How to claim acid attack survivor compensation under Supreme Court rules

The immediate aftermath: Beyond the headlines

Imagine a friend or someone in your colony survives an acid attack. Amidst the trauma and the rush to the hospital, the family is hit with two massive blows: astronomical medical bills and a confusing police system. You might hear people say "nothing can be done" or "it will take years in court," but that is legally incorrect.

In India, the Supreme Court has established that the State is responsible for the rehabilitation of survivors. This isn't a favour; it is a right. Whether it is the mandatory ₹3 lakh minimum compensation or the right to free medical treatment at any hospital, the law is designed to act fast. If you are helping a survivor, your role isn't just emotional support—it is ensuring the District Legal Services Authority (DLSA) and the State government fulfill their legal obligations immediately.

What the law actually says

The legal framework for acid attack survivors shifted significantly with the introduction of the new criminal laws in July 2024, but the core protections established by the Supreme Court remain intact.

1. The Right to Compensation (Section 396 BNSS)

Under Section 396 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—which replaced Section 357A of the CrPC—every State Government, in coordination with the Central Government, must prepare a scheme for providing funds for the purpose of compensation to the victim.

In the landmark case of Laxmi v. Union of India (2014), the Supreme Court mandated that:

• A minimum compensation of ₹3 lakh must be paid to the survivor.
• ₹1 lakh must be paid within 15 days of the incident to cover immediate medical expenses.
• The remaining ₹2 lakh must be paid as expeditiously as possible, and positively within two months thereafter.

Furthermore, the NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes (2018), which was approved by the Supreme Court in Nipun Saxena v. Union of India, suggests a higher upper limit of ₹7 lakh to ₹8 lakh for complete disfigurement.

2. Free Medical Treatment (Section 397 BNSS)

Section 397 of the BNSS (formerly Section 357C CrPC) mandates that all hospitals—public or private, run by the Central Government, State Government, or local bodies—must immediately provide first-aid or medical treatment, free of cost, to victims of acid attacks. Refusal by a hospital to treat a survivor is a criminal offence under Section 198 of the Bharatiya Nyaya Sanhita (BNS).

3. Criminal Charges (Section 124 BNS)

Acid attacks are specifically punished under Section 124 of the BNS (formerly Section 326A IPC). The law ensures that any fine imposed by the court shall be paid to the victim to meet their medical expenses. This is in addition to the compensation paid by the State.

Step-by-step playbook to claim compensation

Timing is everything. The goal is to get the first ₹1 lakh released within the 15-day window mandated by the Supreme Court.

Step 1: Secure the MLC and FIR

As soon as the survivor is admitted, the hospital will create a Medico-Legal Case (MLC) report. This is a primary document. Simultaneously, ensure an FIR is registered.

• What to do: Go to the nearest police station. If the survivor is unable to move, the police are required to come to the hospital to record the statement.
• What to bring: Identity proof of the survivor (Aadhaar/Voter ID) and the MLC number from the hospital.
• Internal Link: If the police refuse to register the case, follow the steps in How to file an FIR (and what to do if police refuse).

Step 2: Apply to the District Legal Services Authority (DLSA)

The DLSA, located in every District Court complex, is the nodal agency for disbursing compensation. You do not need to wait for the trial to end or for the attacker to be caught to apply for interim compensation.

• What to do: Submit a formal application for compensation to the Secretary of the DLSA.
• What to upload/attach:
  1. Copy of the FIR.
  2. Copy of the MLC or medical certificate from the treating doctor.
  3. Copy of the survivor’s Aadhaar card and bank passbook (for DBT transfer).
  4. A brief cover letter requesting "Interim Compensation as per the Laxmi v. Union of India mandate."
• Timeline: The DLSA must process the interim relief of ₹1 lakh within 15 days of the application or the incident coming to their notice.

Step 3: Request for Free Medical Treatment Certificate

If a private hospital demands upfront payment for surgeries, invoke Section 397 of the BNSS.

• What to do: Ask the DLSA or the Chief Medical Officer (CMO) of the district to issue a letter confirming the survivor's eligibility for free treatment under the Supreme Court guidelines.
• What to do if it fails: If the hospital refuses, call the 112 emergency helpline or the Cyber Crime reporting portal is not the right place, but you can contact the National Commission for Women (NCW) at 011-26237722.

Step 4: Apply for State-Specific Relief (CMRF)

Many states like Uttar Pradesh, Haryana, and Delhi have additional slabs of compensation from the Chief Minister’s Relief Fund (CMRF) that can go up to ₹10 lakh or more.

• What to do: Visit the official state portal (e.g., edistrict.delhigov.nic.in or up.gov.in) and look for "Victim Compensation Scheme" or apply through the District Magistrate’s (DM) office.
• What to bring: Income certificate (if required by the specific state scheme), photographs of the injuries (if requested by the medical board), and the DLSA application copy.

Step 5: Follow up on the Final Award

Once the medical board assesses the percentage of disability/disfigurement, the DLSA will decide the final compensation amount (the balance of the ₹3 lakh minimum or higher as per the NALSA 2018 scheme).

• Timeline: Usually decided within 60 to 90 days of the application.
• What to do if it fails: If the DLSA rejects the application or awards an amount lower than the ₹3 lakh mandate, you can file an appeal with the State Legal Services Authority (SLSA) or a writ petition in the High Court. You can File an RTI online to check the status of the compensation fund if there is an unexplained delay.

Step 6: Post-Compensation Rehabilitation

Compensation is just the start. The survivor may need help with employment or education.

• What to do: Check for the "Rights of Persons with Disabilities Act, 2016", which classifies acid attack survivors as persons with benchmark disabilities, making them eligible for reservation in government jobs and education.
• Internal Link: For broader support on workplace rights, see POSH at workplace and college.

