Latest JudgementIndian Penal Code, 1860

Saibaj Noormohammad Vs. State of Maharastra & Anr. 2024

Victim Compensation Scheme

Supreme Court of India·6 November 2024
Saibaj Noormohammad Vs. State of Maharastra & Anr. 2024
Indian Penal Code, 1860
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Judgement Details

Court

Supreme Court of India

Date of Decision

6 November 2024

Judges

Justice BV Nagarathna || Justice Pankaj Mithal

Citation

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

The Apex Court implores the ideas that what is the role of the District or State Legal Services Authority in ensuring swift disbursal of victim compensation. the facts of the case are as follows:

  • The Supreme Court dealt with a case involving the appellant convicted under Sections 376- D, 354 of the IPC, and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. 
  • The appellant was sentenced to 20 years in prison under the IPC and 10 years under the POCSO Act. 
  • The appellant challenged the dismissal of his application seeking suspension of sentence and bail by the Bombay High Court. 
  • The victim was a 13-year-old child, and the appellant had already served over 50% of his sentence. 

Issues

  • Whether the Sessions Court is mandated to order victim compensation in cases of bodily injury, particularly in sexual assault cases involving minors or women, under Section 357-A of CrPC? 
  • What is the role of the District or State Legal Services Authority in ensuring swift disbursal of victim compensation? 

Held

  • Mandatory Compensation
    • In cases of bodily harm, especially sexual assault cases involving minors or women, Sessions Courts must order victim compensation under Section 357-A of the CrPC. 
  • Implementation of Compensation
    • District or State Legal Services Authorities must swiftly implement the compensation order and ensure the victim receives compensation promptly. 
  • Interim Compensation
    • The Court recommended granting interim compensation to the victim under relevant provisions of the POCSO Rules. 

Analysis

  • The Supreme Court highlighted the importance of ensuring that victims of serious offenses like sexual assault are compensated without delay.
  • The direction for compensation is not limited to the conviction stage but applies irrespective of the final verdict (conviction or acquittal).
  • The Court stressed the need for the swift implementation of victim compensation by legal services authorities, with interim compensation being granted where necessary to alleviate immediate distress.
  • The case also raised concerns regarding the effective enforcement of compensation schemes like the “Manodhairya Scheme” in Maharashtra, urging authorities to take prompt action in cases involving sexual offenses.
  • The Court's approach shows a clear commitment to protecting victims' rights and ensuring their welfare during the legal process.