Akhya Pandey
On 5th September 2024, the Delhi High Court, in the case X v. State & Anr., stepped in to enhance the compensation awarded to a young girl who had been sexually assaulted by her own father. The survivor had approached the Court challenging the meagre compensation of ₹85,000 (₹75,000 interim and ₹10,000 final) awarded by the Special POCSO Court, arguing that it failed to reflect the seriousness of the crime, the trauma she endured, the financial hardship she faced, and the interruption of her education.
The Single Judge Bench of Justice Manoj Kumar Ohri heard the matter. Her lawyer urged the Court to treat her case as equivalent to “Unnatural Sexual Assault” under the Delhi Victim Compensation Scheme, 2018, which provides compensation between ₹4–7 lakh. Since she was a minor at the time of the offence, the scheme mandates an enhancement of 50%, pushing the eligible range to ₹6–10.5 lakh. The argument was based on Rule 9(3) of the POCSO Rules, 2020, which requires the court to consider factors like the gravity of the offence, the relationship with the offender, emotional and educational impact, and the survivor’s economic background.
The Delhi State Legal Services Authority (DSLSA) and the State agreed that only the Special Court, under Section 33(8) of the POCSO Act, had the power to determine compensation, and not the DSLSA. They also cited the Supreme Court’s ruling in Nipun Saxena v. Union of India (2020 18 SCC 499), which clarified that compensation schemes are only guidelines and not binding limits.
Justice Manoj Kumar Ohri noted that the Special Court had failed to properly assess the survivor’s trauma and circumstances. Relying on past High Court decisions such as X v. State and X through Mother v. State, the Court reaffirmed that in grave cases involving minors, courts should lean towards the maximum compensation under the scheme—and in fact, treat it as the baseline.
After considering that ₹85,000 had already been disbursed, the Court directed the DSLSA to pay the remaining ₹9,65,000 within four weeks by demand draft, taking the total to the maximum of ₹10.5 lakh.
Bench: Single Judge Bench – Justice Manoj Kumar Ohri
Case Name: X v. State & Anr.
Neutral Citation: 2025 DHC 6114
Case Number: CRL.A. 449/2023
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