Beyond Conviction - The Role Of Compensation In POCSO Offences, Its Challenges And Implementation

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T18:28:42.596301+00:00

Updated: 2026-08-26T17:11:49.525+00:00

BEYOND CONVICTION: THE ROLE OF COMPENSATION

IN POCSO OFFENCES, ITS CHALLENGES AND

IMPLEMENTATION

Ms. Indrani Kakati, Research Scholar, Department of Law, Gauhati University, Guwahati, Kamrup (M), Assam, India

ABSTRACT

The Protection of Children from Sexual Offences (POCSO) Act 2012 is the only legislation that provides a gender-neutral approach, was enacted to safeguard the children from all forms of sexual abuses and exploitations. While the Act emphasizes on prosecuting the sexual offenders, it also recognizes the critical need for compensating the victims of POCSO offences. The study begins by understanding the compensation schemes in India and analyzing its provisions and implementation of the Victim Compensation Scheme under the POCSO Act 2012 and its Rules 2020. Followed by hardships faced by the victims and the procedural setback that results in either delay or unable to receive compensation at all. The paper has also highlighted the challenges faced by the female as well as the non-female victims of POCSO in India, including victims of State of Assam.

The research is based on doctrinal method, relying solely on secondary sources such as literature review, data from the National Crime Record Bureau (NCRB), research reports as well as reports from the Law Commission of India. By analyzing the provisions and implementation of the POCSO Act

2012 and its accompanying rules, the study examined the challenges faced

by victims in accessing compensation. Keywords: POCSO, Compensatory Jurisprudence, Victim Compensation, Gender-neutrality, NCRB, Justice, Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

I.

INTRODUCTION

Compensation laws is India have undergone substantial development acknowledging the State’s responsibility to offer redress to the victims when it fails to safeguard them against any harm even though the wrongdoers are individuals from the private sector. One of the provisions of POCSO Act 2012 that provides relief to the victims is section 33(8). 1 This section grants the Special Court the authority to order compensation along with the penalty. The compensation is provided to redress any sort of physical or psychological distress suffered by the child victim or to aid their prompt recovery and rehabilitation. 2 Rule 9 of Protection of Children from Sexual Offences Rules 2020,3elaborates on this provision and outlines the specifics of how, when and according to what criteria compensation can be ordered by special courts.

4 The incorporation of such provision within a criminal statute is a result of the POCSO Act being designed as a self-contained and all-encompassing legal framework for safeguarding children from sexual offenses. This legislation underscores the paramount consideration for the child’s best interests and overall welfare at every phase of the legal proceedings. The objective is to guarantee the child’s holistic growth, covering physical, emotional, intellectual and social dimensions. 5 India is a country where more than 50% of the population is young and children holds 40% of its population, but through studies it has been found that children are more vulnerable to different forms of crime. 6 Child sexual abuse is one of the most sort of crime that children of India face at least once in their lives.

It is important to note that victims of rape, penetrative sexual assault and sexual harassment can be of any gender. However, within the IPC 1860, (now it has been changed to Bharatiya Nyaya Sanhita, 2023)7 the definition of sexual violence and harassment are limited by traditional

1 Protection of Children from Sexual Offences Act, 2012, Section 33 (India).

2 Ibid.

3 Protection of Children from Sexual Offences Rules, 2020, Rule 9 Compensation. (India)

4 Swagata Raha, Compensation under the POCSO Act, 2012, ACADEMIA (Aug. 12, 2023, 8 PM)

http://feministlawarchives.pldindia.org/wp-content/uploads/Implementation-of-the-POCSO-Act-2012-byspeical-courts-challenges-and-issues-1.pdf?

5 Id at 64.

6 Gayatri Singh, Aneesa Firdaus, Victim Compensation Scheme Under POCSO: Hidden Apathy Towards Non-

Female Victims, 2 DMEJL. 32, 32-33 (2021).

