The Kerala High Court has directed the District Legal Services Authority (DLSA), Kasaragod, to determine the compensation payable to four victims of an acid attack, holding that criminal courts have a duty to consider victim compensation in such cases.
Justice Jobin Sebastian passed the order on July 28, 2026, in a petition filed by the victims challenging the failure of the Sessions Court to recommend compensation under Section 357A of the Code of Criminal Procedure (CrPC).
Background of the Case
The case arose from an acid attack prosecuted before the Sessions Court, Kasaragod. The accused had been charged under Sections 307 and 326A of the Indian Penal Code. Following trial, the Sessions Court convicted him under Section 326A and sentenced him to 12 years' rigorous imprisonment along with a fine of ₹40,000.
The fine amount, if realised, was directed to be distributed among the injured victims as compensation under Section 357(1)(b) CrPC.
The victims later approached the Sessions Court seeking a recommendation under Section 357A CrPC for compensation under the Kerala Victim Compensation Scheme. However, that application was dismissed because an appeal against the conviction was pending before the High Court.
Court's Observation
Justice Jobin Sebastian noted that victim compensation is not merely an optional consideration for criminal courts. Referring to the Supreme Court's decision in Ankush Shivaji Gaikwad v. State of Maharashtra, the Court observed that the power to award compensation under Section 357 is coupled with a duty to apply the judicial mind to the issue in every criminal case.
The Court further relied on a Division Bench ruling concerning acid attack cases, which held that courts have a mandatory duty to ensure that victims receive adequate compensation.
The High Court pointed out that Section 357A provides a separate victim compensation mechanism, particularly where the compensation under Section 357 is inadequate or the offender may not be able to pay. In the present matter, the Court found that the ₹40,000 fine was insufficient considering the victims' pain, permanent disfigurement, trauma, medical expenses and other lifelong consequences.
“The compensation payable to the victims cannot be made dependent upon the recovery of the fine amount,” the Court observed, clarifying that compensation under Section 357A is independent of compensation under Section 357.
The Court also held that the pendency of the accused's criminal appeal since 2015 could not, in the circumstances of the case, prevent consideration of the victims' compensation claim.
Decision
Allowing the criminal miscellaneous case, the Kerala High Court directed the District Legal Services Authority, Kasaragod, to conduct an enquiry and determine the compensation payable to all four victims under Section 357A CrPC.
The Court directed that the exercise be completed as expeditiously as possible, preferably within two months, and that necessary steps be taken to disburse the compensation without unnecessary delay.
Case Details
Case Title: B V K & Ors. v. State of Kerala & Anr.
Case Number: Crl.M.C. No. 6038 of 2023
Judge: Justice Jobin Sebastian
Decision Date: July 28, 2026
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