What Are the Rights of a Victim in a Criminal Case Under BNSS 2023?
Date Published
For a long time, our criminal justice system spoke mostly about the rights of the accused. The victim, who actually suffered the loss or the injury, was often left standing outside the courtroom with very little say in the case. The Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the old Code of Criminal Procedure from 1 July 2024, tries to correct this imbalance.
In simple words, BNSS 2023 gives the victim a real voice in the criminal process, from the moment an FIR is lodged to the final appeal against the judgment. This topic is important for the Judiciary Exam because it is a fresh law and examiners love testing fresh law. Prelims papers can ask direct questions on sections and definitions, Mains papers expect an analytical answer comparing the old and new position, and Interview panels often ask whether the new criminal laws are actually victim friendly in practice.
Students preparing under Nitesh Choubey Sir at Aashayein Judiciary are advised to read this topic along with the bare Act, because questions on victim rights are increasingly common in both Judiciary Prelims and Judiciary Mains papers.
Who Is a Victim Under BNSS 2023
Section 2(1)(y) of the BNSS defines a victim as a person who has suffered any loss or injury caused by an act or omission of the accused. The definition also includes the guardian or the legal heir of the victim.
Suppose a person dies in a road accident caused by rash driving. The deceased person's parents or spouse will be treated as victims under this definition, and they get all the rights that the Sanhita gives to a victim, including the right to be heard and the right to appeal.
This definition is almost the same as the earlier Section 2(wa) of the CrPC, which was inserted by the 2009 amendment. What has changed is that BNSS builds many new rights on top of this existing definition.
Right to a Free Copy of the FIR
Every victim or informant has the right to receive a free copy of the First Information Report. This is a simple but important right because it lets the victim know exactly what allegations have been recorded and how the investigation has begun.
Right to Register a Zero FIR
BNSS has now given clear statutory recognition to the concept of Zero FIR. This means a person can lodge an FIR at any police station, even if that station does not have territorial jurisdiction over the place where the offence happened. The police cannot refuse to register the complaint on the ground of jurisdiction. This provision helps victims who are far away from the place of the crime, or who are too scared or injured to travel long distances to report it.
Rights of Women Victims in Cases of Rape
BNSS pays special attention to women victims of sexual offences.
• The statement of a woman victim in a rape case must be recorded by a woman police officer, at her residence or a place of her choice.
• The statement should be recorded in the presence of the victim's parent, guardian, a near relative, or a social worker of the locality.
• The police may also record the statement through audio video electronic means, which can include a mobile phone.
• Medical examination of the victim must be conducted within twenty four hours from the time information about the offence is received.
This reduces the trauma of repeated questioning and makes the process more dignified for the victim.
Right to Free and Immediate Medical Treatment
Section 397 of BNSS requires every hospital, whether public or private, to give free and immediate first aid or medical treatment to the victim of certain serious offences such as rape, gang rape, and sexual offences against children. The hospital must also inform the police about the incident without delay. This provision was earlier found in Section 357C of the CrPC, and BNSS carries it forward with the same spirit.
Every Judiciary Exam aspirant should know how a criminal case progresses after investigation. Section 193 BNSS Chargesheet lays down the procedure for filing the police report and initiating the next stage of the trial
Right to Information About the Investigation
A victim has the right to be kept informed about the progress of the investigation. Under BNSS, the police are expected to inform the informant or the victim about the status of the investigation, including whether the charge sheet has been filed, generally within ninety days.
The victim, when represented through an advocate, also gets access to the police report, the FIR, and other relevant documents once the case moves towards trial. This helps the victim participate meaningfully instead of remaining a silent bystander in the proceedings.
Right to Engage an Advocate
Section 338(2) of BNSS allows a victim to engage an advocate of choice to assist the public prosecutor. This right existed earlier under Section 24(8) CrPC, and BNSS continues it. The victim's advocate can also submit written arguments after the evidence has been recorded, but with the permission of the court.
It is important to remember that the victim's advocate assists the public prosecutor and does not replace the prosecutor.
Right to Be Heard Before Withdrawal of Case
Section 360 of BNSS deals with the withdrawal of a prosecution by the Public Prosecutor. The new provision requires that the victim be given an opportunity to be heard before the court permits withdrawal of the case. This was a long standing gap in the earlier Section 321 CrPC, where the victim had no formal right to object to withdrawal.
Right to Compensation
Section 396 of BNSS deals with the Victim Compensation Scheme. Every State Government, in coordination with the Central Government, must prepare a scheme to arrange funds for compensation to victims or their dependents who have suffered loss or injury because of the crime, and who need rehabilitation.
This compensation can be granted even when the accused is not convicted, or when the accused cannot be traced at all, and it is in addition to any fine that a convicted accused may be ordered to pay. Section 399 further provides for compensation to a person who has suffered due to wrongful arrest or wrongful prosecution.
Right to Appeal Against Acquittal or Inadequate Sentence
This is one of the most powerful rights available to a victim. Section 413 of BNSS, which corresponds to the earlier Section 372 CrPC, gives the victim the right to prefer an appeal against any order of the court that:
• Acquits the accused, or
• Convicts the accused for a lesser offence than what was charged, or
• Imposes inadequate compensation.