7 Bharatiya Nyaya Sanhita, 2023, No. 45, Act of Parliament, 2023 (India).

gender classifications. BNS Act of 2023 predominantly outlines sexual offences in sections 748 and 639, which especially provides protection to women. Whereas, nonfemale gender could seek protection under the repealed IPC Act of 1860 under section

37710 but no longer such provision is made available as per the new Act of 2023.

However, due to inadequacy of existing legislative framework to address these concerns led to the enactment of Protection of Children from Sexual Offences Act 2012 (POCSO) which came into effect from November 14, 2012. This legislation addresses the gap in the legal system by introducing a dedicated and gender-neutral law to handle offences committed against children. POCSO not only emphasises on providing strict penalties for individuals but also gives importance to the recovery and rehabilitation of child victims. It granted power to the special courts to order compensation for the victims to access medical assistance.11 II.

COMPENSATORY JURISPRUDENCE

The compensatory jurisprudence didn’t receive much attention until the 20th century where rights of the victims were considered to be a basic human right.12 The term compensation means ‘amend for the loss or injury sustained’.13 The Constitution of India in its Articles has thrown light on the rights of the individuals and duties of the State to ensure protection and well-being of its citizens.14 During the initial years the criminal law does not provide compensation to the victims of crime. However, under the law of torts15, victims could claim compensation for any harm or injury to the person or property. But the time taken to receive the damages or compensation from civil court is a tedious process and time taking because of which the concept of compensatory jurisprudence was developed.

8 ibid, Sec. 74 (Assault or criminal force to woman with intent to outrage her modesty).

9 Id, sec. 63 (Rape).

10 Indian Penal Code, 1860, S.377 (Unnatural Offences),

11 Sexual Abuse of Boys in India: The Story in Numbers, AARAMBH INDIA, (Aug.12, 2023, 8 PM),

https://aarambhindia.org/sexual-abuse-boys-india-story-numbers/. 12Ramandeep Singh, Evolution of Compensatory Jurisprudence in Cases of Custodial Violence, Rostrum’s Law Review (Aug.11,2024, 3:00 P.M.)

13 DR. S.S. SRIVASTAVA, CRIMINOLOGY, PENOLOGY & VICTIMOLOGY 527 (4th ed. 2012).

14 INDIA CONST. Part III & IVA.

15 Black’s Law Dictionary 1842 (11th ed.2018) (defining tort as “a civil wrong other than breach of contract, for which the remedy is an action for damages”).

The reason for providing compensation to the victim is – firstly, to provide the victim with social insurance; secondly, as a welfare measure of the government to provide assistance to the underprivileged; thirdly, a way of obligation of the government towards its citizens. 16 In India there is no specific legislation that deals with compensation to the victims of crime as a whole. The theory of compensation under the criminal law is to provide relief to the victims of crime who have suffered physical, psychological and financial hardships. The Declaration of the Basic Principles of Justice for the Victims of Crime and Abuse of Power17 adopted by the United Nations General Assembly in 198518 gives directions to the State to frame a National Victim Compensation Fund and provide financial assistance for their medical treatment and rehabilitation.

19 The Law Commission of India in its 41st Report20 gave suggestions for inclusion of Compensatory relief to the victims of crime under the section 357 of CrPC21, which is now cited under section 395 of the Bharatiya Nagarik Suraksha Sanhita, 202322 (BNSS). But such compensation was given after the accused is convicted and that too according to the financial capacity of the convict. Usually, such amount of compensation does not suffice the victim to meet the expenses required for medical treatment and rehabilitation. One of the drawbacks of Sec 357 of CrPC23, now Sec 395 of BNSS24 is that the victim would not able to claim compensation if the accused has not been found or was acquitted. Due to which, Sec 357-A of CrPC (now Sec 396 of BNSS) was inserted through

2009 Criminal Law Amendment25, which provides an obligation to the government to

16 Ayushi Bharat Singh, Victim Compensation: An Overview, LEGAL SERVICE INDIA (Aug. 11, 2024 3:30 PM), https://www.legalserviceindia.com/legal/article-4794-victim-compensation-anoverview.html#:~:text=As%20it%20is%20the%20duty,the%20State%2C%20since%20it%20failed

17 Adopted on 29 November 1985 by the General Assembly Resolution 40/34.

18UNITED NATIONS,

https://www.un.org/en/ga/about/background.shtml#:~:text=Established%20in%201945%20under%20the,organ %20of%20the%20United%20Nations., (last visited Aug. 11 2024).

