Supreme Court: Sessions or Pocso Courts Must Order Victim Compensation or interim compensation In Cases Of Sexual Offences Against Minors And Women


Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


 In the circumstances, 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. Secondly, the said direction must be implemented by the District Legal Services Authority or State Legal Services Authority, as the case may be, in letter and spirit and in the quickest manner and to ensure that the victim is paid the compensation at the earliest. {Para 16}

17. 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.

19. In the facts and circumstances of the present case, the second Respondent shall also be entitled to be considered for compensation Under Rule 7 of the POCSO Rules, 2012 and now Under Rule 9 of the POCSO Rules, 2020.


 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4495 of 2024.

Decided On: 04.11.2024

Saibaj Noormohammad Shaikh Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

B.V. Nagarathna and Pankaj Mithal, JJ.

Citation:  MANU/SC/1363/2024.

1. Leave granted