Order compensation for rape survivors, Supreme Court directs trial courts

The Supreme Court has directed all trial courts across India to order compensation to women and minor children in sexual assault cases and other such cases involving bodily injuries while passing judgments.

“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," a Bench of Justice BV Nagarathna and Justice Pankaj Mithal said in its November 4 order made public on Wednesday.

“For the purpose of implementing the provision in letter and spirit, we direct that a copy of this order be circulated by the Registry of this court to the all registrar generals of the high courts, who are requested to transmit the order to all the principal district judges in all 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,” it ordered.

The top court directed the district/state legal services authorities to swiftly implement its direction to ensure that victims in such cases were paid compensation in the quickest possible manner.

The order came on a bail plea filed by a one Saibaj Noormohammad Shaikh convicted of rape and assault under various provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act) and sentenced to 20 years of imprisonment with Rs 10,000 fine.

The Bench was surprised to note that the trial court did not pass any order for the payment of compensation to the minor victim while convicting Saibaj. "Such a lapse on the part of the sessions court would only delay payment of any compensation under Section 357A of the CrPC," it said.

“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,” it said.

The Bench ordered Siabaj's release on bail in view of the fact that he had already completed more than half the sentence awarded to him and that a co-accused had also been granted bail.