19 Supra note 15.

20 Law Commission of India, 41st Report of The Code of Criminal Procedure, 1898, Vol. I, at 1-23 (Sept.1969). 21 Code of Criminal Procedure, 1973, S. 357 (Order to Pay Compensation), No.2, Acts of Parliament, 1974 (India).

22 Bharatiya Nagarik Suraksha Sanhita, 2023, No. 46, Act of Parliament 2023 (India).

23 Supra note 22.

24 Supra note 23.

25 Supra note 22.

provide compensation through the DLSA/SLSA26 in case the accused is acquitted or could not be traced.27 The above provision is also applicable if the amount of compensation or fine provided by the accused is insufficient to meet the expenditure of the victim. From time-to-time Judiciary through its numerous cases has focused on the importance of compensation to the victims of crime. The court has reiterated the precedents on compensation by making it mandatory for the courts to look into the compensatory jurisprudence for the victims of crime and abuse.28 Justice Krishna Iyer has stated that “as important it is to punish the wrongdoer, it is equally important to provide relief to the victim by rehabilitating him or her through financial aid. It is a weakness of our jurisprudence that the victims of crime do not attract the attention of the law.”29 III.

COMPENSATION UNDER THE CONSTITUTIONAL FRAMEWORK

The constitutional foundation for victims’ entitlement to compensation is rooted in various provisions, including fundamental rights enshrined in Article 2130 of the Indian Constitution. This right is further fortified by the Directive Principles of State Policy (DPSP) particularly Article 3831, which emphasizes the State’s responsibility to establish a social order that advances the well-being of the people and Article 4132 which underscores the need for public support in situations of illness, disability and deprivation. The constitutional framework upholds the principle of having compassion for all living beings as highlighted in Article 51- A. 33 The provision casts a duty to cultivate humanism, reinforcing the imperative of recognising and addressing the suffering of individuals affected by crimes and violations.

34 In essence, the victims right to compensation finds its constitutional underpinning in these provisions, which

26 District Legal Service Authority/ State Legal Service Authority.

27 Supra note 22, Code of Criminal Procedure, 1973, Sec.357-A (Victim Compensation Scheme) at 36.

28 Ankush Shivaji Gaikwad V. State of Maharashtra (2013) 6 SCC 771.

29 Maru Ram V. Union of India (1981) 1 SCC 107.

30 Constitution, Supra note 15, art. 21 (Protection of Life and Personal Liberty).

31 Id at 22, art. 38 (State to Secure Social Order for Promotion of Welfare of the People).

32 Id, art. 41 (Right to work, to education and to public assistance in certain cases).

33 Id, art. 51-A (Fundamental Duties).

34 Id at 24.

collectively emphasize the sanctity of life, societal welfare and humane treatment of individuals. 35 Under Article 38(1)36 of the Constitution of India, the supreme Court in case of Delhi Domestic Working Women’s Forum v. Union of India37, suggested for the creation of a Criminal Injuries Compensation Board. This proposed board would award compensation regardless of a conviction in case of rape victims. The objective behind this is to provide redressal to the victim, acknowledging the physical and emotional toll they endure even in cases where conviction is not secured. 38 In case of Abdul Rashid V. State of Odisha39, the Odisha High Court acknowledged the responsibility to provide compensation to the victims even when the wrongdoer is a private individual. The court highlighted that the scope of Article 2140 is beyond awarding compensation involving the State or its Officials.

It has an obligation to support the families of the victims, provide rehabilitation in cases where state is not a party to it but a private individual. 41 IV.

