Gujarat High Court raises rape survivor’s compensation to ₹5 lakh, citing her suicide attempt and mental trauma

The appellant-victim challenged only the compensation awarded following the respondent’s conviction for rape and related offences under the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

The trial court had awarded her ₹3 lakh under Section 357A of the Code of Criminal Procedure and the Gujarat Victim Compensation Scheme, 2019, without giving specific reasons for that amount.

The victim contended that, as a rape victim who had attempted suicide after prolonged harassment, she qualified for compensation under Schedule entries 3 and 9 and sought at least ₹9 lakh.

The State submitted that at least the scheme’s minimum compensation could be awarded.

1. Whether the trial court’s award of ₹3 lakh, unsupported by reasons, required modification.

2. Whether the victim was entitled to compensation under both Schedule entry 3 (rape) and entry 9 (grievous physical injury or mental injury requiring rehabilitation) of the Gujarat Victim Compensation Scheme, 2019.

Section 357A of the Code of Criminal Procedure and the Gujarat Victim Compensation Scheme, 2019 provide for victim compensation and rehabilitation; the Schedule prescribes a minimum of ₹4 lakh for rape (entry 3) and ₹1 lakh for grievous physical injury or mental injury requiring rehabilitation (entry 9).

In Rajendra Bhagwanji Umraniya v. State of Gujarat, AIR 2024 SC 3172, the Supreme Court explained that victim compensation is restitutory and victim-centred: it addresses the loss or injury suffered, is distinct from punishment, and is not determined by the sentence imposed.

The High Court found that the trial court had not explained how it fixed compensation at ₹3 lakh, rendering its decision on that issue non-speaking.

Having considered the record, the Court noted the victim’s physical harassment and mental trauma, as well as her suicide attempt by pesticide consumption.

It held that the circumstances brought her within both Schedule entries: ₹4 lakh under entry 3 for rape and ₹1 lakh under entry 9 for injury requiring rehabilitation.

Applying the victim-centred approach to compensation, the Court concluded that the appropriate total was ₹5 lakh, rather than the ₹9 lakh sought.

The State Legal Services Authority was directed to release the amount; if the original ₹3 lakh had already been paid, it was to be deducted from the total. The District Legal Services Authority, Ahmedabad, was directed to take steps to ensure compliance.