Supreme Court Mandates Trial Courts to Proactively Direct Victim Compensation

New Delhi: In a significant move to bolster the rights of crime victims, the Supreme Court of India has directed all Special Courts and Session Courts across the country to proactively issue orders for victim compensation in appropriate cases. The apex court, comprising a bench of Justice B.V. Nagarathna and Justice R. Mahadevan , observed that the absence of such judicial directives is a major impediment preventing victims from receiving timely financial relief.

The Core Issue: A Gap in Justice Delivery

The order was passed in the case of Jyoti Praveen Khandpasole vs Union of India . The bench noted a systemic failure where trial courts often conclude criminal proceedings without making specific directions for the payment of compensation to the victims. This oversight forces victims, who are often unaware of their rights and the legal procedures, to independently apply for compensation from Legal Services Authorities, leading to delays and potential denial of justice.

The Court highlighted two key problems: 1. Judicial Inaction: The failure of courts to issue a direction for compensation at the time of judgment. 2. Lack of Awareness: Victims are often uninformed about their entitlement to compensation under prevalent schemes.

The Court's Directive for Systemic Change

To rectify this, the Supreme Court issued a series of binding directions aimed at streamlining the compensation process. The bench stated, "We direct that the concerned Special Court/Session Courts ought to pass appropriate directions with regard to payment of victim compensation in appropriate cases."

The Court reasoned that a direct order from the trial court would enable the State, District, or Taluk Legal Services Authorities to implement the disbursement of funds seamlessly. This removes the burden from the victim to initiate a separate application process.

Implementation and Training Mandated

To ensure nationwide compliance, the Court has ordered its Registry to circulate the order to the Registrar Generals of all High Courts. They are, in turn, tasked with two primary responsibilities: 1. Communication: Forwarding the order to all Principal District Judges for immediate communication to the concerned Special Courts and Session Courts. 2. Judicial Training: Communicating the order to the Directors of all State Judicial Academies. The directive emphasizes the need to impress upon judges during their training the importance of awarding victim compensation, referencing key legal provisions such as ** Section 357A of the Code of Criminal Procedure (CrPC) , the corresponding ** Section 396 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) , and the Protection of Children from Sexual Offences (POCSO) Act .

Implications of the Ruling

This landmark order shifts the responsibility of initiating the compensation process from the victim to the judiciary. By making it a mandatory part of the judicial function in appropriate cases, the Supreme Court aims to make the victim compensation scheme more effective and accessible. This proactive approach is expected to ensure that financial relief reaches those who need it most, without the added trauma of navigating complex bureaucratic procedures after suffering a crime. The ruling reinforces the principle that justice for victims is an integral part of the criminal justice system.