Karnataka High Court Enhances Compensation for Minor POCSO Survivor from ₹1 Lakh to ₹7 Lakh
The Karnataka High Court has enhanced victim compensation from ₹1 lakh to ₹7 lakh for a minor survivor of aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012, observing that the initial compensation was grossly inadequate considering the physical and psychological trauma suffered by the child.
Justice Tyagaraja N. Inavally, sitting at the Kalaburagi Bench, allowed an appeal filed by the survivor's mother challenging the compensation recommended by the Special Court. The High Court held that the survivor was entitled to the maximum compensation of ₹7 lakh under the National Legal Services Authority's Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018.
Background of the Case
The case concerned a 16-year-old girl who was subjected to aggravated sexual assault. The assault resulted in pregnancy, and a DNA examination confirmed that the accused was the biological father of the foetus. The survivor subsequently underwent an abortion on the advice of a Medical Board.
The Special Court had convicted the accused under Section 376(2)(i)(n) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. It sentenced him to imprisonment and directed that ₹20,000 from the fine be paid to the survivor. Additionally, the District Legal Services Authority (DLSA), Bidar, was recommended to provide ₹1 lakh as compensation under the Victims Compensation Scheme.
Why Did the High Court Enhance Compensation?
The survivor's mother challenged the compensation amount, arguing that ₹1 lakh was insufficient considering the seriousness of the offence and its consequences.
The High Court considered the survivor's age, the aggravated nature of the assault, the resulting pregnancy, the subsequent abortion and the trauma suffered. It observed that the compensation of ₹1 lakh was "very much meagre" in the circumstances of the case.
The Court relied on the applicable victim compensation framework and considered the factors relevant to determining compensation, including the gravity of the offence and the extent of physical and mental harm suffered by the survivor.
What Did the Court Order?
The High Court concluded that the survivor was entitled to the maximum compensation of ₹7 lakh. It accordingly allowed the appeal and directed the DLSA, Bidar, to pay the enhanced compensation directly to the survivor, who had attained majority by that time.
Legal Significance
The decision reinforces the importance of adequate and meaningful compensation for child survivors of sexual offences. It highlights that compensation under the POCSO framework must reflect the gravity of the offence and the actual physical and psychological consequences suffered by the child, rather than being awarded mechanically.
Case: Smt. Puthla @ Puthlabai v. The Member Secretary, Karnataka State Legal Services Authority & Another
Case Number: Criminal Appeal No. 200086 of 2026
Citation: 2026:KHC-K:11583
Judge: Justice Tyagaraja N. Inavally
Decision Date: 28 October 2026