Section 397 BNSS: Treatment of Victims and Free Medical Treatment

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) imposes an immediate statutory duty on every public and private hospital to provide free first aid or medical treatment to victims of specified offences and to immediately inform the police of the incident.

BNSS in force from 1 July 2024 | Updated legal overview

Section 397 BNSS - Treatment of victims

397. Treatment of victims. All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are required to immediately provide first aid or medical treatment, free of cost, to victims of the offences specified in this section under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012, and to immediately inform the police of the incident.

The paragraph above is a concise restatement for readability. For the authoritative statutory text, see the official sources linked in the right sidebar.

What Section 397 BNSS means

The provision is a victim-protection measure. It places the responsibility for immediate medical care on the hospital itself and applies regardless of whether the hospital is public or private. For the offences expressly listed in the section, the victim's access to first aid or medical treatment cannot be made conditional on payment before treatment.

Key rule: Treatment must be immediate and free of cost for victims falling within the offences specified in Section 397. The hospital must also immediately inform the police.

Duties of hospitals under Section 397

RequirementWhat the provision requires
Hospitals coveredAll hospitals, whether public or private, including those run by the Central Government, State Government, local bodies or any other person.
TimingFirst aid or medical treatment must be provided immediately.
CostThe required first aid or medical treatment is to be provided free of cost to victims of the offences specified in the section.
Police informationThe hospital must immediately inform the police of the incident.

Offences covered by Section 397 BNSS

Section 397 expressly refers to victims of specified offences under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012.

Bharatiya Nyaya Sanhita, 2023

ProvisionSubject
Section 64Punishment for rape.
Section 65Punishment for rape in certain cases involving a woman below specified ages.
Section 66Punishment where rape causes death or results in a persistent vegetative state.
Section 67Sexual intercourse by a husband upon his wife during separation.
Section 68Sexual intercourse by a person in authority.
Section 70Gang rape.
Section 71Punishment for repeat offenders.
Section 124(1)Voluntarily causing grievous hurt by use of acid or similar means.

Protection of Children from Sexual Offences Act, 2012

ProvisionSubject
Section 4Punishment for penetrative sexual assault.
Section 6Punishment for aggravated penetrative sexual assault.
Section 8Punishment for sexual assault.
Section 10Punishment for aggravated sexual assault.

Corresponding provision under the Code of Criminal Procedure, 1973

Section 397 BNSS broadly corresponds to Section 357C of the Code of Criminal Procedure, 1973, which also required specified hospitals to provide immediate and free medical treatment to victims of certain offences and to inform the police. The BNSS provision updates the cross-references to the Bharatiya Nyaya Sanhita, 2023 and expressly includes the listed POCSO Act offences.

Why Section 397 is important

For victims of serious sexual offences, offences against children and specified acid-attack related harm, delay in treatment can have significant medical and evidentiary consequences. Section 397 therefore makes immediate access to treatment a statutory obligation rather than a matter left to hospital discretion.

Practical point: Section 397 addresses the hospital's duty to provide treatment and notify police. Questions about compensation and rehabilitation are separately dealt with under Section 396 BNSS - Victim compensation scheme.

The provision appears alongside other victim and witness protection measures. Relevant neighbouring provisions include Section 395 - Order to pay compensation, Section 396 - Victim compensation scheme, and Section 398 - Witness protection scheme.

Disclaimer: This page is intended for general legal information. For a specific case, consult a qualified legal professional and verify the latest official statutory text and notifications.