Supreme Court directs trial courts to order payment of victim compensation in sexual assault cases

Senior advocate Sanjay Hegde and advocate Mukund P. Unny highlighted that Section 357A of the Code of Criminal Procedure, which provides for State governments to implement a victim compensation scheme, was hardly implemented

The Supreme Court has directed Sessions Courts deciding sexual assault cases to mandatorily order compensation to be paid to victims, especially if the survivors are minors and women.

“A Sessions Court which adjudicates a case concerning the bodily injuries such as sexual assault, etc, particularly on minor children and women shall order for victim compensation to be paid having regard to the facts and circumstances of the case and based on the evidence on record, while passing the judgment either convicting or acquitting the accused,” a Bench headed by Justice B.V. Nagarathna held in a November 4 order published on Wednesday.

The order was passed in a Protection of Children from Sexual Offences (POCSO) Act case after amicus curiae, senior advocate Sanjay Hegde, and advocate Mukund P. Unny highlighted that Section 357A of the Code of Criminal Procedure, which provides for State governments to implement a victim compensation scheme, was hardly implemented.

“It is noted that direction for payment of victim compensation is to be implemented by the District Legal Services Authority or the State Legal Services Authority, as the case may be, and the compensation has to be released to the victim as early as permissible,” the order said.

The top court ordered that the Sessions Courts could even direct the payment of interim compensation depending on the facts of each case.

The Bench directed the Supreme Court Registry to forward copies of its orders to the various State High Courts for onward transmission to district judges across the country.

Published - November 06, 2024 10:13 pm IST