COMPENSATION AS AN

OBLIGATION

UNDER

THE

CRIMINAL

LEGISLATION

Compensation to the victims of crime under the criminal law was provided under sec 357 of the CrPC (now Sec 395 of BNSS), where the court is empowered to order that the fine imposed as part of a sentence, if collected, be allocated as compensation to address any damage or harm resulting from the offense, provided such compensation could be obtained through a civil court.42 However, compensation under Sec 395 of BNSS could be directed only when the accused is convicted. The Supreme Court has noted that the authority to mandate compensation under Section 357 clause 35 Law Commission of India, 154th Report on the Code of Criminal Procedure, 1973 (vol. 1, 1996) 11, at 60-61 36 Supra note 15, art. 38(1) (stating the State shall strive to promote welfare of the people by securing and protecting socio-economic and political justice).

37 (1995) 1 SCC 14.

38 Revised Scheme for Relief and Rehabilitation of Victims of Rape (as revised on April 15, 2010), available at https://www.pmc.gov.in/sites/default/files/Scheme_Rape_Victim.pdf (last visited Aug. 18, 2023).

39 (2014) 1 ILR-CUT 202

40 Supra note 15, art. 21 (Protection of Life and Personal Liberty).

41 Ibid.

42 Supra note 22 at 65.

3 of CrPC (Sec. 395 clause 3 of BNSS) is not a supplementary or secondary sentence,

rather it serves as an independent additional measure. 43 Additionally, Sec 5(1)(a) of the Probation of Offenders Act, 195844 empowers the court exercise its discretion in cases where an offender is released after being admonished or placed on probation for good conduct. The court can choose to order the offender to provide reasonable compensation to address any injury or loss incurred by an individual as a result of the offence committed. 45 The Apex Court has extensively examined the global norms and legal frameworks in various nations that contributed to the victims’ entitlement to reparation within the context of criminal justice system. 46 It determined that Sec 357 of CrPC (now Sec 395 of BNSS) was introduced with specific justifications and therefore bestows the court with authority and responsibility to deliberate on the issues of granting compensation in every criminal cases.

47 It is asserted that unless there exists an obligation for the court to provide compensation in criminal cases, the intended purpose of the provision would be undermined. 48 However, in the 154th Report of the Law Commission of India, has suggested to frame a different chapter on Victimology under the Code of Criminal Procedure. 49 Within this chapter, the report delved into the constitutional and international legal framework that forms the basis for awarding compensation to individuals who are victims of crime. The Law Commission noted that the concept of compensation extends beyond fines and penalties.

50 It recommended that the State should embrace the principle of offering support to victims from its own resources in various scenarios, including: (i) cases where there is an acquittal, (ii) situations where the offender could not be located but the victim is identifiable, and (iii) instances where the offense has been established. 51 This approach reflects a broader understanding of compensating victims and underscores the States responsibility to provide assistance in a range of

43 Hari Singh V. Sukhbir Singh (1998) 4 SCC 551

44 An Act for the release of offenders on probation or after due admonition and for matters connected therewith.

45 Ibid.

46 Ankush Shivaji Gaikwad V. State of Maharashtra (2013) 6 SCC 770.

47 ibid

48 Ibid.

49 Supra note 36.

50 Ibid.

51 Ibid.

circumstances not limited solely to compensation or fines. In line with the Law Commissions’ recommendations, the Code of Criminal Procedure (Amendment) Act, 2008 introduced section 357-A, which acknowledges the obligation of the state to provide compensation to victims.52 According to section 357- A (1)53, (now sec. 39654 of BNSS) State Governments are required to establish a Victim

Compensation Scheme in collaboration with the Central Government where the victims can claim compensation irrespective of the trial have not been conducted or accused have been untraceable. In such cases the dependents of the victim or the victims themselves are eligible to seek compensation from the District or State Legal Service Authority. The SLSA/DLSA is mandated to conclude the inquiry within two months and determine suitable compensation based on their findings. 55 Moreover, these authorities have the jurisdiction to order immediate interim relief providing initial assistance or medical benefits to the victim. The objective of the victim compensation scheme under sec 357-A of CrPC is to ensure prompt and appropriate support for victims, enhancing their access to justice and assistance within the criminal justice framework.

