Rule 12 Relief and the Victim Compensation Scheme

Two counters pay money to a crime victim, and an atrocity victim can stand at both. The first is the Act's own: Rule 12 relief, fixed by the Schedule, paid by the District Magistrate on the case's calendar, audited by the Special Court. The second is the general law's: the victim compensation scheme under Section 396 BNSS, run by the Legal Services Authorities, assessed on the harm and open even where the offender is never traced. The two differ in beneficiary, decision-maker, trigger, quantum and speed, and Rule 12(5) settles how they combine. This note compares them counter by counter.

Figure 1: Rule 12 relief and the victim compensation scheme

1. The Rule 12 Counter

• Who and what. Victims of atrocities, their family members and dependants receive relief in cash or kind within seven days, and the Schedule's fixed minimums, 85,000 to 8,25,000 rupees by offence head, in prescribed instalments (Rule 12(4); Annexure I).
• Who decides. No one assesses: the District Magistrate pays the scheduled amount at the scheduled stage, with direct treasury drawal available (Rule 12(4A)). Discretion enters only in add-ons like the item 46 package.
• The stages. Commonly 25 per cent at FIR, 50 at charge-sheet, 25 on conviction; rape and gang rape start with 50 per cent after the medical report; death cases complete by the charge-sheet (Topic 44).
• The audit. The Special Court receives the relief report and orders full or part payment where relief was late, short or partial (Rule 12(7)); the High Courts enforce by writ.

2. The Section 396 Counter

• Who and what. Any victim of crime who has suffered loss or injury and needs rehabilitation, under the scheme every State frames in coordination with the Centre (Section 396 BNSS, formerly Section 357A CrPC).
• Who decides. The District or State Legal Services Authority, on the court's recommendation or the victim's own application, after enquiry, with interim relief available; awards follow the scheme's norms rather than a fixed schedule.
• Independent of conviction. The scheme operates even where the offender is not traced or identified, and after acquittal where the victim needs rehabilitation, the feature the Rules' relief does not replicate.
• For women victims. The NALSA scheme for women victims of sexual assault supplies uniform norms, and it directs that certain compensation received under other schemes be taken into account in fixing its own award.

Figure 2: Two counters, one victim

3. Combining the Two

• The rule of cumulation. Rule 12(5): relief for death, injury, rape, gang rape, unnatural offences, acid attacks or damage to property is in addition to any other right to claim compensation under any other law. Nothing in the Rules deducts scheme money from relief.
• The scheme's own accounting. The set-off runs, if at all, on the scheme's side: a Legal Services Authority may weigh other receipts when fixing its award, as the NALSA scheme provides. The applicable State scheme must be read.
• The third source. On conviction, Section 395 BNSS compensation from the accused remains available, and courts must consider it; it neither reduces relief nor bars the scheme.
• Practice point. For an atrocity victim, the sequence is usually: immediate and staged relief as of right, a Section 396 application where the harm outruns the Schedule or the case collapses without conviction, and Section 395 pressed at sentencing.

4. Quick Revision

• Rule 12. Fixed amounts, staged by the case, paid by the DM within days, audited under Rule 12(7).
• Section 396 BNSS. Assessed awards by the Legal Services Authority, conviction not required, interim relief possible.
• Cumulation. Rule 12(5) keeps relief additional; any accounting happens on the scheme's side.
• Third source. s.395 BNSS compensation from the accused on conviction.

5. Frequently Asked Questions

Can an atrocity victim claim under both Rule 12 and the victim compensation scheme?

Yes. Rule 12(5) makes relief additional to compensation under any other law; the scheme may weigh other receipts in its own award.

Which route pays when the accused is never identified?

The Section 396 scheme, which operates on the harm; the Rules' relief follows the atrocity case's own stages.

Who fixes the amount at each counter?

Rule 12: the Schedule fixes it in advance, and the DM pays. Section 396: the Legal Services Authority assesses under the State scheme.

Can the Special Court correct a scheme award?

No. Its Rule 12(7) audit covers relief under the Rules; scheme awards follow the scheme's own machinery.

6. Related Topics and Provisions

• Topic 44: Relief and Rehabilitation. The Rules' side in full.
• Topic 75: Relief, Compensation and Rehabilitation. The three concepts.
• Topic 39: Rules, 1995. Rule 12 and the Schedule.
• Rules 11, 12; Annexure I; ss.395, 396 BNSS; the NALSA scheme, 2018. The provisions discussed.