighter one (like changing
death sentence to life imprisonment)

Grounds for Commutation:

1. Humanitarian considerations

2. When original sentence seems too harsh

3. Through mercy petitions to President/Governor

Legal Provisions and Case Law:

- Section 474 of bnss allows changing sentence types

- Key Cases:

1. Kehar Singh v. Union of India (1989)

- Examined President's commutation powers

- Courts can review but can't change President's decision

2. Swami Shraddananda case (2008)

- Created new punishment category

- Death sentence changed to life without remission

DIFFERENCES BETWEEN THEM

1. Basic Nature:

- Suspension: Just pauses the sentence

- Remission: Reduces sentence length

- Commutation: Changes punishment type

2. Effect on Sentence:

- Suspension: No change in duration or type

- Remission: Duration reduces, type stays same

- Commutation: Changes to lighter punishment

3. Example:

- Suspension: Pausing 5-year jail term during appeal

- Remission: Reducing 10-year sentence to 7 years

- Commutation: Changing death penalty to life imprisonment

4. Who Can Grant:

- Suspension: Courts, President, Governor

- Remission: State/Central Government

- Commutation: Government, President, Governor

5. Purpose:

- Suspension: Temporary relief

- Remission: Reward good behavior

- Commutation: Reduce punishment severity

This system provides flexibility in the criminal justice system while maintaining its integrity
through proper checks and balances.

Mercy petitions[ someone made direct document for this ]

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 seeks to replace the Criminal Procedure
Code (CrPC) and introduces significant changes to the mercy petition process for death
sentence cases.

These changes impact core aspects like justiciability, time limits, and the execution process.

Background

The Constitution granted the President (Article 72) and Governor (Article 161) the power to
grant pardons or commute sentences.

In the Supreme Court’s ruling in Maru Ram vs. Union of India (1981), it was established that
the President must act based on the Council of Ministers’ advice in mercy petitions.

New mercy petition provisions in bnss

Under BNSS Section 472(1), convicts can file mercy petitions within a period of thirty days
from the date on which the Superintendent of the jail,—

(i) informs him about the dismissal of the appeal, review or special leave to appeal
by the Supreme Court; or
(ii) (ii) informs him about the date of confirmation of the sentence of death by the
High Court and the time allowed to file an appeal or special leave in the Supreme
Court has expired.

Convicts can petition the Governor and President based on dismissal of appeals or
confirmation of sentences.

For cases with multiple convicts, they all must file petitions within 60 days.

Centre’s role in mercy petition

  The Central Government shall, on receipt of the mercy petition seek the comments
of the State Government and consider the petition along with the records of the
case.
 The Government shall make recommendations to the President within 60 days.
 Whenever an application is made to the appropriate Government for the suspension
or remission of a sentence, the appropriate Government may require the presiding
Judge of the Court before or by which the conviction was had or confirmed, to state
his opinion as to whether the application should be granted or refused, together with
his reasons for such opinion and also to forward with the statement of such opinion a
certified copy of the record of the trial or of such record thereof as exists.
 When there are more than one convict in a case, the petitions shall be decided by
the President together in the interests of justice.
 No time limit is specified for the President’s decision.
 Upon receipt of the order of the President on the mercy petition, the Central
Government shall within forty-eight hours, communicate the same to the Home
Department of the State Government and the Superintendent of the jail or officer in
charge of the jail.

Exclusion of Appeals against President’s Decision

- BNSS Section 472(7) states that the President’s decisions on mercy petitions are final.
- Courts cannot question or review the grounds for President’s pardons or
commutations

Disposal of property
The dictionary meaning of disposal is ‘ the action or process of getting rid of something.’ The
term disposal is used by the courts to demolish or dispose of any asset due to various
reasons, some of the reasons are ageing of the property, changes in performance or capacity
requirement of the property. The court first examines the property in accordance with the
provisions provided under BNSS

Provisions for disposal of property is given under chapter XXXVI of BNSS(2023)

Sections[ 497-505]

This includes the seizure, custody, and eventual disposal of such property. Below is an in-
depth analysis of each section:

Section 497- order for custody and disposal of property pending trial in certain cases
When any property is brought before a Criminal Court or a Magistrate who has the authority
to handle the case during an investigation, inquiry, or trial, the Court or Magistrate can
decide how to keep the property safe until the investigation, inquiry, or trial is over. If the
property can spoil quickly or if it's necessary for other reasons, the Court or Magistrate can
order it to be sold or disposed of after recording necessary evidence.

