Victim
Under Section 2(1)(y) of the BNSS, a person who has suffered loss or injury caused by the act or omission of the accused person, including the victim's guardian or legal heir.
Explained
Section 2(1)(y) of the BNSS defines victim as a person who has suffered any loss or injury caused by reason of the act or omission of the accused person, and includes the guardian or legal heir of such victim. Section 2(wa) of the CrPC (earlier) spoke of loss or injury caused by the act or omission "for which the accused person has been charged". The BNSS drops the words linking the loss to the charge, so on its text the definition no longer depends on a charge having been framed.
The Sanhita gives the victim a series of participatory rights. Under the proviso to Section 18(8), the Court may permit the victim to engage an advocate of choice to assist the prosecution. Section 193(3)(ii) requires the police to inform the informant or the victim of the progress of investigation within ninety days. Section 230 entitles the victim, if represented by an advocate, to copies of the police report and documents. The proviso to Section 360 bars a Court from allowing withdrawal from prosecution without hearing the victim. Section 396 requires every State to frame a victim compensation scheme.
The most tested right is in the proviso to Section 413 (earlier the proviso to Section 372 of the CrPC). The victim may appeal against an order acquitting the accused, convicting him of a lesser offence or imposing inadequate compensation, and the appeal lies to the court to which an appeal ordinarily lies against a conviction by that court.
Special laws define the term in their own way. Section 2(1)(ec) of the SC and ST (Prevention of Atrocities) Act, 1989 covers a member of a Scheduled Caste or Scheduled Tribe who has suffered physical, mental, psychological, emotional or monetary harm, or harm to property, from an offence under that Act, and includes relatives, legal guardian and legal heirs. Examiners ask how the BNSS definition differs from the CrPC one, the three grounds of a victim's appeal, and the rights to be heard and informed.
What the law says
(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim;
Clause (1)(y) defines victim
Earlier law: CRPC 2. Definitions.
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Proviso gives the victim a right of appeal
Earlier law: CRPC 372. No appeal to lie unless otherwise provided.
(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.
Victim compensation scheme
Earlier law: CRPC 357A. Victim compensation scheme.; 357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.
Provided further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case.
Victim to be heard before withdrawal from prosecution
Earlier law: CRPC 321. Withdrawal from prosecution.
(ec) “victim” means any individual who falls within the definition of the “Scheduled Castes and Scheduled Tribes” under clause (c) of sub-section (1) of section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this Act and includes his relatives, legal guardian and legal heirs;
Clause (1)(ec) wider definition for atrocity offences
Earlier law: Section 2, CrPC
Example
For example, if A is acquitted of causing grievous hurt to B, B may appeal against the acquittal under the proviso to Section 413, and if B has died, B's legal heir may do so as the definition includes the legal heir.
For the exam
- Section 2(1)(y) BNSS: loss or injury caused by the act or omission of the accused; includes guardian or legal heir.
- CrPC Section 2(wa) required an act or omission for which the accused was charged; BNSS drops this.
- Section 413 proviso: victim may appeal acquittal, conviction for lesser offence or inadequate compensation.
- Section 360 proviso: no withdrawal from prosecution without hearing the victim.
- Section 396: State victim compensation scheme; Section 193(3)(ii): progress report to victim within 90 days.
450 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- ComplaintUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- InjuryUnder Section 2(14) of the BNS, any harm whatever illegally caused to any person in body, mind, reputation or property.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- JudgmentUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.