From Section 357 To Sections 395–398: Victim Compensation And Witness Protection Under The Bharatiya Nagarik Suraksha Sanhita, 2023 - Doctrinal Continuity Or Functional Transformation?
Neelam Patel, Sardar Patel University, Balaghat, M.P.
ABSTRACT
The transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents one of the most significant changes in India's criminal procedural framework in recent decades. Among the provisions deserving particular attention are those concerning victim compensation, medical assistance and witness protection. Under the CrPC, Sections 357, 357A, 357B and 357C progressively developed a framework through which compensation ceased to be merely an incidental consequence of criminal punishment and acquired an important rehabilitative and victim- oriented character. The BNSS reorganises these principles principally through Sections 395, 396 and 397, while Section 398 introduces an express statutory provision concerning witness protection. This paper examines whether this transition constitutes a doctrinal rupture or represents substantial continuity accompanied by functional transformation. Adopting a doctrinal and analytical methodology, the paper compares the statutory language, institutional mechanisms and judicial principles associated with the two regimes. It argues that the BNSS does not fundamentally abandon the jurisprudential foundations developed under the CrPC. Rather, it preserves the central architecture of court- ordered compensation, State-funded victim compensation, rehabilitation and medical assistance, while introducing certain procedural clarifications, including a two-month period for compensation enquiries and express provision for interim relief. The statutory recognition of witness protection under Section 398 also represents an important institutional development, although it builds upon the Witness Protection Scheme, 2018 previously recognised by the Supreme Court. The paper therefore concludes that the BNSS is best understood as doctrinal continuity accompanied by functional transformation, rather than either complete legislative continuity or substantive rupture. The effectiveness of this transformation, however, will ultimately depend upon institutional capacity, uniform implementation, adequate funding and judicial enforcement.
Keywords: Victim Compensation, Witness Protection, BNSS, CrPC, Restorative Justice, Victimology, Criminal Justice