So according to this section ‘property’ includes

o Property of any kind or document which is produced before the Court, or which is in
its custody.

o Any property regarding which an offence appears to have been committed or which
appears to have been used for the commission of any offence.

For ex- there is a case of burglary, police officers while investigating recovers some stolen
jewelry from the suspect’s residence, the jewelry is produced before the court/ magistrate-
so now with the application of section 497

1. Custody Order: The Magistrate orders that the jewelry be kept in the police custody
until the trial concludes.

2. Decay or Expediency: Since jewelry does not decay, the Magistrate does not need to
order its sale or disposal.

3. Documentation: Within 14 days, the Magistrate prepares a detailed statement

describing each piece of jewelry.

4. Photographic Evidence: The Magistrate ensures that photographs and videography

of the jewelry are taken.

5. Use as Evidence: The statement and photographs are used as evidence during the
trial.

6. Final Disposal: Within 30 days after documentation, the Magistrate orders the
jewelry to be returned to the rightful owner, destroyed, or otherwise disposed of as
per the law.

497(1)- if the property related to speedy trial ( milk tanker, tomato tanker )- that time this
property can be given an order for sale and the reasons have to be recorded and written

What is ‘property’?

 Document or property of any kind produced before the court or in custody of

the court
 Any property if been used to do some offence or in court there are charges
over that property over being involved in some criminal activity
(2)- within 14 days( after production of the property) the property that was produced has to
be disposed if they have been subjected to natural decay, and state government will give
proper rules on how to be disposed and that has to be strictly followed.

(3)- if necessary then the property can be photographed or videographed by mobile or any
other electronic means if magistrate deems fit it to be recorded ( mandatory)

(4)- whatever collected under sub clause(2) and (3) will be considered as evidence in trial ,
inquiry or investigation

(5)- within 30 days – the court or magistrate shall , within 30 days after statement by
following (2) and (3) – property can be disposed, destruction, confiscate, or can give the
property to the person it belongs to

Let me break down each section in simple English:

**Section 498: Disposal of Property After Trial Ends**

- Applies when criminal trial/inquiry is over (whether conviction or acquittal)

- Court can decide what to do with property that:

* Was shown in court

* Is in court's custody

* Was involved in crime

* Was used to commit crime

- Court can't decide property ownership rights

- Property can be:

* Destroyed

* Confiscated

* Given to rightful possessor

* Handed over to Chief Judicial Magistrate

- Orders can't be executed for 2 months or until appeal ends

- Exception: Livestock or items that can spoil quickly

**Section 499: Payment to Innocent Purchaser**

- Applies in theft/stolen property cases

- If someone bought stolen property innocently

- Court can order money to be given to innocent buyer

- Must be claimed within 6 months

- Only after stolen property is returned to rightful owner

**Section 500: Appeals**

- Anyone unhappy with orders under Section 498/499 can appeal

- Appeal court can:

* Stay the order

* Change it

* Cancel it

* Confirm it

**Section 501: Destroying Offensive Materials**

- Court can order destruction of:

* Libelous materials

* Offensive religious materials

* Contaminated food/drinks

* Harmful drugs

**Section 502: Restoring Property Possession**

- For cases involving force or intimidation

- Court can order property be returned to rightful possessor

- Must order within 1 month of conviction

- Can't affect civil property rights

- Appeal courts can also make such orders

**Section 503: Police Property Seizure Procedure**

- For property seized but not brought to court

- Court can order:

* How to dispose it

* Who to give it to

- If owner unknown:

* Issue public notice

* Give 6 months for claims

**Section 504: Unclaimed Property**

- If no one claims property within 6 months:

* Government can sell it

* Money goes to state treasury

- People can appeal against such orders

**Section 505: Perishable Property**

- For items that can spoil quickly

- Court can order immediate sale if:

* Owner is unknown/absent

* Item might decay

* Sale benefits owner

* Value less than ₹10,000

- Money from sale follows same rules as Sections 503/504

Preventive action of police[ section 168-172]

1. Police Can Act Before a Crime Happens

o If police believe a crime is about to occur, they can take action to stop it.

