SC orders compensation for all sexual assault survivors
2 months ago

SC orders compensation for all sexual assault survivors

Hindustan Times  

The Supreme Court has directed all trial courts to order financial compensation to women and child survivors in cases of sexual assault while convicting or acquitting the accused. The Supreme Court direction came while considering the bail plea of a man accused of sexually assaulting a 13-year-old in Maharashtra A bench headed by justice BV Nagarathna held that the compensation payable to victims under Section 357A of the Code of Criminal Procedure Code, now replaced by Section 396 of BNSS, and rules framed under the Protection of Children from Sexual Offences Act is to be made in addition to any fine imposed as punishment in the event of conviction. “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,” the court said in an order dated November 4. It added that this direction should be implemented by the District Legal Services Authority or State Legal Services Authority “in the quickest manner” The court also directed its registry to circulate the order to the Registrar Generals of all High Courts and requested them to further forward its order to all District and Sessions Court judges, who are under an obligation to order victim compensation in appropriate cases.

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History of this topic

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 weeks, 2 days ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide
1 month, 1 week ago

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide

Live Law  

The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the …

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
7 months, 3 weeks ago

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court

Live Law  

The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. The Supreme Court held that an order for the convict to pay compensation to the victim would not result …

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
8 months, 1 week ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law  

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

SC asks 2 police officers to compensate woman arrested in violation of its order
1 year, 8 months ago

SC asks 2 police officers to compensate woman arrested in violation of its order

Hindustan Times  

The Supreme Court pulled up two Mumbai police officials who had kept a woman in illegal custody for 24 hours despite knowing that she had got two weeks protection from the top court to surrender in a case of cheating. A bench of justices Sanjay Kishan Kaul and Ahsanuddin Amanullah said, “We don’t expect the police officers to behave in …

Mumbai court rejects perjury case against minor victim but asks her to return compensation
3 years, 2 months ago

Mumbai court rejects perjury case against minor victim but asks her to return compensation

India Today  

A Mumbai court has turned down a perjury case against a minor victim but ordered her to return the compensation after she turned hostile mid-trial in a kidnapping and rape case. The Judge ordered the minor victim in a kidnapping and rape case to return the compensation if received from the Maharashtra government for turning hostile during the trial. Changed …

Bail Condition To Compensate Victims Cannot Be Imposed : Supreme Court
3 years, 5 months ago

Bail Condition To Compensate Victims Cannot Be Imposed : Supreme Court

Live Law  

The Supreme Court observed that a condition for payment of compensation to victims cannot be imposed at the stage of bail. "We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. In this case, the accused were granted bail by the High Court with a condition requiring them to …

Will you marry her: SC asks man who sexually abused minor for years, grants him protection from arrest
3 years, 10 months ago

Will you marry her: SC asks man who sexually abused minor for years, grants him protection from arrest

India Today  

In a shocking case where a minor was sexually assaulted for years by a man who is a government employee, the Supreme Court bench headed by the CJI granted protection from arrest to the accused for four weeks. The SC bench initially asked the lawyer for the accused man whether he would agree to marry the girl, who is now …

Personal experiences, helplessness spurred us to fight for judicial reforms, say petitioners ahead of SC verdict on sexual assault cases
4 years, 1 month ago

Personal experiences, helplessness spurred us to fight for judicial reforms, say petitioners ahead of SC verdict on sexual assault cases

Firstpost  

The women who triggered the change feel there’s still a long way to go in building a justice system which is intimidating for the abuser, and not daunting for the victim. So, when a person is found guilty and then compensation is awarded that is completely different from taking money from the person at the beginning of the trial, which …

SC to seek AG’s views on courts imposing bail conditions for sex crime offenders
4 years, 2 months ago

SC to seek AG’s views on courts imposing bail conditions for sex crime offenders

The Hindu  

The Supreme Court on Friday decided to seek the views of Attorney General K.K. A Bench led by Justice A.M. Khanwilkar decided to take into “consideration the position” of Mr. Venugopal, the government’s topmost law officer and constitutional authority, after nine women lawyers brought to the court’s attention a bail order passed by the Madhya Pradesh High Court in a …

