Reena Banerjee v. NCT of Delhi
Bench: Division Bench — 2 Judges (S.K. Kaul & Hrishikesh Roy JJ)
Parties
Facts of the Case
The victim of a violent crime in Delhi had not been awarded compensation under the Delhi Victim Compensation Scheme — despite the Section 357A CrPC (now BNSS Section 396) framework obligating States to create and implement victim compensation schemes. The trial court and High Court had not addressed victim compensation. The Supreme Court took up the matter to address the systemic problem of courts failing to apply victim compensation schemes.
Legal Issues Before the Court
- 1Is the award of victim compensation under Section 357A CrPC mandatory or discretionary?
- 2What is the obligation of trial courts to consider and award victim compensation even in the absence of a specific application?
The Judgment
The Court held that victim compensation under Section 357A CrPC (now BNSS Section 396) is not discretionary — it is a mandatory consideration that trial courts must address in every case involving a victim of crime. The trial court is obligated to consider whether the victim (or their dependants) should be compensated, to inform victims of the existence of the scheme, and to recommend appropriate compensation to the State's Legal Services Authority. Failure to address victim compensation is a failure of the court's duty.
Key Principles Laid Down
VICTIM COMPENSATION IS MANDATORY CONSIDERATION: Section 357A CrPC (BNSS Section 396) imposes an obligation on courts to consider victim compensation in every case. It is not something courts can ignore — the victim's right to compensation is part of the criminal justice process.
COURT MUST ACT SUO MOTU: Where a victim has not applied for compensation, the court must still consider whether compensation is appropriate — and must inform the victim of the availability of the scheme. The court cannot wait for a formal application.
LEGAL SERVICES AUTHORITY — GATEWAY FOR COMPENSATION: The mechanism under Section 357A runs through the State or District Legal Services Authority, which administers the victim compensation scheme. Courts must direct these authorities to evaluate and process compensation claims promptly.
COMPENSATION INDEPENDENT OF CONVICTION: Victim compensation under Section 357A/BNSS 396 is independent of whether the accused is convicted or acquitted. Even where the accused is acquitted, the victim may be entitled to compensation from the State's scheme if they suffered as a result of the crime.
Impact on Indian Law
Reena Banerjee (2021) and related directions have significantly raised the profile of victim compensation in Indian criminal justice. Courts across India are now expected to address Section 357A/BNSS 396 compensation in every case. This case is particularly significant in the context of the BNSS 2023 which has strengthened victim rights provisions, including Section 396.
Frequently Asked Questions
Is victim compensation mandatory under Indian criminal law?
Yes. Reena Banerjee (2021) held that consideration of victim compensation under Section 357A CrPC (now BNSS Section 396) is mandatory — not discretionary. Courts must address compensation in every case involving a crime victim, inform victims of available schemes, and direct Legal Services Authorities to evaluate claims. Compensation can be awarded even if the accused is acquitted.