38.6c New Delhi, India, Thursday, November 21, 2024
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court directs Sessions Courts to enforce victim compensation orders in Sexual Assault Cases [Read Order]

By Jhanak Singh      07 November, 2024 01:16 PM      0 Comments
Supreme Court directs Sessions Courts to enforce victim compensation orders in Sexual Assault Cases

NEW DELHI: The Supreme Court has reminded the sessions courts across the country of their obligations to necessarily issue orders for compensation of the victims of sexual assaults in their judgments.

SC Orders Victim Compensation in Sexual Assault Cases: Sessions Courts Must Act Promptly

A bench of Justices B V Nagarathna and Pankaj Mithal said the directions of victim compensation would be implemented by the District or State Legal Services Authority in letter and spirit and in the quickest manner.

The court also said there can also be a direction for payment of interim compensation which could be made by the Sessions Court depending upon the facts of each case.

The bench was hearing a plea against rejection of suspension of sentence by Saibaj Noormohammad Shaikh against the Bombay High Court.

Supreme Court Emphasizes Swift Justice: Sessions Courts to Mandate Compensation in Assault Cases

The court noted the trial court in the case issued no direction for payment of victim compensation after convicting the appellant for the offence under Section 376-D of the IPC and imposing the fine of Rs 12,500.

"Such a lapse on the part of Sessions Court would only delay payment of any compensation under Section 357-A of the CrPC," the bench said.

Since the Sessions Judge has not awarded any compensation in the case, the bench asked the High Court to consider the issue in an interim manner, at the earliest.

The court also found that the appellant is entitled to suspension of sentence and release on bail during the pendency of appeal before the High Court as he has completed more than 50% of the 20 years jail term.

Senior advocate Sanjay Hegde, who appeared as amicus curiae, submitted a scheme is in vogue in every State for the victim compensation but it is hardly being implemented in its true letter and spirit.

He said that in Maharashtra "Manodhairya Scheme” for rape victims, victims of sexual offences and acid attack (women and children) is in operation but it is not known whether in the instant case, the victim has been given any benefit under the said Scheme.

He pointed out under Section 357-B of the CrPC, the compensation is in addition to fine under Section 376-D of the IPC and there is also provision for treatment of victims etc, but the same is not being implemented in its true letter and spirit.

He requested the court to issue directions to be applicable to all the courts in the country particularly when the victim is a minor or a woman.

After hearing the counsel, the bench also said that Section 357-A of the CrPC (Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023) specifically speaks of victim compensation scheme.

Following issuing orders to trial courts for implementing the provision in letter and spirit, the bench directed that a copy of this order be circulated by the Registry of this court to all the High Courts which should transmit the said order to all the Principal District Judges in all the Districts of the respective States and for onward transmission to the Sessions Judges dealing with such matters.

The court emphasised the trial courts are under an obligation to order for victim compensation in an appropriate case.

In the case, the 13-year-old victim would also be entitled to be considered for compensation under Rule 7 of the POCSO Rules, 2012 and now under Rule 9 of the POCSO Rules, 2020, the bench said.
 

[Read Order]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER] Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER]

CJI suggests holding measures in abeyance, questioning the PIL petitioner in the stubble burning case. Justice (Retd.) Madan B Lokur's role also discussed.

"Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue "Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue

Chief Justice of India S.A. Bobde ensures no stubble burning orders will be passed without considering petitioners' input, confirms Senior Advocate Vikas Singh.

Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning' Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning'

Supreme Court urges Centre, Punjab, Haryana, and UP to implement work-from-home due to air pollution. Next hearing set for November 17, 2021.

WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case

The CBI has charged auto-rickshaw driver Lakhan Verma and his brother Rahul with murder and false information, invoking IPC Sections 302, 201, and 34.

TRENDING NEWS

no-disciplinary-proceedings-allowed-against-employee-after-retirement-sc
Trending Judiciary
No disciplinary proceedings allowed against employee after retirement: SC [Read Judgment]

SC rules disciplinary proceedings cannot start after employee’s retirement or extended service. SBI directed to release pending dues within six weeks.

20 November, 2024 03:47 PM
sc-restores-criminal-charges-against-kerala-mla-for-tampering-of-evidence-in-a-drug-case
Trending Judiciary
SC restores criminal charges against Kerala MLA for tampering of evidence in a drug case

SC revives criminal charges against Kerala MLA Antony Raju for tampering evidence in 1990 drug case; directs trial completion within a year.

20 November, 2024 04:02 PM

TOP STORIES

sc-to-president-decide-death-row-convict-balwant-singhs-mercy-plea-in-2-weeks-or-court-will-intervene
Trending Judiciary
SC to President: Decide death row convict Balwant Singh’s mercy plea in 2 weeks or court will intervene

SC directs President to decide death row convict Balwant Singh Rajoana’s mercy plea in 2 weeks, warns of intervention if delay persists. Hearing on Dec 5.

18 November, 2024 01:11 PM
high-courts-must-ensure-genuineness-of-settlement-before-quashing-proceedings-sc
Trending Judiciary
High Courts must ensure genuineness of settlement before quashing proceedings: SC [Read Judgment]

SC mandates High Courts to verify the genuineness of settlements in serious offences like rape before quashing cases, ensuring justice and transparency.

18 November, 2024 01:49 PM
supreme-court-enforces-grap-4-measures-to-combat-delhis-severe-air-pollution-warns-against-relaxation
Trending Judiciary
Supreme Court enforces GRAP-4 measures to combat Delhi’s severe air pollution, warns against relaxation [Read Order]

Supreme Court enforces GRAP-4 measures in Delhi-NCR as air quality worsens, mandates strict action on pollution and stubble burning for immediate relief.

19 November, 2024 10:26 AM
cji-sanjiv-khanna-recuses-from-delhi-ridge-tree-felling-case-supreme-court-seeks-tree-restoration-updates
Trending Judiciary
CJI Sanjiv Khanna recuses from Delhi Ridge Tree Felling Case, Supreme Court seeks tree restoration updates

CJI Sanjiv Khanna recuses from Delhi Ridge tree felling case citing prior involvement; Supreme Court seeks updates on restoration and monitoring measures.

19 November, 2024 10:58 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email