SC orders compensation for all sexual assault survivors
The court direction came while considering the bail plea of a man accused of sexually assaulting a 13-year-old in Maharashtra.
The Supreme Court has directed all trial courts to order financial compensation to women and child survivors in cases of sexual assault while convicting or acquitting the accused.
A bench headed by justice BV Nagarathna held that the compensation payable to victims under Section 357A of the Code of Criminal Procedure Code (CrPC), now replaced by Section 396 of BNSS, and rules framed under the Protection of Children from Sexual Offences Act (Pocso Act) is to be made in addition to any fine imposed as punishment in the event of conviction.
“We direct that 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,” the court said in an order dated November 4.
The court direction came while considering the bail plea of a man accused of sexually assaulting a 13-year-old in Maharashtra. Saibaj Noormohammad Shaikh moved the top court seeking suspension of his sentence and grant of bail that was dismissed by the Bombay high court on March 14 this year.
The court was informed that while the accused was sentenced to undergo 20 years rigorous imprisonment in 2020, the trial judge failed to order compensation in the case. The accused was convicted and sentenced to 20 years of imprisonment under Section 376D of the Indian Penal Code (IPC) and for 10 years under Section 4 of Pocso Act.
“We find that no direction for payment of victim compensation to the victim has been ordered. Such a lapse on the part of sessions court would only delay payment of any compensation under Section 357-A of the CrPC... 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 court said.
The court held the victim to be entitled to compensation under Pocso Rules, 2020 and directed the Bombay HC to immediately consider her case for grant of compensation under the scheme, which shall be interim in nature.
It added that this direction should be implemented by the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) “in the quickest manner” The court also directed its registry to circulate the order to the Registrar Generals of all High Courts and requested them to further forward its order to all District and Sessions Court judges, who are under an obligation to order victim compensation in appropriate cases. and to ensure that the victim is paid the compensation at the earliest.
The court also granted bail to the accused noting that he had served more than half his sentence and that there was no likelihood of the sentence being enhanced by the high court. The court ordered the appellant’s release on bail, subject to conditions set by the sessions court, and clarified that this relief should not delay the appeal proceedings.
The bench appointed senior advocate Sanjay Hegde along with advocate Mukund P Unny to assist as amicus curiae to assist in the matter. The state government had opposed grant of bail but Hegde pointed out the flaw in the trial court order convicting the accused under Section 376D (gangrape) and relevant sections of Pocso.
The top court noted that other co-accused are already out on bail and his appeal challenging conviction is pending in the high court since 2020 and is not likely to be immediately decided.
“We, therefore, direct that the appellant be produced before the concerned sessions court as early as possible and the sessions court shall release him on bail, subject to such conditions as it may deem appropriate to impose,” it noted in its order.
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