Section 397 BNSS: Treatment of victims (Formerly Section 357C CrPC)

Section 397 of Bharatiya Nagarik Suraksha Sanhita, 2023: Treatment of victims

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 64, section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the police of such incident.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 397

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that all hospitals, public and private, shall provide immediate, free first-aid and medical treatment to victims of specified crimes.

Causation Despite Medical Neglect: Section 397 provides that all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under specified provisions of the Bharatiya Nyaya Sanhita, 2023 (including acid attack, rape.
Core Legal Standard: Sexual assault), and shall immediately inform the police of such incident.

Section 397 codifies an urgent statutory mandate requiring all medical establishments to render immediate, gratuitous medical treatment to victims of violent crime.

Key Landmark Precedents:

Parmanand Katara v. Union of India (1989) 4 SCC 286: The Supreme Court held that the preservation of human life is paramount; every doctor and hospital, private or public, has an unconditional obligation to provide emergency medical aid without waiting for police clearance.
Laxmi v. Union of India (2014) 4 SCC 427: Affirmed that private hospitals refusing free emergency treatment to acid attack survivors are liable to penal action and loss of registration.

Legal Commentary:

Section 397 imposes a non-negotiable statutory duty on private and public medical institutions. Refusal by any hospital to provide immediate free medical aid to rape or acid attack survivors constitutes a direct criminal violation exposing the hospital administration to penal prosecution.