Compensation after sexual assault in India: legal aid, documents and safer follow-up
A survivor-led guide to victim compensation after sexual assault in India, including the BNSS route, NALSA scheme, District Legal Services Authority and privacy.
In this guide
Compensation can support recovery; it is not a verdict on worth
Victim compensation may help with treatment, rehabilitation, safety, education, lost income or other needs after a crime. A survivor is not responsible for the offence and does not have to prove that she is worthy of support.
The BNSS provides for a victim compensation scheme
Section 396 requires State Governments, in coordination with the Central Government, to prepare a scheme for victims or dependents who suffered loss or injury and need rehabilitation. State procedures and amounts can vary.
An offender does not always need to be identified first
Section 396(4) allows an identified victim or dependent to apply to the State or District Legal Services Authority where an offender is not traced or identified and no trial takes place. Ask the authority which current form and evidence it requires.
There is a NALSA scheme for women survivors
NALSA publishes a compensation scheme for women victims or survivors of sexual assault and other crimes. Read the current scheme and ask the State or District Legal Services Authority how it is applied locally.
There is no single guaranteed amount for every case
The category of harm, local scheme, injury, rehabilitation need, prior assistance and supporting records may affect the award. Do not rely on an online chart without checking the current State scheme.
Compensation is separate from treatment and safety
Medical care, police reporting, shelter, counselling and legal representation may have separate routes. A survivor can ask for urgent care or safety before preparing a full compensation file.
Find the correct authority and ask how to apply
The State Legal Services Authority and District Legal Services Authority are practical starting points. Ask them to identify the scheme currently used in the survivor’s State and whether interim support is available.
Contact the DLSA in the district
Ask the District Legal Services Authority about section 396 BNSS, the State Victim Compensation Scheme and the NALSA women-survivor scheme. Request a legal-aid lawyer or caseworker if you need help with the application.
Check whether another forum must forward the request
Depending on the stage, a court, police, hospital or legal-services authority may have a role in referring or processing the application. Ask who accepts it and how to get a receipt.
Ask about urgent or interim assistance
If medical treatment, safe accommodation, counselling or basic expenses cannot wait, tell the DLSA or SLSA that the need is urgent. Ask whether interim relief, referral or another scheme can help while the case is pending.
Use free legal services where eligible
Women and children are among categories eligible for legal services under the Legal Services Authorities Act. Ask NALSA, the SLSA or DLSA how to access a lawyer and what documents they need.
Do not pay a private agent to ‘release’ compensation
Verify the application channel through the official legal-services authority. Keep your bank details private and report any demand for a private payment or OTP.
| Need or fact | Document or safe explanation | Authority, receipt and follow-up |
|---|---|---|
| Current safety, shelter or medical need | ||
| Police/court or other case reference | ||
| Loss, treatment or rehabilitation need | ||
| DLSA/SLSA contact and application status |
Prepare a file without exposing private information
A compensation application should help the authority assess the loss and support need. Keep copies and share sensitive records only through a verified, confidential channel.
Ask for the current checklist
The authority may request an application, identity or residence proof, bank details, police or court reference, medical records, expense information or a rehabilitation plan. Requirements vary; do not collect documents that are not requested.
Describe the support need plainly
Explain what treatment, counselling, shelter, disability support, education, travel or income assistance is needed and why. A survivor does not need to write every intimate detail into a general application.
Keep a copy of every submission
Save the form, attachments, receipt number, submission date, contact person and next review date. Keep the record somewhere an abusive person cannot reach.
Protect the survivor’s contact and identity
Ask who may see the application, whether a safe phone/email can be used and how a child’s identity or shelter location will be protected. Redact unrelated records before sharing where permitted.
Do not wait for perfect paperwork in an emergency
A medical crisis, immediate threat or lack of shelter needs urgent response first. Ask the authority to tell you which documents can follow later and record the request.
Follow the application and respond to a refusal
A receipt and dated follow-up log make it easier to understand delay or appeal. The authority should explain the applicable scheme, decision and next step.
Ask for an acknowledgement and expected timeline
Get the application number, office name, contact and next review date. Ask how to check status without disclosing the survivor’s case in public.
Request the written decision
If the application is delayed, returned or denied, ask for the written reason, documents considered, amount calculation and appeal or review route under the current State scheme.
Update a changed rehabilitation need
New treatment, disability, relocation, childcare or safety costs may change what support is required. Ask whether additional or interim assistance can be considered and how to update the file.
Use a lawyer or DLSA caseworker
A legal-services provider can review the scheme, deadline, court status and available review. Compensation rules and implementation differ by State, so a local assessment matters.
Keep compensation separate from forced compromise
Do not sign a withdrawal, settlement, confession or no-complaint statement under pressure to receive money. Ask a lawyer what the document changes before signing.
Coordinate compensation with care and safety
Financial support can be one part of recovery. The survivor should choose whether and how her family, employer or support person is involved.
Get medical care without waiting for a compensation award
Seek prompt care after sexual assault and ask the facility to explain confidentiality, records, consent and follow-up. The Ministry of Health guidance describes care responsibilities for health facilities.
Ask for safe shelter and counselling
A One Stop Centre or Women Helpline 181 may help connect shelter, legal, police, medical or counselling support. Ask about privacy and local availability.
Call emergency services for immediate danger
Call 112 for immediate violence, confinement, serious injury or a direct threat. Compensation paperwork can continue after urgent safety is addressed.
Protect bank access
Use an account the survivor controls where possible. Do not give a relative, partner or caller an OTP or password. Ask the DLSA how a payment is made and what proof the authority needs.
Let the survivor choose the pace
A supporter can help with transport, forms and follow-up, but should not decide what the survivor reports, whom she tells or how she uses an award.
Questions people ask
Do I need a conviction before applying?
Section 396(4) provides an application route where an offender is not traced or identified and no trial takes place. Other situations and scheme steps depend on the State process; ask the DLSA for a case-specific answer.
How much compensation will I receive?
There is no amount that can be promised for every case. The current State scheme, category, harm, rehabilitation needs and documents can matter. Ask the DLSA for the applicable schedule and written calculation.
Can a woman or girl get legal aid?
Women and children are eligible categories under the legal-services framework. Contact the local DLSA, SLSA or NALSA to ask how to apply for free legal assistance.
Will applying make my case public?
Ask the authority about confidentiality, who can see the application and which records must be shared. Keep receipts and sensitive documents private; do not post them online.
What can a supporter say?
‘You can ask the DLSA about compensation and urgent help without sharing your whole story publicly. I can help with the form and follow-up if you want, and you stay in control.’
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Sources and publication record
Draft prepared 25 September 2026; project-team editorial review pending · Sources checked .
- Bharatiya Nagarik Suraksha Sanhita, 2023India Code, Legislative Department
- NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes and victim-compensation resourcesNational Legal Services Authority
- Legal Services Authorities Act, 1987India Code, Legislative Department
- Free legal services and National Legal Aid Helpline 15100National Legal Services Authority
- Guidelines for medico-legal care for survivors and victims of sexual violenceMinistry of Health and Family Welfare, Government of India
- Charter of Patients’ Rights and ResponsibilitiesMinistry of Health and Family Welfare, Government of India
- Emergency Response Support System 112Ministry of Home Affairs
- Women Helpline 181Ministry of Women and Child Development
- One Stop Centre schemeMinistry of Women and Child Development