Gravity Of Offence, Victim’s Mental And Physical Harm Must Guide Compensation In POCSO Cases: Karnataka High Court
The Court found the ₹25,000 recommended by the Special Judge inadequate for a 16-year-old sexual-assault victim and recommended that the District Legal Services Authority pay her ₹6 lakh.
The Karnataka High Court has held that, while determining compensation under the POCSO Act and the NALSA Victim Compensation Scheme, 2018, the gravity of the offence and the severity of the victim’s mental and physical harm must be considered.
Applying the victim-compensation scheme, the Court enhanced the compensation recommended for a minor POCSO victim from ₹25,000 to ₹6 lakh.
The Court was hearing a criminal appeal under Section 413 of the Bharatiya Nagarik Suraksha Sanhita filed by the victim’s father against the compensation component of an order passed by a Special Court in a prosecution under the Indian Penal Code, the POCSO Act and the Prohibition of Child Marriage Act.
A Bench of Justice Tyagaraja N. Inavally, upon examining some of the factors to be considered while awarding compensation under the Victims Compensation Scheme, observed that “… the gravity of the offence and severity of mental and physical harm of the victim shall be one of the factors for determining the compensation.”
Advocate Swati M.N. appeared for the appellant, while Advocate B.C. Jaka appeared for the legal services authorities.
Background
The victim was approximately 16 years old when the offences occurred in December 2019. The Special Court convicted the accused of offences under Sections 366A, 376(1) and 370(4) IPC, Sections 4 and 12 of the POCSO Act and Sections 8 and 10 of the Prohibition of Child Marriage Act.
The accused was sentenced to different terms of imprisonment, including ten years for the offences under Section 376(1) IPC, Section 370(4) IPC and Section 4 of the POCSO Act. The sentences were directed to run concurrently.
The Special Court directed that ₹25,000 from the fine amount be paid to the victim under Section 357(1)(b) CrPC. It separately recommended that the District Legal Services Authority, Bidar, pay her ₹25,000 under Section 33(8) of the POCSO Act, Rule 7(2) of the POCSO Rules, 2012 and the applicable victim-compensation scheme.
The victim’s father challenged only the quantum recommended under the scheme. He sought compensation between ₹4 lakh and ₹7 lakh under the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018.
Court’s Observations
Compensation Must Reflect The Harm Suffered
The Court noted that the compensation scheme prescribed several relevant factors, including the gravity of the offence, the severity of mental or physical harm, medical and counselling expenses, and the loss of educational or employment opportunities.
Applying those factors, the Court held: “In the case on hand, the victim was subjected to aggravated sexual assault by the accused and she was aged about 16 years at the time of incident. She suffered sexual assault. Therefore, trauma suffered by the victim would show that the compensation of Rs.25,000/- under Victims Compensation Scheme is very much meager.”
The Court consequently found that the Special Judge’s recommendation did not adequately reflect the victim’s age, the nature of the offence or the trauma suffered.
Evidence Must Be Assessed Under Compensation-Scheme Factors
The Court referred to the coordinate Bench’s decision in Lalita v. State of Karnataka (2023), which had considered compensation under Sections 357 and 357A CrPC and the applicable victim-compensation scheme in a POCSO case.
Quoting that decision, the Court stated: “While fixing the compensation in between Rs.4,00,000/- to Rs.7,00,000/- i.e., minimum and maximum, the trial Court Judges shall have to appreciate the evidence on record in terms of Rule 9(3)(i) to (xii) of Rules 2020.”
The Court clarified that the facts of Lalita were not identical. However, it found the precedent relevant because both matters concerned minor victims and offences under the POCSO Act.
₹6 Lakh Was Just And Reasonable
The Court considered the victim’s age, the nature of the sexual assault and the evidence available on record. It concluded that ₹6 lakh constituted just and reasonable compensation under the scheme.
The Court observed: “Hence, considering the facts of the case and evidence available on record, it would be clear that the victim is entitled to maximum compensation of Rs.6,00,000/- as she being the child aged about 16 years subjected to sexual assault. The factors to be considered while awarding the compensation as per the Victims Compensation Scheme, it is clear that the amount of Rs.6,00,000/- would be just and reasonable compensation payable to be victim. Hence, in the case on hand, considering the facts and circumstances of the case the victim shall be entitled to the compensation of Rs.6,00,000/-.”
The Court further noted that the victim had attained majority by the time the appeal was decided. It therefore directed that the entire amount be paid to her upon deposit.
Conclusion
The Karnataka High Court allowed the appeal and enhanced the compensation payable under the victim-compensation scheme from ₹25,000 to ₹6 lakh.
The Court recommended that the District Legal Services Authority, Bidar, pay ₹6 lakh to the victim. Since she had attained majority, the entire amount was directed to be paid to her upon deposit.
Cause Title: N v. Member Secretary, Karnataka State Legal Services Authority and Another (Neutral Citation: 2026:KHC-K:11584)
