NEW DELHI: Noting that survivors of sexual assault and acid attack cases are not given compensation by trial courts while deciding the case, Supreme Court has now made it mandatory for courts to extend financial succour to them irrespective of whether accused is convicted or acquitted.
A bench of Justices B V Nagarathna and Pankaj Mithal said that sessions judges dealing with such matters are under an obligation to order for victim compensation in an appropriate case and directed that its order be brought to notice of all sessions courts to ensure implementation of victim compensation scheme.
“In the circumstances, 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. Secondly, the said direction must be implemented by the District Legal Services Authority or State Legal Services Authority, as the case may be, in letter and spirit and in the quickest manner and to ensure that the victim is paid the compensation at the earliest,” the bench said.
The court accepted the suggestion given by senior advocate Sanjay Hegde who pleaded the court to pass a general direction to all courts to implement the victim compensation scheme as enumerated under Section 357-A of the Criminal Procedure Code and under Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Hegde, who was assisting the court as amicus curiae, brought to SC’s notice that scheme as contemplated under Section 357-A of the CrPC is in vogue in every state but hardly being implemented in its true letter and spirit.
“For the purpose of implementing the said provision in letter and spirit we direct that a copy of this order be circulated by the Registry of this Court to all the High Courts addressed to the Registrar Generals of the High Courts, who are requested to 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, who are under an obligation to order for victim compensation in an appropriate case,” the court said.
The court passed the order while hearing bail plea of rape convict and noted that sessions court while convicting accused did not pass order regarding compensation to minor victim.
