Supreme Court Calls For Mandatory Compensation Of Sexual Assault Victims

Pranav Shukla

The Supreme Court of India has made it mandatory for Sessions Courts to order compensation to victims of sexual assault and bodily harm, particularly women and minors, under Section 357-A of the CrPC. This significant ruling aims to prioritize financial support to victims, ensuring they receive timely help to recover from traumatic experiences.

The Court’s directive, issued in the case of Saibaj Noor Mohammad Shaikh v. State of Maharashtra & Anr., emphasizes that Sessions Courts’ failure to issue compensation orders results in unnecessary delays for victims seeking benefits. To address this, legal services authorities must swiftly implement this directive, providing interim compensation when applicable

Justices BV Nagarathna and Pankaj Mithal passed this directive while granting bail to an appellant convicted under multiple sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

This judgment reinforces the importance of victim compensation in sexual assault cases, ensuring that victims receive the support they need to rebuild their lives. By making compensation mandatory, the Supreme Court aims to reduce delays and provide timely justice to those affected.

Case Title: Saibaj Noor Mohammad Shaikh v. State of Maharashtra & Anr.

Case no.: Special Leave Petition (Crl.) No. 13890/2024

Bench: Justice BV Nagarathna and Justice Pankaj Mithal