Victim of a crime in India? How to claim compensation from the government — Victim Compensation Scheme (BNSS s.396, old CrPC 357A), DLSA application, interim relief, free treatment in any hospital (s.397), NALSA women victims scheme amounts, 3-year time limit (2026)
Plain step-by-step guide for victims of crime and their families — assault, sexual offences, acid attack, murder, trafficking and other crimes — on getting compensation from the State Victim Compensation Fund through the District Legal Services Authority (DLSA): who can apply, when (even if the accused is not caught or is acquitted), papers needed, interim relief, the NALSA scheme for women victims, free medical treatment, and appeals. Educational only — not legal advice. Adhiwakta does not file applications or contact the DLSA, police or courts for you.
No name or phone form. WhatsApp opens with your question already written; just tap send.
What is victim compensation?
Every State Government, with the Central Government, must run a Victim Compensation Scheme that pays victims of crime, or their dependents, who have suffered loss or injury and need rehabilitation (Bharatiya Nagarik Suraksha Sanhita, 2023 section 396, earlier CrPC section 357A). The money comes from a State fund, not from the accused, and it is decided by the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA). It is separate from, and in addition to, any compensation the court orders the convicted person to pay (BNSS section 395, old CrPC 357) and fines paid to victims under BNS sections 65, 70 and 124(1).
When can you get it?
There are three routes. (1) The trial court recommends compensation at the end of the trial — even where the accused is acquitted or discharged but the victim needs rehabilitation (section 396(3)). (2) If the offender is not traced or identified but the victim is, and no trial takes place, the victim or dependents can apply directly to the DLSA or SLSA (section 396(4)). (3) Interim relief: the DLSA or SLSA can order immediate first aid, free medical benefits or other interim relief on a certificate from the officer in charge of the police station or a Magistrate (section 396(6)). The DLSA must complete its enquiry and award compensation within two months of the recommendation or application (section 396(5)).
Is your situation a little different? Send your question on WhatsApp.
Write in Hindi or English · general guidance, not legal advice
How to apply — papers to keep ready
Apply at the DLSA office in the district court complex (or the SLSA / its online portal, where available) in the State’s prescribed form. Usually needed: the FIR or the criminal complaint taken up by the court, the medical / injury report (MLC), post-mortem report and death certificate in a death case, hospital bills, proof of identity and bank account, proof of dependency (for family members), and the court’s judgment or recommendation if the trial is over. Write the details of expenses, lost income and lost schooling. You can also ask the SHO or the public prosecutor to send the case to the DLSA, and ask the trial court to recommend compensation.
Women and girl victims — NALSA scheme amounts
For women victims of sexual assault, acid attack and certain other crimes, the NALSA Compensation Scheme for Women Victims / Survivors of Sexual Assault / other Crimes, 2018 applies (adopted under the Supreme Court’s orders in Nipun Saxena v. Union of India, 2018). It provides ₹5,000, or up to ₹10,000, immediately when the application is received; for acid attack, ₹1 lakh within 15 days and another ₹2 lakh within two months. Its schedule gives ranges such as ₹5–10 lakh for loss of life or gang rape and ₹4–7 lakh for rape; acid attack disfiguring the face ₹7–8 lakh. Usually 75% of the final award is kept in a fixed deposit for at least three years (for a minor, 80% until majority). For children under POCSO, compensation is ordered by the POCSO Special Court (section 33(8) and POCSO Rule 9), and the State must pay within 30 days of the order. Men, boys and other victims are covered by their State’s own scheme and schedule — amounts differ from State to State.
Free treatment in every hospital (BNSS s.397)
Every hospital, government or private, must immediately give free first aid or medical treatment to victims of rape and other sexual offences (BNS sections 64 to 68, 70, 71), acid attack (BNS section 124(1)) and POCSO offences (sections 4, 6, 8, 10), and must inform the police (BNSS section 397, old CrPC 357C). A hospital cannot refuse or demand payment first. For any emergency, call 112.
Time limit, delays and appeal
Under the NALSA women victims scheme, a claim should be made within three years of the offence or of the end of the trial; the DLSA / SLSA can condone delay in deserving cases. State schemes have their own time limits — apply as early as possible. If the amount awarded is unsatisfactory, the NALSA scheme allows an appeal to the Chairperson of the DLSA within 30 days. If the application is not decided in time, give a written reminder, ask for the file status, and seek legal aid from the DLSA itself (Legal Services Authorities Act, 1987 section 12 covers women, children, SC / ST persons, victims of trafficking and others). A writ petition in the High Court is a later option for unreasonable delay.
Avoid these mistakes
Do not pay any agent who promises to ‘get compensation sanctioned’ — the DLSA does not charge a fee for this. Do not hide compensation already received from another scheme; it is taken into account. If the case is later found false, the authority can recover the money. Keep copies of every paper and the DLSA receipt number.
How Adhiwakta can help
We do not file compensation applications, contact the DLSA, police, hospitals or courts, or promise any amount or result. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
Have a related question?
Frequently asked questions
- Who pays victim compensation, and where do I apply?
- It is paid from the State Victim Compensation Fund. Apply to the District Legal Services Authority (DLSA) in the district court complex, or the State Legal Services Authority, under BNSS section 396 (old CrPC 357A).
- Can I get compensation if the accused is not caught or is acquitted?
- Yes. If the offender is not traced but the victim is identified and no trial takes place, you can apply directly (section 396(4)). If the trial ends in acquittal or discharge, the court can still recommend compensation for rehabilitation (section 396(3)).
- How long does the DLSA take to decide?
- The law says the enquiry and award should be completed within two months of the application or court recommendation (section 396(5)). Interim relief, including free medical help, can be ordered earlier.
- How much compensation is given to a woman victim of rape or acid attack?
- Under the NALSA scheme for women victims, the range is ₹4–7 lakh for rape, ₹5–10 lakh for gang rape or loss of life, and ₹7–8 lakh for acid attack disfiguring the face; an acid attack victim gets ₹1 lakh within 15 days and ₹2 lakh more within two months. The actual amount depends on the facts.
- Is there a time limit to apply?
- Under the NALSA women victims scheme, three years from the offence or the end of the trial, and delay can be condoned in deserving cases. State schemes have their own limits, so apply as early as possible.
Share Adhiwakta with someone who needs it
Send this page on WhatsApp — legal information in Hindi & English.