Karnataka HC Raises POCSO Survivor’s Recommended Compensation From ₹3.5 Lakh To ₹6 Lakh For Assault At Age 14

In brief

The question

1. Whether the compensation of ₹3,50,000 recommended by the Special Court was inadequate in light of the Victims Compensation Scheme and the circumstances of the offence.

The court held

The Court allowed the appeal and enhanced the compensation from ₹3,50,000 to ₹6,00,000.

It also directed

It recommended that the DLSA, Vijayapura pay that amount to the victim and directed that the entire compensation be released to her upon deposit.

01Facts

The appellant, father of the victim, challenged the Special Court’s order convicting the accused of offences including aggravated penetrative sexual assault under Section 6 of the POCSO Act and recommending compensation of ₹3,50,000 for the victim under the Victims Compensation Scheme.

pp. 3–5

The victim was 14 years old when the offence occurred.

pp. 3–5

The appellant sought enhancement, relying on the Scheme’s compensation range of ₹4,00,000 to ₹7,00,000 for unnatural sexual assault.

pp. 5–7

The victim had attained majority by the time of the appeal.

p. 9

02Issues

i.1. Whether the compensation of ₹3,50,000 recommended by the Special Court was inadequate in light of the Victims Compensation Scheme and the circumstances of the offence.

pp. 5–7, 9–10

ii.2. Whether the compensation payable to the victim should be enhanced, and, if so, to what amount.

pp. 9–10

03Law Applied

Section 33(8) of the POCSO Act provides for compensation to victims in accordance with the applicable victim compensation scheme.

p. 5

The Special Court had also referred to Section 357A of the Cr.P.C. and Section 7(2) of the POCSO Act when recommending compensation.

p. 4

The Court considered the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, including its ₹4,00,000–₹7,00,000 range and factors such as the gravity of the offence, physical and mental harm, medical and counselling expenses, and loss of educational or employment opportunities.

pp. 5–7

It also referred to Lalita v. State of Karnataka, which discussed the Scheme, Rule 9(3) of the 2020 Rules, and the enhancement available where a victim is a minor, as well as the authorities cited in that decision, including Nipun Saxena v. Union of India.

pp. 7–9

Provisions in the judgment · 9 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 413

Indian Penal Code, 1860 Section 363 Section 344 Section 376

Protection of Children from Sexual Offences Act, 2012 Section 5 Section 6 Section 7 Section 33

Code of Criminal Procedure, 1973 Section 357

04Reasoning

The Court found that the victim had suffered aggravated sexual assault at the age of 14 and that the trauma and harm arising from the offence made the original award of ₹3,50,000 inadequate.

p. 7, 9

Having considered the Scheme’s compensation factors and the circumstances of the case, the Court determined that ₹6,00,000 was reasonable compensation.

pp. 9–10

Although the victim had since attained majority, the Court directed that the entire amount be paid to her.

pp. 9–11