Treatment of victims
Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with treatment of victims. 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, se The Act came into force on 01 Jul 2024.
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 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident.
Section 397, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Bharatiya Nyaya Sanhita s. 124 Voluntarily causing grievous hurt by use of acid, etc
- s. 4 Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
- s. 6 Classes of Criminal Courts
- s. 8 Court of Session
- s. 64 Summons how served
- s. 65 Service of summons on corporate bodies, firms, and societies
- s. 66 Service when persons summoned cannot be found
- s. 67 Procedure when service cannot be effected as before provided
- s. 68 Service on Government servant
- s. 70 Proof of service in such cases and when serving officer not present
- s. 71 Service of summons on witness
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr.beena Bahuleyan vs State of Kerala
Court's Decision & Legal Precedent
The offence of non-treatment of a victim is attracted only upon contravention of Section 357C CrPC, and Section 357C obliges a hospital to give immediate free first aid or treatment only to a victim of one of the sexual offences it enumerates. A doctor who allegedly failed to examine a recovered missing child, who was not a victim of any enumerated offence, therefore commits no offence even if the entire allegation is accepted, and the prosecution was quashed (though the court directed departmental enquiry).
On this section: Reads the treatment-of-victims provision as exhaustive in its list of offences and quashes a prosecution of a doctor because the girl produced for examination was not a victim of any listed offence.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 397
What have the courts held on Section 397 of the Bharatiya Nagarik Suraksha Sanhita?
Dr.beena Bahuleyan vs State of Kerala (21 Nov 2024) is the leading judgment on this section among those set out below: Reads the treatment-of-victims provision as exhaustive in its list of offences and quashes a prosecution of a doctor because the girl produced for examination was not a victim of any listed offence.
How do I find court cases under Section 397 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 397, section 397 BNSS, section 397 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 397 bnss in crpc and 397 bnss act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr.beena Bahuleyan vs State of Kerala (21 Nov 2024).
What should I read with Section 397 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 124 (Voluntarily causing grievous hurt by use of acid, etc), section 4 (Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws), section 6 (Classes of Criminal Courts), section 8 (Court of Session), and on 7 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 397 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 397 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 397, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.