56 As per the provisions of sec 357-A (1) VCS have been established by 29 States and 7 Union Territories in India. However, the offences outlined in the POCSO Act are not included in the list of offences covered by the State VCS or Union territories except for the State of Rajasthan. 57 Interestingly, the Rajasthan VCS specifies that the compensation limits prescribed in the schedule do not apply to cases where the Special Court awards compensation under the POCSO Act. 58 This portrays that the victims of POCSO requires a specific compensation. Such victims and their immediate family members can claim

52 Ibid.

53 Spra note 22, S. 357A.

54 Supra note 23, S. 396 (Victim Compensation Scheme).

55 Ibid.

56 K.I Vibhute, Law on Compensation to Victims of Crime and Abuse of Power by Sammaiah Mundrathi, 46 JILI 594, 595 (2004). 57 National Commission for Protection of Child Rights (NCPCR), Victim Compensation Scheme in the States- Status as on April 2017, available at https://gscpcr.gujarat.gov.in/uploads/site_master/posts/files/uvQcbN7Wyui_2ek30kJT-yby8WvAja0z.pdf, (last visited on 18 August 2023). 58 Rajasthan Victim Compensation Scheme, 2011, Published vide Notification No. S.O. 157, dated 5.1.2012, available at http://www.bareactslive.com/Raj/rj1027.htm?AspxAutoDetectCookieSupport=1, (last visited on 18 August 2023).

compensation through other rules and schemes even though the victim has already received compensation.59 Since the definition of rape under IPC (now BNS 2023) is not a gender-neutral provision, as a result, boys who are victims of penetrative sexual assault may not be eligible to receive compensation under the Victim Compensation Scheme. This has made us feel the need for a comprehensive legal provision that consider and addresses the various forms of sexual offences, ensuring that victims, regardless of gender receive appropriate compensation and support. V.

EMPOWERING VICTIMS: COMPENSATION FRAMEWORK FOR POCSO

OFFENCES

Protection of children from sexual offences Act 2012 was enacted as a genderneutral legislation with the aim not only to punish the accused and provide relief to the victims of offences but also to make sure, compensation is paid adequately even though the accused is either acquitted or could not be traced. Section 33(8)60 of the Act lays down the procedure and powers of the special court. Under this provision, the special court has the power to order payment of compensation to the child who has suffered physical or mental trauma due to sexual offences. 61 There is a difference between Sec 357-A of CrPC and Sec 33 (8) of POCSO Act, as the trial court under Sec 357-A of CrPC can “recommend”, the special court under the POCSO Act can “direct” payment of compensation.

62 POCSO Act is an allinclusive comprehensive legislation which focuses on safeguarding the well-being of the children throughout the process. The POCSO Act confers power on the special court to determine a specific amount of compensation. However, sec 33 (8) does not explicitly clarify if the State can be instructed to provide compensation, but the regulations imply that the State Government can be compelled to offer compensation. 63

59 Ibid.

60 Supra note 2.

61 Ibid.

62 Shrabanti Maity, Pronobesh Ranjan Chakraborty, Implications of the POCSO Act and the determinants of child sexual abuse in India: insights at the state level, 10 Humanities and Social Sciences Communications, 1, 6 (2023).

63 Ibid.

According to Rule 9 of POCSO Rules 2020,64 the awarded compensation should be sourced from the Victim Compensation Fund or any government initiative designed to compensate and aid victims under sec 357-A. The state Government must disburse the compensation within 30 days from the issuance of the directive. 65 As per Rule 9 clause 1 of POCSO Rules 2020, the special court can grant interim compensation either on its own or by an application filled by the child. 66 Such interim compensation can be given any time after the filling of an FIR. Though there might be a confusion regarding such grant of compensation under sec 33(8) of the POCSO Act which is narrower in its interpretation, that might not be the case while reading Rule (1) of the POCSO Rules 2020, the objective the POCSO Act and Sec 357 A of CrPC, which clearly has a way broader interpretation.

