Institute of Legal and Management Studies

In a significant step to strengthen the victim compensation framework, the Supreme Court has directed all Special and Sessions Courts across the country to issue appropriate directions for the payment of victim compensation in eligible cases. The Court observed that the absence of such directions from trial courts has become a major impediment to victims receiving compensation under statutory schemes.

The Bench of Justice BV Nagarathna and Justice R Mahadevan passed the order while hearing a public interest petition filed by Jyoti Praveen Khandpasole seeking effective implementation of victim compensation schemes.

During the hearing, the Court noted that victims of crime are often left to fend for themselves in claiming compensation from State Legal Services Authorities (SLSAs), largely because trial courts fail to specifically direct such payment at the time of conviction or sentencing. “One of the impediments in disbursement of victim compensation is the absence of a direction being issued by the Special Courts or Session Courts to pay compensation to the victims of a crime,” the order stated. It further noted that there is also a “lack of awareness in this regard.”

To address the problem, the Court directed that all Special and Sessions Courts must henceforth pass specific orders regarding victim compensation wherever applicable. These directions will enable Legal Services Authorities, whether at the state, district or taluk level, to ensure swift implementation.

The Bench also ordered that a copy of the judgment be sent to all High Courts for circulation among Principal District Judges and Special Courts.

"the Registrar Generals of all the High Courts shall communicate this order to the Directors of all the State Judicial Academies for onward communication to all Principal District Judges that the Special Courts/Session Courts and also to impress upon concerned Special Court Judges with regard to the aspect of payment of victim compensation during the course of their training in the State Judicial Academies in accordance with Section 357A of the CrPC, corresponding to Section 396 of the BNSS and POCSO Act and Rules," the Court ordered.

Appearances:

For the petitioner: Mr. Gaurav Kumar Bansal, Advocate; Mr. Vishnu Kumar Gupta, Advocate; Ms. Nandita Bansal, Advocate; Mr. Aathrva Upadhaya, Advocate; Ms. Chandrika Upadhaya, Advocate; Ms. Rani Mishra, Advocate-on-Record.

For the respondent(s): Ms. Rashmi Nandakumar, Advocate-on-Record; Ms. Yashmita Pandey, Advocate.

Case Title: Jyoti Praveen Khandpasole v. Union of India & Others

Case Number: Writ Petition (Civil) No. 989 of 2025

Click here to read the order