By Tanvi Mehta.

In a significant ruling, the Delhi High Court enhanced the compensation awarded to a minor victim of sexual assault from Rs. 85,000 to Rs. 10.5 lakhs, emphasizing the need for adequate support and rehabilitation of child victims.

The case stemmed from an FIR registered in 2018 at the instance of the petitioner, a minor girl who alleged physical and sexual abuse by her father. The accused was arrested, and charges were framed under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. During the trial, the accused father committed suicide, leading to the abatement of proceedings against him.

Initially, the Special Court had awarded an interim compensation of Rs. 75,000 to the petitioner. Following the accused’s death, the petitioner approached the court again seeking final compensation. The Special Court then awarded an additional Rs. 10,000, bringing the total compensation to Rs. 85,000. Dissatisfied with this amount, the petitioner moved the Delhi High Court, arguing that the compensation was inadequate given the trauma she had endured.

The High Court, in its judgment, considered various factors including the severity of the mental and physical harm suffered by the child, the loss of educational opportunities, and the financial condition of the victim’s family. The court noted that the petitioner had to leave school for a year due to mental trauma and financial distress, and that her mother, the sole breadwinner, earned only Rs. 7,000 per month to support a family of three. In determining the appropriate compensation, the court referred to the Delhi Victim Compensation Scheme 2018 and the National Legal Services Authority’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes. Although the specific offence of aggravated sexual assault was not explicitly mentioned in these schemes, the court used the category of ‘Unnatural Sexual Assault’ as a reference point.

The Court reasoned that since POCSO is beneficial legislation aimed at ameliorating the suffering of child victims of sexual abuse, the maximum compensation prescribed in the scheme should be treated as the minimum compensation in such cases. Furthermore, as the victim was a minor, the court applied a provision that increased the compensation limits by 50% for minor victims. Based on these considerations, the Delhi High Court determined that the appropriate compensation for the petitioner should be Rs. 10.5 lakhs. After deducting the Rs. 85,000 already paid, the court directed the Delhi State Legal Services Authority (DSLSA) to disburse the remaining Rs. 9,65,000 to the petitioner within four weeks of the order.

[Case: X vs. State, Citation: CRL.M.C. 51/2023.]

Click here to read/download the judgement.