Rule 9 (2) grants compensation to the victim whether the accused is convicted, acquitted or discharged. Compensation can also be given to the victim where accused cannot be located or identified. The determining factor is whether the child has suffered any loss or injury. The special court before directing compensation to the victim should consider the 12 factors that has been provided under Rule 9(3) of the POCSO Rules

2020.67 Whereas Rule 9(6) allows the victim or the immediate family members of the

victim to seek for any other compensation or assistance under other rules or government initiatives. This marks a distinction from the victim compensation scheme, where the under the VCS the victim who have received support or relief from the State Government or any other source might be disqualified from obtaining compensation under the scheme.68 An additional area of contrast lies in the fact that the POCSO Act and its associated Rules do not establish a connection between the provision of compensation and the testimony of the child in the court. Whereas, the VCS in numerous states and union territories mandate that for a victim to qualify for compensation, they must cooperate with the police and the prosecution throughout the investigation and trial

64 Protection of Children from Sexual Offences Rules 2020, rule 9 (Compensation).

65 ibid, Rule 9 clause 5.

66 Ibid.

67 Ibid.

68 Supra note 57.

process. Such cases can be seen in the VCS of Andhra Pradesh and Assam.69 VI.

CHALLENGES UNDER THE POCSO ACT 2012 AND RULES 2020

One of the most challenging aspects of the POCSO Act and its Rules is no VCS for POCSO offences. Despite repeated assurances, the Ministry of Women and Child Development has not created a distinct Victim Compensation Scheme under the POCSO Act 2012. State of Tamil Nandu being the only state to take the lead to frame its own Child Victim Compensation Fund 2020.70 Since there is no autonomous compensation fund within the POCSO Act 2012, compensation must be provided through the VCS under Sec 357-A of CrPC. The scheme empowers the DLSA/SLSA to issue order for interim compensation when presented with a certificate form the police officer or magistrate. A significant source of controversy surrounding victim compensation under

POCSO Act revolves around the question of who holds the authority to determine the specific compensation amount. Section 33 endows special court to issue a directive for the payment of compensation, whereas under the POCSO Rules the court is permitted only to suggest. Also, Rule 9(4) specifies that the compensation sum should be disbursed by the state government from either the VCF or any scheme or fund created pursuant to Sec 357 A of CrPC. Importantly, Sec 357-A of CrPC grants the DLSA/SLSA to determine the compensation amount to be provided to any victim. 71 The uncertainty in legal provisions regarding authorization to determine the compensation amount has resulted in confusion even amongst the special courts. In a ruling by the Karnataka High Court in 2020 stated that the special court operating under the POCSO Act should solely suggest the DLSA/SLSA to grant compensation.

72 However, the court should refrain from determining the compensation as it would amount to violation of the CrPC. 69 Swagata Raha, Compensation under the POCSO Act, 2012, Implementation of the POCSO Act, 2012 by Special Courts: Challenges and Issues, 63, 78, available at http://feministlawarchives. pldindia. org/wpcontent/uploads/Implementation-of-the-POCSO-Act-2012-by-speical-courts-challenges-and-issues-1. pdf, (last visited on 19 August, 2023 at 6 PM). 70 Editorial, TN government creates fund for compensation under POCSO Act, THE HINDU, October 13, 2020. 71 Singh G. , Islamia J. M, Aneesa Firdaus, Victim Compensation Scheme under POCSO: Hidden Apathy Towards Non-Female Victims, 2, DME Journal of Law 32-34 (2021).

