Karnataka HC Recommends DLSA Pay POCSO Survivor Rs 6 Lakh, Up From Rs 25,000, For Assault When She Was 16

The appellant was the father of a 16-year-old victim who was abducted, taken to Mumbai, and sexually assaulted.

The Special Court convicted the accused of offences under the IPC, the POCSO Act and the Prohibition of Child Marriage Act. It directed that ₹25,000 from the fine be paid to the victim under Section 357(1)(b) CrPC and recommended a further ₹25,000 from the District Legal Services Authority (DLSA), Bidar, under the victims’ compensation scheme.

The appellant challenged the amount recommended under the scheme as inadequate and sought enhanced compensation.

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

The Court considered the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, including its compensation range of ₹4,00,000 to ₹7,00,000 for unnatural sexual assault and factors such as the gravity of the offence, harm suffered, treatment expenses, and loss of educational or employment opportunities.

It also referred to Lalita v. State of Karnataka, which discussed compensation under the scheme and the assessment factors in Rule 9(3).

The ₹25,000 ordered from the fine under Section 357(1)(b) CrPC was distinct from compensation under the scheme.

The Court found that the victim was a child aged about 16 when she was subjected to sexual assault, and that the resulting trauma made the Special Court’s recommended scheme compensation of ₹25,000 plainly inadequate.

Having considered the seriousness of the offence, the victim’s age and the scheme’s compensation framework, the Court determined that ₹6,00,000 was just and reasonable in the circumstances.

As the victim had attained majority by the time of the appeal, the entire enhanced amount was to be paid directly to her.

The Court enhanced the compensation payable to the victim under the Victims Compensation Scheme from ₹25,000 to ₹6,00,000 and recommended that DLSA, Bidar, pay that amount to her.

The entire amount is payable to the victim, who had attained majority.