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Where it usually breaks

The law is clear, but the implementation is often messy. Here is where you will likely face friction and how to push through:

1. The "Private Hospital" Refusal Private hospitals frequently try to redirect survivors to government facilities, claiming they don't have the "infrastructure" or that "it’s a police matter."

• The Workaround: Remind the hospital administration of Section 397 of the BNSS and Section 198 of the BNS. Under Section 198 BNS, a doctor (public or private) who refuses to provide free immediate treatment can be jailed for up to one year. If they still refuse, record the conversation on your phone and call 100/112 immediately. The threat of a criminal case against the MD of the hospital usually ends the "referral" talk.

2. The "Budget is Empty" Excuse at the DLSA When you follow up with the District Legal Services Authority, they might tell you that the state government hasn't released the "Victim Compensation Fund" budget for the year.

• The Workaround: The Supreme Court in Laxmi v. Union of India (2014) did not make compensation "subject to budget availability." It is a mandatory directive. If the DLSA stalls for more than 15 days for the first ₹1 lakh, send a formal letter to the Member Secretary of the State Legal Services Authority (SLSA). Mention that the delay is a direct violation of Supreme Court orders.

3. Demand for a "Conviction" first Lower-level clerks might tell the survivor that they can only get money after the attacker is proven guilty in court.

• The Workaround: This is legally wrong. The NALSA 2018 Scheme (specifically Clause 10) and the BNSS allow for interim compensation. You do not need a conviction; you only need a registered FIR and a medical report (MLC) confirming the acid injury.

4. The "Out of State" complication If a survivor from Bihar is attacked in Delhi, the DLSAs might fight over who pays.

• The Workaround: The application should be filed where the FIR is registered. If the survivor has moved back to their home state for recovery, they can apply through the DLSA in their home district, which will then coordinate with the state where the crime happened.

Templates / script

A. Script for calling the DLSA to check status

"Hello, I am calling regarding the compensation application for [Survivor Name], filed on [Date] following an acid attack on [Date of incident]. Under the Supreme Court's directives in the Laxmi case, the first ₹1 lakh was due within 15 days. It has been [Number] days. Can you provide the diary number of the file and the name of the officer currently processing the disbursement? We are prepared to escalate this to the State Legal Services Authority if the 15-day mandatory window is ignored."

B. Template for DLSA Compensation Application

To, The Secretary, District Legal Services Authority, [District Name], [State Name]

Subject: Application for Interim Compensation under Section 396 BNSS and NALSA’s Compensation Scheme 2018.

Respected Sir/Madam,

I am writing to apply for interim compensation for [Survivor Name], who is a survivor of an acid attack that occurred on [Date] at [Location].

1. FIR Details: FIR No. [Number], dated [Date], registered at [Police Station] under Section 124 BNS.
2. Medical Status: The survivor is currently undergoing treatment at [Hospital Name] for [Percentage]% burns/disfigurement as per MLC No. [Number].
3. Legal Precedent: As per the Supreme Court’s directions in Laxmi v. Union of India (2014), a minimum of ₹3 lakh must be paid, with ₹1 lakh to be released within 15 days of the incident.

Attached are the FIR copy, MLC, and the survivor’s bank details. Please expedite the disbursement of the interim amount of ₹1 lakh to the survivor’s account immediately to cover life-saving medical expenses.

Yours faithfully, [Your Name/Survivor Name] [Phone Number]

C. Formal Notice to a Hospital Refusing Treatment

"To the Medical Superintendent, [Hospital Name]. You are hereby informed that under Section 397 of the BNSS, you are legally mandated to provide free first-aid and medical treatment to the victim of an acid attack. Refusal to do so is a punishable offence under Section 198 of the BNS. We request immediate admission and treatment. If treatment is denied, we will be forced to report this non-compliance to the Magistrate and the Chief District Medical Officer (CDMO) immediately."

FAQs

1. Can we claim compensation if the attacker has not been caught? Yes. Compensation is a "Victim's Right" and is not dependent on the arrest or identity of the attacker. If the police file a "trace-less" report or if the attacker is unknown, the DLSA is still required to process the compensation based on the FIR and medical evidence.

2. Does "free treatment" include expensive plastic surgeries? Yes. The Supreme Court has clarified that "treatment" includes specialized surgeries and reconstructive procedures. Under the NALSA scheme, the State must cover the full cost of medical treatment, including medicines, bed charges, and surgeries, even in private hospitals if the government facility is unequipped.

3. What if the attack happened several years ago but no compensation was paid? You can still apply. While most schemes mention a timeline (usually 6 months to 1 year for filing), the DLSA has the power to "condone delay" (ignore the late filing) if there is a valid reason, such as the survivor being in long-term medical recovery or being unaware of their legal rights.

4. Can a male survivor of an acid attack claim this compensation? The NALSA 2018 scheme specifically targets women survivors. However, every state has its own general "Victim Compensation Scheme" (VCS) under Section 396 BNSS (formerly 357A CrPC). Male survivors can claim compensation under these state-specific schemes, though the amounts may vary slightly from the NALSA minimums.

5. If the court orders the attacker to pay a fine, do I still get State compensation? Yes. The compensation from the State (DLSA) is separate from the fine imposed on the attacker by a judge. Under Section 124 of the BNS, any fine imposed on the convict must be paid directly to the survivor. This is in addition to the ₹3 lakh+ you receive from the government.

6. Can the hospital charge for medicines or bandages? No. The law says "free of cost." This includes all consumables like bandages, ointments, and medicines required during the hospital stay. If a hospital asks you to buy medicines from outside, keep the bills and submit them to the DLSA for full reimbursement while filing a complaint with the State Health Department.