'Despite Clear Mandate Of Section 357-A CrPC, Non- Implementation Of It By Criminal Courts Is Disturbing', Chhattisgarh HC Orders 7 Lakhs Compensation For Rape Victim [Read Order]
4 years, 4 months ago

'Despite Clear Mandate Of Section 357-A CrPC, Non- Implementation Of It By Criminal Courts Is Disturbing', Chhattisgarh HC Orders 7 Lakhs Compensation For Rape Victim [Read Order]

Live Law  

The Chhattisgarh High Court recently held in a Writ petition that the Petitioner was entitled to compensation under Section 357-A of the CrPC read with Section 33 of the POCSO Act. The bench of Justice Sanjay K. Agrawal also observed that, "Despite clear mandate contained in Section 357-A of the Code and mandate of their Lordships of the Supreme Court …

SC Grants Bail To Octogenarian After DNA Reports Showed That He Is Not The Father Of Rape Victim's Child [Read Order]
4 years, 4 months ago

SC Grants Bail To Octogenarian After DNA Reports Showed That He Is Not The Father Of Rape Victim's Child [Read Order]

Live Law  

The Supreme Court granted bail to an octogenarian rape accused after noticing that the DNA report showed that he is not the father of the child born to the rape victim.The man was booked under Protection of Children from Sexual Offences Act, for allegedly raping a minor. The Supreme Court granted bail to an octogenarian rape accused after noticing that …

Victim Compensation For Wrongful Prosecution/Conviction-Indian Judiciary Yet To Evolve
4 years, 4 months ago

Victim Compensation For Wrongful Prosecution/Conviction-Indian Judiciary Yet To Evolve

Live Law  

Humans of Bombay recently raised ₹23 lakhs for Ali Mohammad Bhat, a carpet weaver from Kashmir who had been wrongfully imprisoned by the Indian state for 23 years on trumped-up charges of terrorism. In Rudul Sah v. State of Bihar the Supreme Court, recognising the violation of article 21 rights, ordered the Bihar government to pay ₹30,000 for detaining the …

'Trial Court, While Deciding Bail, Should Consider Awarding Reasonable Sum, As Interim Compensation, To Victims, Particularly Those From Unprivileged Classes": Orissa HC
4 years, 6 months ago

'Trial Court, While Deciding Bail, Should Consider Awarding Reasonable Sum, As Interim Compensation, To Victims, Particularly Those From Unprivileged Classes": Orissa HC

Live Law  

"Dreadful crime challenges the belief in fundamental goodness of the society and if there is an understandable motive or response to some form of provocations, we can't comprehend them as it falls beyond the bonds of moral acceptability", observed the Orissa High Court on Wednesday, urging grant of compensation to victims even at the stage of bail. "In a similar …

Notice to sexual assault survivor necessary while deciding offender’s bail plea, orders Delhi HC; calls for sensitisation of trial court judges
4 years, 7 months ago

Notice to sexual assault survivor necessary while deciding offender’s bail plea, orders Delhi HC; calls for sensitisation of trial court judges

Firstpost  

Courts cannot ignore issuing a notice to victims in sexual assault cases while deciding bail pleas of offenders, the Delhi High Court has held, noting that survivors were not being informed in a majority of matters New Delhi: Courts cannot ignore issuing a notice to victims in sexual assault cases while deciding bail pleas of offenders, the Delhi High Court …

Bandipora Rape: Probe in ‘Final Stage’ Thanks to Forensic Lab
5 years, 7 months ago

Bandipora Rape: Probe in ‘Final Stage’ Thanks to Forensic Lab

The Quint  

The Jammu and Kashmir High Court, as well as the district judge designated under the JJ Act, took suo motu cognizance of the public uproar over the alleged incident of rape, and directed the police to submit detailed reports. The Principal District and Sessions Judge, Bandipora, who also happens to be the District Legal Services Authority Chairperson, directed the accused …

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