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Supreme Court Mandates Victim Compensation in Sexual Offenses Against Minors and Women

legalsochf
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Supreme Court Orders Victim Compensation in Sexual Offenses Against Minors and Women


The Supreme Court of India has issued a crucial directive to Sessions Courts, mandating that they order victim compensation in cases involving bodily harm, particularly in sexual assault cases against minors and women. This compensation should be granted under Section 357-A of the Code of Criminal Procedure (now Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Court emphasized that failure to order compensation delays critical support for victims and urged swift implementation by legal services authorities, including provisions for interim compensation when required.


A bench comprising Justices B.V. Nagarathna and Pankaj Mithal issued this directive while granting bail to the appellant, convicted under sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offenses (POCSO) Act. The appellant, serving a 20-year prison sentence, challenged the Bombay High Court’s dismissal of his bail application. Advocate Karl Rustomkhan argued on behalf of the appellant, highlighting that he had already served over half of his sentence, thus justifying his release on bail.


The state’s counsel, Advocate Prastut Mahesh Dalvi, opposed the bail, citing the serious nature of the crime and the victim’s young age. Amicus Curiae Senior Advocate Sanjay Hegde raised concerns regarding victim compensation, underscoring the lack of such an order by the Sessions Court. Hegde pointed to Maharashtra’s “Manodhairya Scheme,” designed to aid victims of sexual offenses, and recommended its effective application nationwide.


In response, the Court directed all High Courts to circulate the order to Principal District Judges to ensure that Sessions Judges mandate victim compensation in similar cases. Additionally, it recommended that the Bombay High Court consider interim compensation under POCSO Rules, highlighting the critical need for victim support mechanisms.


The Court acknowledged the valuable contributions of Hegde and Advocate Mukund P. Unny in advancing victim compensation matters. With these directions, the Supreme Court allowed the appellant’s bail and disposed of the appeal.


Case Reference:

Saibaj Noormohammad v. State of Maharashtra & Anr., Special Leave Petition (Crl.) No. 13890/2024






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