2. Preventing Public Unrest or Violence

o Police can intervene to prevent riots, fights, or other disturbances before they
happen.
3. Dispersing Crowds

o If a gathering looks like it may turn violent, police can order people to leave.

4. Arresting Known Troublemakers

o Police can take people into custody if they have a history of causing trouble
and are likely to do so again.

5. Imposing Curfews

o In serious situations, police can set a curfew to keep people indoors and avoid
violence.

6. Acting Without Magistrate’s Permission

o If there is an urgent threat, police can take action immediately without

waiting for approval.

7. Example: Preventing a Riot

o If police get information that a riot may occur, they can arrest individuals
known to incite violence.

8. Legal Support for Preventive Actions

o The case Union of India v. State of Rajasthan confirmed that police can take
preventive steps to maintain order.

9. Reducing Harm and Damage

o These actions help avoid harm to people and property by stopping crime
before it escalates.

10. Following Legal Rules

 Police must act within the law and ensure their actions are justified.

11. Avoiding Harsher Measures Later

 Taking early action helps prevent bigger problems that may require stronger force.

12. Ensuring Public Safety

 The law allows police to take necessary steps to protect the public.

13. Preventing Crime from Spreading

 Stopping small disturbances early can prevent larger criminal activities.

14. Maintaining Peace Through Quick Action

 The focus is on keeping public order by acting at the right time.

 15. Legal Safeguards for Police Actions

 The law ensures that police use their powers responsibly and within legal limits.

These measures help keep society safe by stopping crime before it happens.

Irregular proceedings
Introduction to Irregular Proceedings

Irregular proceedings refer to situations where a Magistrate or Court takes actions they are
not legally authorized to perform. The law distinguishes between actions that do not
invalidate the proceedings and those that make them completely void.

Meaning of Irregular Proceedings

Irregular proceedings occur when legal procedures are not properly followed. Some
mistakes do not affect the case, while others can make the entire legal action invalid. The
law aims to ensure that minor errors do not delay justice, but serious mistakes do not lead
to unfair outcomes.

Chapter & Sections Covered

 Chapter XXXVII of the legal code deals with irregular proceedings.

 It includes Sections 506 to 512 that define which mistakes can be overlooked and
which make a case void.

📌 Section 506 – Mistakes That Do Not Invalidate Proceedings

If a Magistrate, acting in good faith, does something they are not legally allowed to do (like
issuing a search warrant without proper authority), the proceedings will not be canceled just
because of that mistake.

🔹 Example: A Magistrate without proper authority issues a search warrant for a suspect’s
house. If the case is otherwise fair, it will not be dismissed because of this mistake.

📌 Section 507 – Mistakes That Make Proceedings Void

If a Magistrate performs an action they are not legally empowered to do, the proceedings
will be completely void.

🔹 Example: If a Magistrate without authority orders security to keep the peace or tries an
offender, the case will be considered invalid.
📌 Section 508 – Proceedings in the Wrong Location

If a case is tried in the wrong district or court, it will not be dismissed unless this mistake
caused serious injustice.

🔹 Example: A case meant for Mumbai is mistakenly tried in Pune. If this did not harm the
accused’s defense, the trial remains valid.

📌 Section 509 – Mistakes in Recording Confessions or Statements

If a Magistrate does not follow the correct rules when recording a confession, the court can
still accept it if:

 The mistake did not harm the accused.

 The accused genuinely made the statement.

🔹 Example: A Magistrate forgets to inform the accused of their right to remain silent but
records their confession correctly. The confession may still be accepted if the accused was
not harmed.

📌 Section 510 – Errors in Framing Charges

If a case goes to trial without properly framing charges, it will not be dismissed unless this
mistake caused injustice.

🔹 Example: A charge sheet has a minor error in wording but does not mislead the accused.
The trial remains valid.

If the mistake caused serious injustice, the court can:

 Order a new charge and restart the trial.

