The Supreme Court has directed all trial courts to ensure that financial compensation is awarded to women and child survivors of sexual assault at the time of the accused’s conviction or acquittal.
A bench led by Justice B.V. Nagarathna ruled that compensation, as per Section 357A of the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences Act (Pocso Act), should be given in addition to any fines imposed as part of the punishment if the accused is convicted.
“We direct that a sessions court, which hears cases of sexual assault or bodily harm, particularly those involving women and children, shall ensure that compensation is ordered for the victim. This should be done based on the facts and evidence presented in the case, regardless of whether the accused is convicted or acquitted,” the court said in its order on November 4.
This direction came during the consideration of a bail plea filed by Saibaj Noormohammad Shaikh, a man convicted for sexually assaulting a 13-year-old girl in Maharashtra. Shaikh, sentenced to 20 years of rigorous imprisonment in 2020, had appealed for bail, claiming that the trial court had failed to order victim compensation. The Bombay High Court had dismissed his bail plea in March 2024.
The Supreme Court noted that while the accused had been convicted under Section 376D of the Indian Penal Code (IPC) and Section 4 of the Pocso Act, no compensation had been directed for the victim. The court pointed out that such lapses could delay compensation payments, and stressed that interim compensation could be ordered by the sessions court based on the specifics of each case.
The court emphasized that the victim was entitled to compensation under the Pocso Rules of 2020 and ordered the Bombay High Court to immediately consider her case for interim compensation under the scheme. The court also directed the District Legal Services Authority (DLSA) and State Legal Services Authority (SLSA) to expedite the process of granting compensation.
In a bid to ensure swift implementation, the court instructed its registry to circulate the order to the Registrar Generals of all High Courts and have them forward the directive to District and Sessions Court judges. The judges are now required to order victim compensation in appropriate cases, ensuring the victim receives the compensation as soon as possible.
In the same ruling, the court granted bail to the accused, Shaikh, noting that he had served more than half of his sentence and that there was no likelihood of his sentence being increased by the High Court. The court allowed his release on bail, subject to conditions set by the sessions court, and clarified that this would not delay the appeal process.
The bench also appointed senior advocate Sanjay Hegde and advocate Mukund P. Unny as amicus curiae to assist in the matter. Although the state government had opposed the bail, Hegde highlighted flaws in the trial court’s conviction of Shaikh under Section 376D (gang rape) and other Pocso provisions.
The Supreme Court noted that other co-accused in the case were already out on bail, and Shaikh’s appeal challenging his conviction had been pending in the High Court since 2020, with no immediate resolution in sight. The court directed that Shaikh be produced before the concerned sessions court at the earliest, where he was to be released on bail subject to conditions deemed appropriate by the court.
