SC orders compensation for all survivors of sexual violence | Latest news India

The Supreme Court has directed all courts to order financial compensation for women and children who have suffered sexual abuse while the accused is convicted or acquitted.

A bench headed by Justice BV Nagarathna held that the compensation payable to victims under Section 357A of the Code of Criminal Procedure (CrPC), now replaced by Section 396 of BNSS, and the rules framed under the Protection of Children from Sexual Offenses Act (Pocso Act) should be imposed in addition to any fine imposed as punishment upon conviction.

“We direct that a sessions court, deciding a case involving bodily harm such as assault, etc., especially minor children and women, shall order that victim compensation be paid taking into account the facts and circumstances of the case and on the basis of the available evidence, while pronouncing judgment convicting or acquitting the accused,” the court said in a November 4 order.

The court’s ruling came while hearing the bail plea of ​​a man accused of sexually assaulting a 13-year-old in Maharashtra. Saibaj Noormohammad Shaikh has moved the top court seeking suspension of his sentence and grant of bail, which was rejected by the Bombay High Court on March 14 this year.

The court was told that although the suspect had been sentenced to 20 years in prison in 2020, the judge in the case had not ordered compensation. The accused was sentenced to 20 years in prison under Section 376D of the Indian Penal Code (IPC) and 10 years under Section 4 of the Pocso Act.

“We note that no order has been given for the payment of victim compensation to the victim. Such failure on the part of the sessions court would only delay the payment of any compensation under Section 357-A of the CrPC… There may also be a direction for payment of interim compensation which may be given by the sessions court depending of the facts. of each case,” the court said.

The court held that the victim was entitled to compensation under the Pocso Rules, 2020 and directed the Bombay HC to immediately consider her case for grant of compensation under the scheme, which is interim in nature.

It added that this directive should be implemented “in the quickest manner” by the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA). The court also directed its registry to circulate the order to the Registrars General of all high courts and asked them to further forward the order to all judges of the district and sessions courts, who are required to grant compensation for damages in appropriate cases to order victims. and ensure that the victim receives compensation at the earliest.

The court also granted bail to the suspect, noting that he had served more than half of his sentence and that the sentence was unlikely to be increased by the High Court. The court ordered the release of the appellant on bail subject to the conditions set by the sessions court and clarified that this provision should not delay the appeal proceedings.

The bench appointed senior lawyer Sanjay Hegde along with lawyer Mukund P Unny to assist as amicus curiae in the case. The state government had opposed the grant of bail but Hegde pointed out the error in the court order convicting the accused under section 376D (gangrape) and relevant sections of Pocso.

The Supreme Court noted that other co-accused are already out on bail and that his appeal against the conviction has been pending in the Supreme Court since 2020 and is unlikely to be decided immediately.

“We, therefore, direct that the appellant be produced before the concerned sessions court at the earliest possible opportunity and that the sessions court grant him bail on such conditions as it deems fit to impose,” the Court said in its order.