72 Karnataka State Legal Services V. State of Karnataka, Criminal Revision Petition no.306 of 2018

In another case, the Delhi High Court established that the responsibility for determining the amount of compensation lies with the special court and not with the DLSA/SLSA. According to National Legal Services Authority (NALSA), cases of POCSO are not applicable to Victim Compensation Scheme, instead it serves as a reference for the special court when making decisions regarding allocation of compensation. 73 Amidst this confusion, it’s the victim who bear the brunt of significant harm due to the prolonged wait for compensation, particularly when it comes to the prompt provision of interim compensation meant to offer immediate relief. 74 Amongst all the confusion that stirs the public is unavailability of data with regards to compensation. There is no specific and clear data on the percentage of victims who have received compensation under the POCSO Act.

A study in 2017 reveals that only 5% of total individuals who have filled a Fir under POCSO Act, managed to get compensation. 75 In 2016 only 4% of the victim have received compensation and 1% of them have managed to get interim compensation. 76 According to National Commission for Protection of Child Rights (NCPCR), a total of 6,816 cases were filled under the POCSO Act 2012, with 166 resulting in conviction of the accused. 77 Amongst these, mere 86 victims received compensation and only 27 were granted interim compensation up to 2014. 78 Consequently nearly 49% of the victims were denied compensation that was due to them despite the conviction of the accused. 79 Meanwhile, in 83% of cases victims remain devoid of interim compensation80.

Another study undertaken by Delhi Commission for Protection of Child Rights (DCPCR) in 2019 unveiled that only 15% 73 Editorial, Duty of special court to award interim compensation in POCSO cases, says HC, THE HINDU, June 16, 2020.

74 Supra note 47

75 Sonal Kellogg, Despite SC intervention, victim compensation in POCSO cases poor due to cumbersome process, failure to invoke law, FIRSTPOST, November 28, 2019, available at: Despite SC intervention, victim compensation in POCSO cases poor due to cumbersome process, failure to invoke law-India News, Firstpost, (last visited on 21st August 2023 at 10 AM).

76 Ibid.

77 Abhinav Garv, 99% of child rape survivors don’t get full aid: Plea in HC over DCPCR report, THE TIMES OF INDIA, July 22, 2019.

78 Ibid.

79 Ibid.

80 Ibid.

of victims have received compensation. 81 A 60% of caregivers for the victims who had not received compensation were entirely unaware of existence of such schemes. 82 In 2018 after the judgment passed by the Supreme Court of India in Nipun Saxena & anr. vs. Union of India83 the court acknowledged that, as no dedicated Victim Compensation Scheme existed for child survivors of sexual assault, the special scheme designed for women would be considered by the special courts when determining compensation for them. Though the compensation to be awarded to the victims of POCSO are higher than the compensation received under the VCS under sec 357A of CrPC, the victims of POCSO in reality have received much less amount in comparisons to victims of other crimes.

In 2015 the Central Government established the Central Victim Compensation Fund (CVCF)84 with the objective of bolstering the existing schemes across various States and Union Territories. This initiative aimed to ensure the effective implementation of compensation scheme and extend special support to victims of special crimes, particularly children, while also addressing the disparities in compensation amounts between different states. The challenges therefore are in the negligence and apathy exhibited by authorities and compensation distribution mechanisms, which lead to repeated suffering of the victims. The uncertainty surrounding the authority to determine compensation leads to a situation where victims find themselves shuttling between special courts and DLSA/SLSA, uncertain about who holds the responsibility of quantifying the compensation amount.

Another flaw in the mechanism is the support person to aid child victims throughout the justice delivery process or the NGOs in the compensation recovery process. What’s concerning is that, in majority of cases, victims can only obtain compensation when such individuals are involved. Rendering it almost impossible to secure compensation without their participation.

81 Ibid.

82 Ibid.

83 (2019) 2 SCC 703

84 Central Victim Compensation Fund Guidelines, available at: CVCF_revised_27072017_0.PDF (mha.gov.in), (last visited on 22nd August 2023 at 10 AM).