 Dismiss the case if no valid charges exist.

📌 Section 511 – Minor Errors in Court Documents

If there are mistakes in documents (summons, warrants, judgments, etc.), the case will not
be dismissed unless it caused injustice.

🔹 Example: A judge signs a warrant with the wrong date but all other details are correct. The
case remains valid.
📌 Section 512 – Defects in Property Attachments

If property is wrongly attached (confiscated) due to a legal mistake, the action will not be
considered illegal unless it caused harm.

🔹 Example: A court mistakenly seizes a suspect’s land due to an error in paperwork. If the
land is returned or compensated fairly, the action is not illegal.

Conclusion

 Some mistakes in legal proceedings do not affect the case, while others make it
completely invalid.

 The law ensures that minor errors do not delay justice but serious mistakes do not
lead to unfair trials.

 Courts review each case to determine if an error caused injustice before deciding on
its validity.

This system balances justice and fairness, ensuring that legal technicalities do not hinder the
delivery of justice. 🚔⚖️

Protection of victims- compensation and treatment

Who is a Victim Under BNSS?

According to Section 2(y) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a victim is
any person who has suffered loss or injury due to the act or omission of an accused person.
This definition also includes the guardian or legal heir of the victim【30†source】.

Provisions for Protection of Victims

BNSS provides several rights and protections to victims:

1. Legal Representation (Section 18(8))

o Victims can hire an advocate to assist the prosecution, but their role is limited
unless permitted by the court【30†source】.

2. Right to Information (Section 173)

o Victims must receive a free copy of their First Information Report (FIR).

o They can also submit FIRs electronically, which must be signed within three
days【30†source】.
 3. Police and Judicial Protection

o If a case involves serious offenses, the victim’s statement must be recorded

by a female police officer【30†source】.

o Victims with physical or mental disabilities have the right to record

statements at their residence with the help of an interpreter【30†source】.

4. Right to be Heard (Section 413)

o Victims can appeal against an acquittal or if the accused gets a lighter

sentence【30†source】.

5. In-Camera Trials (Section 366)

o Victims of sexual offenses and child abuse cases can have their trials
conducted in private by a female judge【30†source】.

6. Right to Fair Trial

o In Sakshi v. Union of India (2004), the Supreme Court ruled that victims of
sexual offenses must be shielded from the accused during testimony to
prevent trauma【30†source】.

Compensation for Victims

Victims can receive compensation in the following ways:

1. Court-Ordered Compensation (Section 395 of BNSS)

o If a fine is imposed, part of it may be given to the victim as

compensation【30†source】.

o If the case does not involve a fine, the court can still order compensation for
the victim【30†source】.

2. Victim Compensation Scheme (Section 396 of BNSS)

o The State Government, along with the Central Government, must provide
funds for victim compensation【30†source】.

o If the offender is not identified or cannot pay, the District Legal Services
Authority (DLSA) will grant compensation【30†source】.

3. Additional Compensation for Special Cases

o Acid Attack Victims: ₹1,00,000 must be paid within 15 days, and an

additional ₹2,00,000 within two months【30†source】.
 o Sexual Assault Victims: Compensation from the Women Victims
Compensation Fund【30†source】.

4. Case Law: Vijayan v. Sadanandan K. (2009)

o The Supreme Court ruled that compensation must be enforced strictly and
courts can impose a default sentence for non-payment【30†source】.

Treatment and Support for Victims

1. Medical and Psychological Support

o Immediate medical aid must be given to victims free of cost under

government schemes【30†source】.

o Courts can order additional counseling and rehabilitation【30†source】.

2. Special Provisions for Children

o Under POCSO Act, children’s identities must be kept confidential, and

psychological support must be provided【30†source】.

3. Nipun Saxena v. Union of India (2018)

o The Supreme Court ruled that the identity of rape victims must not be
disclosed under any circumstances【30†source】.

Conclusion

BNSS provides strong legal safeguards, compensation schemes, and judicial protections for
victims. Courts have emphasized the importance of fair trials, financial aid, and
psychological support for victims. These legal frameworks ensure that victims' rights are not
ignored and they receive justice and rehabilitation.