Side-by-Side Comparison

CrPC Section 357 vs BNSS Section 395

BNSS Section 395 strengthens victim compensation with two innovations: courts must now record reasons if declining to award compensation (ending casual omission); and community service is introduced as a formal sentencing option — India's first codified restorative justice sentence.

What Changed?

BNSS Section 395(4): court must record reasons if not awarding compensation — no CrPC 357 equivalent.

BNSS Section 395(5): community service as formal sentencing option — no CrPC equivalent.

Same compensation power from fine or separately — preserved.

State Victim Compensation Scheme (Section 357A equivalent) strengthened.

Verdict

"Mandatory reasons for compensation denial transforms victim compensation from optional to institutionally required. Community service expands the sentencing toolkit — enabling meaningful consequences without the criminalising effects of short imprisonments."

Detailed Analysis

OLD LAW (IPC)

CrPC Section 357

Act of 1860

Section Data Pending

Details for this section are being updated.

PunishmentN/A

REFORM

NEW LAW (BNS)

BNSS Section 395

Act of 2024

Section Data Pending

Details for this section are being updated.

PunishmentN/A

1860

CrPC Section 357 Origin

2024

BNSS Section 395 Reform

Legal Implications

CrPC Section 357 was a powerful tool that courts systematically underused — surveys showed compensation was awarded in only a small fraction of eligible cases with no accountability for the omission. BNSS Section 395(4) changes the institutional incentive: courts must now justify non-award in writing. Community service is the BNSS's contribution to restorative justice — an entirely new sentencing tool that has no CrPC equivalent.

Practical Scenarios

"Assault conviction — court can order community service hours under BNSS 395 instead of short imprisonment."

Expert Q&A

What are the two biggest changes from CrPC 357 to BNSS 395?

First, courts must now record reasons if declining victim compensation — ending casual omission. Second, community service is introduced as a formal sentencing option — India's first codified restorative justice sentence.

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