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.
Bharatiya Nagarik Suraksha Sanhita
Section 397
Treatment of victims
Englishहिंदी
⚡ Quick Answer Reference: Section 397 BNSS
- Provision: Section 397 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: Hospitals must give free first-aid or medical treatment to victims of certain crimes and inform the police immediately.
Statutory Content
What does Section 397 of BNSS say?
Indian StandardSection 397, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 397 (India)
Court Pleading StandardSection 397 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/397
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 397 of BNSS mean?
Plain English Explanation
Hospitals must give free first-aid or medical treatment to victims of certain crimes and inform the police immediately.
Practical Interpretation
This section ensures victims of specified crimes receive immediate medical attention without cost, while also notifying the police for further action.
Core Legal Purpose
The purpose is to provide immediate medical care to victims of serious crimes and to ensure police are notified promptly to initiate investigations.
Key Legal Elements
- •The hospital, whether public or private, must provide medical treatment.
- •The treatment must be for victims of offences covered under the specified sections of the Bharatiya Nyaya Sanhita or the Protection of Children from Sexual Offences Act.
- •The key legal test is whether the victim's condition requires immediate medical attention.
- •There is no explicit exception or limitation mentioned in this section regarding the provision of medical treatment.
Practical Example
Practical Example of Section 397 BNSS
Rajesh, a victim of a crime covered under section 64 of the Bharatiya Nyaya Sanhita, is taken to a private hospital in Mumbai. The hospital immediately provides Rajesh with the necessary medical treatment free of cost and informs the local police station about the incident, ensuring both the victim's health and the initiation of a police investigation.
Common Questions (FAQ)
Frequently Asked Questions about Section 397 BNSS
Q: What is the punishment or consequence under Section 397 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the responsibility of hospitals towards victims of certain crimes.
Q: Does this section apply to private individuals or public entities?
This section applies to all hospitals, whether they are public or private, indicating that both types of entities have the responsibility to provide free medical treatment to victims of the specified crimes.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It focuses on the procedural aspect of providing medical treatment and notifying the police.
People Also Ask (PAA)
Common Questions about Section 397 BNSS
What is Section 397 of BNSS?
Section 397 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Treatment of victims". In plain terms: Hospitals must give free first-aid or medical treatment to victims of certain crimes and inform the police immediately.
What is the punishment under Section 397 of BNSS?
Section 397 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 397 of BNSS bailable or non-bailable?
Section 397 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 397 of BNSS?
The essential elements of Section 397 of BNSS are: The hospital, whether public or private, must provide medical treatment.; The treatment must be for victims of offences covered under the specified sections of the Bharatiya Nyaya Sanhita or the Protection of Children from Sexual Offences Act.; The key legal test is whether the victim's condition requires immediate medical attention..
Landmark Case Laws
Landmark Judgments under Section 397 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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