When victims are already burdened by procedural deficiencies and gaps within the victim compensation system, the presence of gender bias further diminishes the prospects of non-female victims receiving compensation. In a study conducted by the Delhi Commission for Protection of Child Rights (DCPCR) titled: “Mapping of Needs & Priorities: A Study of Child Rape Victims in Delhi”, it was uncovered that all the recipients of compensation under the POCSO Act were girls. 85 Consequently, the VCS under the POCSO Act of 2012 has proven to be entirely ineffective for male and transgender child victims. Remarkably, the study did not even include transgender victims, indicating a clear disregard for their challenges and concerns.

86 In 2018, the Minister for Women & Child Development had to formally urge the chief Ministers of all States and Union Territories to take the appropriate steps in order to include male child victims of sexual abuse within the ambit of Victim Compensation Scheme Fund. 87 This request was prompted by data from the National Commission for Protection of Child Rights that indicated “non-uniform or unsatisfactory” compensation disbursement. 88 However, the government has not made any changes. Even the Ministry for Women and Child Development neglected to acknowledge children who identify themselves as transgender. 89 VII.

AWARD OF COMPENSATION TO THE VICTIMS OF POCSO

While the National Crime Record Bureau provides data on different crimes across India, but when it comes to the data on compensation received by the victims, the Government is silent. Unfortunately, there is no standard platform provided by the government where a track has been maintained on victims receiving aid. However, through order and judgment provided by Judiciary from time to time, compensation awarded by the victims can be assessed. Also, with the help of the efforts of few non- 85 Mapping of Needs and Priorities: A Study of Child Rape Victims in Delhi, Delhi Commission for Protection of Child Rights in Collaboration with Human Development Society, 1-70, available at https://drive.google.com/file/d/19zI8LJ47-FFqRc2KGzw0-PKTCVrdURKR/view, (last visited on September 18th, 2024 at 6:03 PM).

86 Ibid.

87Ministry of Women and Child Development, “Male Child Victims of Sexual abuse should be included in the States/UTs Victim Compensation Scheme/Fund”, available at: Male child victims of Sexual abuse should be included in the States/UTs Victim Compensation Scheme/Fund (pib.gov.in), (last visited on 22nd August 2023 at

12 PM).

88 Ibid.

89 Ibid.

government organizations, data on compensation received by the victims could be extracted. Compensation awarded to the victims of POCSO are less in comparison to victims of other offences.90 The Delhi Special Court has awarded compensation of mere 5.39% of cases (36 out of 667).91 Similarly, in Andhra Pradesh, compensation was awarded only 3.3% of cases.92 Meanwhile, in Assam in 22.09% of cases (38 out of 172) compensation was awarded; in Maharashtra, 9.39% of cases and in Bangalore, 3.63% of cases compensation has been awarded to the victims of POCSO offences.93 VIII.

CONCLUSION

POCSO being a gender-neutral legislation and the only legislation for the protection of children from sexual offences should act stringently and compassionately at the same time. Especially when it comes to compensation to the victims. Unlike VCS under CrPC, compensation under POCSO is provided to all children and not just to the girl child. Howsoever, the rate of providing compensation to male child is less in comparison to female child. The nature and gravity of sexual offence is same irrespective of gender and so equal amount should be given. A drastic change which is required under the act is to take up matters of trans kid. They are more vulnerable to sexual abuses than any other and yet being neglected by the authority and needless to say about the society. The rate of compensation received by the victims is 2% to 4% altogether.

94 What is more interesting is the fact that once the victim gets hostile, victim can no longer claim compensation. Many a times if the victim is sexually advanced then such victims are not given compensation in most of the cases. Interim compensation is hardly received by the victims and if the accused is acquitted the chances of getting full compensation is also gets reduced. The law makers, the judiciary, the NGOs and the Media should actively participate to make sure victims of POCSO gets adequate redressal and compensation. The rights of the victims need to be emphasized more

90 Supra note 70 at 78.

91 Ibid.

92 Id at77.

93 Supra note 58.

94 Ibid.

firmly and compensation is one of the most essential rights without which there is no redressal. The reformatory approach and reparative approach of justice needs to be taken more seriously than ever before with regards to child sexual abuse.