Supreme Court Directs Timely Victim Payouts

Supreme Court Orders Timely Victim Compensation by Courts

Why in the News ?

The Supreme Court has directed all trial courts across India to order victim compensation at the time of judgment, addressing delays caused by lack of judicial directions. The move aims to strengthen victims’ rights under Section 396 of the Bharatiya Nyaya Sanhita (BNS).

Supreme Court Directs Timely Victim Payouts

Supreme Court’s Key Directive:

  • Mandatory Orders: The bench of Justices BV Nagarathna and R Mahadevan directed that trial and special courts must issue clear compensation orders at the time of delivering judgments.
  • Reason for Delay: The Court noted that compensation often remains unpaid because courts fail to issue direct instructions, forcing victims to file separate applications.
  • Victim Burden: Survivors of crimes such as sexual assault, acid attacks, and trafficking are frequently left struggling to obtain compensation already guaranteed by law.
  • Nationwide Circulation: The judgment mandates all High Courts to circulate the order to district and sessions courts, ensuring uniform implementation.
  • Judicial Accountability: The direction aims to make trial judges responsible for initiating the compensation process, closing existing procedural gaps.

Expansion Beyond Sexual Offences

  • Wider Coverage: The order expands earlier directions issued in November 2024—which focused on sexual assault cases—to cover all offences under state victim compensation schemes.
  • Statutory Framework: Compensation is governed by Section 396 of the Bharatiya Nyaya Sanhita (BNS), replacing Section 357A of the CrPC, and by rules under the POCSO Act.
  • Automatic Process: The Court said once trial courts issue directions, State Legal Services Authorities (SLSA) or District Legal Services Authorities (DLSA) can disburse compensation without delay.
  • Training Mandate: Judicial academies are instructed to include victim compensation modules in their training curriculum.
  • Public Interest Petition: The order was delivered in response to a PIL filed by advocate Jyoti Praveen Khandpasole highlighting systemic failures in disbursement.

About Victim Compensation Framework in India:

●      Legal Provision: Introduced under Section 357A of CrPC (now Section 396 of BNS), it provides for state-funded compensation to victims of crimes causing physical or mental harm.

●      Implementing Bodies: Compensation is determined and disbursed by SLSA/DLSA under state-specific schemes.

●      Judicial Role: Courts must recommend or direct compensation, ensuring restorative justice for survivors.

●      POCSO Act Mandate: The Protection of Children from Sexual Offences (POCSO) Act also requires mandatory compensation for minor victims, irrespective of conviction outcome.

●      Objective: The framework aims to alleviate victims’ suffering, ensure financial relief, and uphold the right to dignity and rehabilitation.