Assam HC says rape victim compensation cannot be reduced below the notified minimum, orders reassessment of payment

The petitioner’s daughter was raped on 02.05.2018, leading to registration of Kalghachia P.S. Case No. 347/2018 under Section 4 of the POCSO Act and prosecution in Special POCSO Case No. 30/2018.

The trial court convicted the accused by judgment dated 08.04.2022 and directed payment of ₹2,00,000 as compensation to the victim for rehabilitation.

The petitioner contended that, under the Assam Victim Compensation Scheme, 2012, read with the notification dated 01.02.2019, compensation for rape victims ranged from ₹3,00,000 to ₹5,00,000.

After the petitioner applied to the Assam State Legal Services Authority on 09.08.2023 seeking ₹5,00,000, and the application was not considered, he approached the High Court under Article 226 of the Constitution.

During the proceedings, ₹2,00,000 was paid to the petitioner on 03.03.2025.

Whether the compensation payable to the victim could be restricted to ₹2,00,000 when, on the date of the trial court’s judgment, the notification dated 01.02.2019 prescribed compensation of ₹3,00,000 to ₹5,00,000 for rape victims under the Assam Victim Compensation Scheme, 2012?

Whether the Assam State Legal Services Authority was required to reassess and determine the petitioner’s compensation in accordance with the Scheme and the 01.02.2019 notification?

The Court applied Section 357A of the Code of Criminal Procedure, 1973, which authorises the formulation of victim-compensation schemes for victims or their dependants who suffer loss or injury and require rehabilitation.

It further applied the Assam Victim Compensation Scheme, 2012, under which compensation is payable to eligible victims, read with the Assam Government notification dated 01.02.2019, which enhanced compensation for rape victims to a range of ₹3,00,000 to ₹5,00,000.

The governing principle was that, where an applicable statutory scheme or notification prescribes the compensation framework, compensation cannot be reduced below the amount warranted under that framework without due consideration of the applicable provisions.

The trial court correctly found that the victim was entitled to compensation, but its judgment did not disclose the basis for quantifying the amount at ₹2,00,000.

More importantly, the judgment was delivered on 08.04.2022, when the notification dated 01.02.2019 was already in force and prescribed compensation of ₹3,00,000 to ₹5,00,000 for rape victims.

The High Court therefore held that the trial court’s failure to consider the applicable notification could not operate to restrict the compensation otherwise payable under the Scheme of 2012.

Since ₹2,00,000 had already been paid, the Court directed the Assam State Legal Services Authority to assess the appropriate amount on the facts of the case and pass an award in accordance with the Scheme and notification.

The Secretary of the Assam State Legal Services Authority was directed to assess the compensation and pass an award within 60 days of receiving a certified copy of the order.

The award was to be forwarded to the State Government, which was directed to provide the necessary funds to the Legal Services Authority for disbursement to the petitioner within 90 days from receipt of the award.