Court holds Rs.1 lakh compensation inadequate where minor victim became pregnant and suffered abortion; directs District Legal Services Authority to pay enhanced amount under NALSA's 2018 Victims Compensation Scheme
In a significant judgment delivered on October 28, 2026, the Karnataka High Court (Kalaburagi Bench), presided over by Justice Tyagaraja N. Inavally, enhanced the compensation awarded to a minor victim of aggravated sexual assault from Rs.1,00,000 to Rs.7,00,000. The case involved a 16-year-old girl who was subjected to aggravated sexual assault by the accused, resulting in pregnancy and subsequent abortion on medical advice.
The trial court had earlier found the accused guilty under Section 376(2)(i)(n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (POCSO), sentencing him to rigorous imprisonment and imposing fines. The court also ordered Rs.20,000 to be paid to the victim from the fine amount and recommended Rs.1,00,000 as compensation under the Victims Compensation Scheme.
The victim's mother, appellant in the case, challenged the compensation amount as grossly inadequate given the severe physical and mental trauma her daughter endured, including pregnancy and abortion. Upon appeal, the High Court reviewed the applicable legal framework, including Section 33(8) of the POCSO Act, Rule 7(2) of the POCSO Rules, and the National Legal Services Authority's (NALSA) Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018.
The court underscored that while fixing compensation, factors such as the gravity of the offence, severity of mental and physical harm, medical and counseling expenses, loss of educational opportunity, and other consequential losses must be considered. The scheme prescribes a compensation range of Rs.4,00,000 to Rs.7,00,000 for unnatural sexual assault cases.
Considering the evidence-especially the victim's minor age, pregnancy due to assault, and abortion-the court held the trial court's award of Rs.1,00,000 to be "very much meager." The judgment referred to precedents, including a coordinate bench decision and Supreme Court directives on victim compensation, to emphasize that adequate monetary relief is essential to address the trauma and facilitate recovery.
Accordingly, the High Court allowed the appeal, enhancing the compensation to Rs.7,00,000, and directed the District Legal Services Authority, Bidar, to disburse the amount to the victim, who has now attained majority. The court clarified that the Rs.20,000 paid from the fine amount under Section 357(1)(b) Cr.P.C. is distinct and does not preclude enhanced compensation under the Victims Compensation Scheme.
This judgment reinforces the judiciary's commitment to ensuring just and adequate relief for victims of sexual offences, particularly minors, recognizing the profound impact of such crimes beyond mere incarceration of offenders.
Bottom Line:
POCSO - Victim compensation - Where minor victim of aggravated sexual assault became pregnant and suffered abortion, compensation of Rs.1,00,000/- recommended by trial Court held grossly inadequate - Enhanced to maximum Rs.7,00,000/- under NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018.
Statutory provision(s):
Indian Penal Code Section 376(2)(i)(n), Protection of Children from Sexual Offences Act 2012 Sections 4, 6, 33(8), Protection of Children from Sexual Offences Rules 2012 Rule 7(2), Code of Criminal Procedure 1973 Sections 357(1)(b), 357A, NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018
