POCSO Victim compensation : Victims should not be left to seek compensation themselves : Directions to Courts

Supreme Court Directs Special Courts to Ensure Victim Compensation New directives aim to streamline the compensation process for crime victims, addressing procedural gaps and enhancing awareness.

In a significant ruling, the Supreme Court of India, comprising Justices B.V. Nagarathna and R. Mahadevan, has issued directives to Special Courts and Session Courts to ensure the prompt disbursement of victim compensation. The judgment, delivered on November 3, 2025, in the case of Jyoti Praveen Khandpasole v. Union of India, addresses the procedural hurdles faced by crime victims in obtaining compensation.

The Supreme Court observed that the absence of specific directions from Special Courts and Session Courts often leaves victims to fend for themselves in seeking compensation. This situation has led many victims to approach the State Legal Services Authority or pursue other legal avenues, highlighting a significant gap in the justice delivery system.

To rectify this, the Court has directed that appropriate orders for victim compensation be issued by the concerned courts in suitable cases. This move is expected to facilitate smoother implementation of compensation directives through State, District, and Taluk Legal Services Authorities.

Additionally, the Supreme Court has mandated that a copy of this order be sent to the Registrar Generals of all High Courts. These Registrar Generals are tasked with forwarding the order to Principal District Judges and ensuring that the Special Court Judges are trained on this matter at State Judicial Academies. This training will emphasize the importance of victim compensation as per Section 357A of the Criminal Procedure Code, corresponding to Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the POCSO Act and Rules.

This landmark decision is seen as a crucial step in bridging the gap between legal provisions and their practical implementation, ensuring that victims of crime receive the support they are entitled to under the law.

Bottom Line:

Directions issued to Special Courts/Session Courts to ensure disbursement of victim compensation under Section 357A of the CrPC, corresponding to Section 396 of the BNSS and POCSO Act and Rules, to facilitate the victims of crimes.

Statutory provision(s): Section 357A of the Criminal Procedure Code, Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023, POCSO Act and Rules.

Jyoti Praveen Khandpasole v. Union of India, (SC) : Law Finder Doc Id # 2805532