Such an appeal lies to the court where an ordinary appeal against a conviction in that case would lie. Courts have clarified that a victim exercising this right does not need to take special leave of the court, unlike a private complainant who wants to appeal against an acquittal under a different provision.
Case Law Section
Case Name: Mallikarjun Kodagali (Dead) through Legal Representatives v. State of Karnataka and Others
Citation: (2019) 2 SCC 752, Supreme Court of India, decided on 12 October 2018.
Facts
Mallikarjun Kodagali was attacked in February 2009 and lodged an FIR. The trial court acquitted the accused in October 2013. Kodagali, as the victim, filed an appeal in the High Court against the acquittal, relying on the proviso to Section 372 of the CrPC, which was inserted by the Criminal Law Amendment Act of 2009. The High Court dismissed the appeal as not maintainable, holding that since the offence took place before the proviso came into force, the victim could not use this new right. Kodagali then approached the Supreme Court.
Issues Before the Court
Whether a victim can use the proviso to Section 372 CrPC to appeal against an acquittal when the offence occurred before the amendment but the order of acquittal was passed after the amendment came into force, and whether the victim needs special leave to file such an appeal.
Court's Decision
The Supreme Court held that the relevant date for deciding the victim's right to appeal is the date of the order of acquittal, and not the date of the offence. Since the acquittal order was passed after the proviso to Section 372 came into force, Kodagali was entitled to appeal. The Court further held that a victim exercising this right does not need to seek special leave to appeal, unlike an ordinary complainant appealing under a different provision of the Code.
Important Observations
The Court referred to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and observed that access to justice for a victim must include a meaningful and independent right of appeal. The Court also traced the history of victim rights through the 154th Law Commission Report and the Justice Malimath Committee Report, both of which recommended a bigger role for victims in criminal trials.
Why the Case Is Important
This judgment continues to guide courts on the scope of Section 413 of BNSS, which has replaced Section 372 CrPC with almost the same structure. As explained by Nitesh Choubey Sir during Judiciary Preparation sessions at Aashayein Judiciary, this case is useful for both Prelims and Mains because it explains why the victim's right to appeal is treated as an unconditional statutory right, and this reasoning applies equally to the corresponding provision under BNSS.
Exam Relevance
Prelims POV
• Definition of victim under Section 2(1)(y) of BNSS
• Zero FIR and free copy of FIR as victim rights
• Special provisions for recording statement of women victims in rape cases
• Section 396 Victim Compensation Scheme and Section 397 free medical treatment
• Section 413 right of victim to appeal, corresponding to old Section 372 CrPC
• PYQ style questions often give a fact situation and ask which right of the victim is involved
Mains POV
For Mains answer writing, begin with the definition of victim, then explain the shift from an accused centric system to a victim centric system under BNSS. Support the answer with the Mallikarjun Kodagali case while discussing the right to appeal, and mention the Victim Compensation Scheme under Section 396 to show awareness of both participatory and compensatory rights. A comparison table between the old CrPC provisions and the new BNSS sections always adds value to a Mains answer.
Interview POV
Interview panels often ask whether the new criminal laws have really improved the position of victims, or whether these rights exist only on paper. A balanced answer should acknowledge the genuine improvements, such as Zero FIR, free medical treatment, and the right to be heard before withdrawal of a case, while also pointing out practical difficulties like the cost of engaging a private advocate and delays in disbursal of compensation. This kind of balanced view is well received by interview panels.
Frequently Asked Questions
1. What is the definition of a victim under BNSS 2023?
Section 2(1)(y) of BNSS defines a victim as a person who has suffered any loss or injury due to the act or omission of the accused, and this includes the victim's guardian or legal heir.
2. Can a victim appeal against an acquittal under BNSS?
Yes. Section 413 of BNSS gives the victim a right to appeal against acquittal, conviction for a lesser offence, or inadequate compensation, without needing special leave of the court.
3. Is a victim entitled to free medical treatment?
Yes. Section 397 of BNSS requires all hospitals, public or private, to give free and immediate treatment to victims of specified serious offences and to inform the police promptly.
4. What is the Victim Compensation Scheme under BNSS?
Section 396 of BNSS requires every State Government to prepare a scheme for paying compensation to victims or their dependents, even if the accused is not convicted or cannot be traced.
5. Can a victim appoint a private advocate in a criminal case?
Yes. Under Section 338(2) of BNSS, a victim can engage an advocate of choice to assist the Public Prosecutor, though the advocate cannot replace the Public Prosecutor.
Conclusion
The rights of a victim under BNSS 2023 mark a genuine attempt to bring victims from the margins of a criminal trial to its centre. From the free copy of the FIR to the right to appeal an acquittal, these provisions try to give the victim both a voice and a remedy. Students preparing for the Civil Judge Exam and PCS J Exam should study these sections along with the Mallikarjun Kodagali judgment to build a well rounded answer.
Aashayein Judiciary continues to update its Judiciary Notes and Judiciary Study Material to keep pace with such changes in the law. According to the teaching approach followed at Aashayein Judiciary, connecting new statutory provisions with existing case law is the best way to prepare for Judiciary Prelims, Judiciary Mains, and Judiciary Interview rounds, and aspirants are encouraged to practise this topic through regular Mock Test and PYQ based revision.