The Supreme Court has issued a landmark directive requiring trial courts to mandate compensation for survivors in cases of sexual assault, particularly those involving women and minors. This guidance came as the Court reviewed a bail plea from a man convicted of assault and rape under multiple sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO).
In its ruling, a Bench led by Justices BV Nagarathna and Pankaj Mithal emphasized the need for immediate victim compensation in judgments involving bodily harm to women and minors, irrespective of whether the verdict leads to conviction or acquittal. “In such cases, it is crucial for Sessions Courts to ensure victim compensation is addressed,” the Court stated, reinforcing the need to expedite financial relief based on the specifics of each case.
The ruling also instructs the District and State Legal Services Authorities to implement these measures promptly, aiming to deliver aid without procedural delays. This mandate follows a review of a case in which the convict, Saibaj Noormohammad Shaikh, was sentenced to 20 years under Section 376D (gang rape) of the IPC, in addition to a separate 10-year term under the POCSO Act for offenses involving a minor.
Upon examining the case, the Supreme Court noted that the initial trial court had overlooked the provision of compensation to the minor survivor, a lapse that could prolong the survivor’s access to support. Highlighting the importance of timely assistance, the Court underscored the need for all trial courts to establish compensatory orders directly within their judgments.
The directive further encourages Sessions Courts to consider interim compensation when warranted by case circumstances, providing a pathway for earlier aid to victims in urgent situations. To ensure uniform application of this directive, the Supreme Court has called for a wide circulation of its order across all High Courts, District Courts, and Sessions Courts.
In a separate development within the same case, the Court granted bail to the appellant, Shaikh, noting that he had served more than half of his sentence, with a co-defendant already released by a lower court.
This ruling reinforces the Supreme Court’s commitment to supporting sexual assault survivors, ensuring they receive meaningful and prompt financial support to aid in recovery and justice.
