38.6c New Delhi, India, Wednesday, October 08, 2025
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 Sharma      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

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-to-hear-on-friday-plea-for-cbi-probe-into-karur-stampede
Trending Judiciary
SC to hear on Friday plea for CBI probe into Karur stampede

SC to hear on Friday a plea seeking CBI probe into the Karur stampede during actor Vijay’s rally that claimed 41 lives and injured over 100 people.

07 October, 2025 06:03 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email