Victim’s Compensation under POCSO

 Protection of Children from Sexual Offences Rules, 2020

Rule 9 Compensation –
(1) The Special Court may, on its own or on an application filed on behalf
of the child, pass an order for interim compensation to meet the needs of
the child for relief or rehabilitation at any stage after registration of the
First Information Report. Such interim compensation paid to the child
shall be adjusted against the final compensation, if any.

(2) The Special Court may, on its own or on an application filed by or on

behalf of the victim, recommend the award of compensation where the
accused is convicted, or where the case ends in acquittal or discharge, or
the accused is not traced or identified, and in the opinion of the Special
Court the child has suffered loss or injury as a result of that Offence.

(3) Where the Special Court, under sub-section (8) of section 33 of the
Act read with sub-sections (2) and (3) of section 357A of the CrPC, 1973
makes a direction for the award of compensation to the victim, it shall
take into account all relevant factors relating to the loss or injury caused
to the victim, including the following:-

(i) type of abuse, gravity of the offence and the severity of the mental or
physical harm or injury suffered by the child;
(ii) the expenditure incurred or likely to be incurred on child’s medical
treatment for physical or mental health or on both;
(iii) loss of educational opportunity as a consequence of the offence,
(iv) loss of employment as a result of the offence.
(v) the relationship of the child to the offender.
(vi) Whether the abuse was a single isolated incidence or whether the
abuse took place over a period of time.
(vii) whether the child became pregnant as a result of the offence;
(viii) whether the child contracted a sexually transmitted disease (STD) as
a result of the offence;
(ix) whether the child contracted human immunodeficiency virus (HIV) as
a result of the offence;
(x) any disability suffered by the child as a result of the offence;
 (xi) financial condition of the child against whom the offence has been
committed so as to determine such child’s need for rehabilitation;
(xii) any other factor that the Special Court may consider to be relevant.

(4) The compensation awarded by the Special Court is to be paid by the

State Government from the Victims Compensation Fund or other scheme
or fund established by it for the purposes of compensating and
rehabilitating victims under section 357A of the CrPC, 1973 or any other
law, where such fund or scheme does not exist, by the State
Government.

(5) The State Government shall pay the compensation ordered by the
Special Court within 30 days of receipt of such order.

(6) Nothing in these rules shall prevent a child or child’s parent or

guardian or any other person with responsibility from submitting an
application for seeking relief under any other rules or scheme of the
Central Government or State Government.

 S.357A Victim compensation scheme (of CrPC, 1973)

Every State Government in co-ordination with the Central Government
shall prepare a scheme for providing funds for the purpose of
compensation to the victim.

 Delhi Victims Compensation Scheme, 2018

Part-II Compensation Scheme for Women Victims/Survivors of Sexual
Assault/other Crimes:
(a) There is a fund called “Women Victims Compensation Fund” which
decides the amount of compensation that shall be paid to the women
victim.
(b) Eligibility for Compensation- A women shall be eligible for grant of
compensation from multiple schemes applicable to her. However,
compensation received by her in other schemes and Sec 357B Crpc
shall be taken into account while deciding the quantum in such
subsequent application.
(c) Schedule Applicable to women victim of the crime:
S.No. Particulars of loss or Minimum Limit Upper Limit of
injury of Compensation Compensation
1. Loss of Life Rs.5 Lakh Rs.10 Lakh
2. Gang Rape Rs.5 Lakh Rs.10 Lakh
3. Rape Rs.4 Lakh Rs. 7 Lakh
4. Unnatural Sexual Assault Rs.4 Lakh Rs. 7 Lakh
5. Loss of any Limb or part of Rs.2 Lakh Rs.5 Lakh
body resulting in 80%
permanent disability or
above
6. Loss of any Limb or part of Rs. 2 Lakh Rs. 4 Lakh
body resulting in 40% and
below 80% permanent
disability
7. Loss of any Limb or part of Rs. 1 Lakh Rs. 3 Lakh
body resulting in above
20% and below 40%
permanent disability
8. Loss of any Limb or part of Rs. 1 Lakh Rs. 2 Lakh
body resulting in above
20% permanent disability

9. Grievous physical injury or Rs.1 Lakh Rs. 2 Lakh

any mental injury
requiring rehabilitation

10. Loss of Foetus i.e. Rs. 2 Lakh Rs, 3 Lakh

Miscarriage as a result of
Assault or loss of fertility

11. In case of pregnancy on Rs. 3 Lakh Rs. 4 Lakh

account of rape

12. Victim of Acid Attack:

a. In case of Rs. 7 Lakh Rs. 8 Lakh
disfigurement of
face.
b. In case of Injury Rs. 5 Lakh Rs. 8 Lakh
more than 50 %
c. In case of Injury less Rs. 3 Lakh Rs. 5 Lakh
than 50 %
Rs. 3 Lakh Rs. 4 Lakh
d. In case of injury less
than 20%
*In case child born out of pregnancy, Compensation or part of therof may
be disbursed in favour of child.

Note: In SC of India in W.P.(C) No.565/2012 Nipun Saxena & Anr. UOI &
Ors. dated 05.09.2018, it is clarified that Part-II of Delhi Victims
Compensation Scheme will function as a guidline to the Special Court for
the award of compensation to victims of child sexual abuse u/s33(8) or
POCSO, 2012 and under rule 7 of POCSO Rules, 2012 until the Rules
are finalized by the Central Government. The guidelines will be gender
neutral.