The Supreme Court has directed all trial courts to order financial compensation to surviving women and children in sexual assault cases while convicting or acquitting the accused.

A bench headed by Justice BV Nagarathna held that compensation payable to victims under Section 357A of the Code of Criminal Procedure (CrPC), now superseded by Section 396 of the BNSS, and rules framed under the Child Protection Act against Sexual Crimes (Pocso Law) will apply in addition to any fine imposed as punishment in case of conviction.

“We direct that a sessions court, trying a case relating to bodily injury like sexual assault etc., particularly on minor children and women, shall order that compensation be paid to the victims keeping in view the facts and circumstances of the case and with based on the evidence in the file, when issuing a sentence convicting or acquitting the accused,” the court said in an order dated November 4.

The court’s order came while considering the bail plea of ​​a man accused of sexually assaulting a 13-year-old boy in Maharashtra. Saibaj Noormohammad Shaikh moved the high court to suspend his sentence and grant bail, which was dismissed by the Bombay high court on March 14 this year.

The court was informed that although the accused was sentenced to 20 years of rigorous imprisonment in 2020, the trial judge did not order any compensation in the case. The accused was convicted and sentenced to 20 years imprisonment under section 376D of the Indian Penal Code (IPC) and 10 years under section 4 of the Pocso Act.

“We found that payment of compensation to the victim has not been ordered. Such lapse 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 an order for payment of interim compensation which could be made by the sessions court depending on 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 his case for grant of compensation under the scheme, which will be provisional in nature.

He added that this directive should be implemented by the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA) “in the fastest manner”. The court also directed its registry to circulate the order to the Registrars General of all High Courts and asked them to convey its order to all judges of district and sessions courts, who are required to order compensation to the victims in appropriate cases. and ensure that the victim receives compensation as soon as possible.

The court also granted bail to the accused, noting that he had served more than half of his sentence and that the high court was not likely to increase it. The court ordered the appellant’s release on bail, subject to the conditions fixed by the sessions court, and clarified that this measure should not delay the appeal proceedings.

The court appointed senior advocate Sanjay Hegde along with advocate Mukund P Unny to assist as amicus curiae in the matter. The state government had opposed the grant of bail, but Hegde pointed out the error in the trial court’s order convicting the accused under Section 376D (gangrape) and relevant sections of Pocso.

The high court noted that other co-accused are already out on bail and their appeal against the conviction is pending in the high court since 2020 and is not likely to be decided immediately.

“We, therefore, direct that the appellant be produced before the sessions court concerned at the earliest and be released on bail by the sessions court, subject to such conditions as it may deem appropriate to impose,” it said in its order.