Karnataka HC Raises Recommended POCSO Compensation From ₹1 Lakh To ₹6 Lakh For Survivor Assaulted At Age 10

The appellant, the victim’s grandmother, challenged the Special Judge’s recommendation that the District Legal Services Authority, Bidar (DLSA) pay ₹1,00,000 as compensation under the Victims Compensation Scheme.

The victim was ten years old when she was kidnapped and subjected to an unnatural sexual assault; her parents died after the incident.

The Special Judge convicted the accused of offences under the IPC and the POCSO Act and separately directed that ₹80,000 from the fine be paid to the victim’s mother as compensation under Section 357(1)(b) CrPC.

The appeal sought enhancement of the scheme compensation, relying on the applicable range of ₹4,00,000 to ₹7,00,000 for unnatural sexual assault.

Section 33(8) of the POCSO Act, read with Rule 7(2) of the POCSO Rules, 2012, provides for compensation to a child victim in accordance with the applicable victim compensation scheme.

The Court considered the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, which provides compensation of ₹4,00,000 to ₹7,00,000 for unnatural sexual assault and identifies factors including the gravity of the offence, the severity of physical or mental harm, and relevant treatment or other expenses.

The Court also referred to Smt. Lalita v. State of Karnataka, which discussed compensation under the Scheme and the assessment factors in Rule 9(3) of the 2020 Rules, while noting that its facts were not similar.

Section 357(1)(b) CrPC was the basis for the separate direction concerning the fine; it was distinct from compensation under the Scheme.

The Court considered the victim’s age, the kidnapping, the unnatural sexual assault, and the threat to kill her if she disclosed the incident.

In light of the resulting seriousness of the harm and the Scheme’s compensation factors and prescribed range, it found ₹1,00,000 inadequate and held ₹6,00,000 to be just and reasonable.

Although the appellant sought the maximum amount of ₹7,00,000, the Court fixed compensation at ₹6,00,000, without adopting the higher award made on the materially different facts in Lalita.

The Court enhanced the compensation recommended under the Victims Compensation Scheme from ₹1,00,000 to ₹6,00,000 and recommended that the DLSA, Bidar pay that amount to the victim.

If she had attained majority, the entire amount was payable to her; otherwise, it was to be placed in a fixed deposit in her name until she attained majority.