From Victimhood to Legal Redress: Reconstructing the Jurisprudence of Compensation for Child Victims Under POCSO

Abstract

The problem of compensation under the Protection of Children from Sexual Offences Act, 2012 finds itself at a peculiar point wherein the criminal law is near civil remedy. The manner in which Section 33(8) treats compensation makes it a discretionary measure depending on the circumstances. However, the interpretation given to this provision by various High Courts gives the matter an element that borders on being mandatory due to the provisions of Rule 9 of the POCSO Rules, 2020 and the NALSA Compensation Scheme of 2018. This essay attempts to show the evolution of compensation from an ancillary measure of punishment to a legal right that the State owes to the children due to its duty to protect them. The shortcomings that exist in the execution of compensation, including delay in payment, inconsistency in granting of compensation and collection of compensation from child witnesses who have since become hostile, among others, are some of the areas of discussion.