Compensation for victims of Child Sexual Abuse under POCSO Act, 2019

Compensation for victims or survivors of Child Sexual Abuse under POCSO Act, 2019


POCSO Act 2019 and Rules 2020 that the compensation be paid not only at the end of the
trial, but also on an interim basis, to meet the immediate needs of the child for relief or
rehabilitation at any stage after registration of the First Information Report and to be disbursed within 30 days of such order

Section 33(8) provides:

“In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such
compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.”

Rule 9 provides further details in relation to the payment of this compensation. It specifies
that the Special Court may order that the compensation be paid not only at the end of the
trial, but also on an interim basis, to meet the immediate needs of the child for relief or
rehabilitation at any stage after registration of the First Information Report. This
could include any immediate medical needs that the child may have. Further, Rule 9(3)
provides that the criteria to be taken into account while fixing the amount of compensation
to be paid include the severity of the mental or physical harm or injury suffered by the child;
the expenditure incurred or likely to be incurred on his/her medical treatment for physical
and/or mental health; and any disability suffered by the child as a result of the offence.
Hence, the child may recover the expenses incurred on his/her treatment in this way


9. Compensation. - (1) The Special Court may, in appropriate cases, on its own or on an application filed by or 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 Code of Criminal Procedure, 1973 (2 of 1974) 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, the 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, including absence from school due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

(iv) loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

(v) the relationship of the child to the offender, if any;

(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 Code of Criminal Procedure, 1973 or any other law for the time being in force, or, 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 in whom the child has trust and confidence from submitting an application for seeking relief under any other rules or scheme of the Central Government or State Government.