Delhi High Court Flags Misuse Of Victim Compensation In Sexual Offences, Issues Guidelines For Effective Implementation

The Delhi High Court has flagged misuse of victim compensation received by some victims in sexual offence cases, and has issued guidelines for and effective implementation of victim compensation mechanisms. Justice Swarana Kanta Sharma noted that after the registration of an FIR, the victim is granted interim compensation but at a later stage, the victim may resile from her allegations, enter into a compromise, or seek quashing of the FIR or proceedings.“In such situations, it is often found that the interim compensation already disbursed is neither returned by such victim nor is any effective mechanism set in motion by the concerned Legal Services Authority to seek recovery of the same,” the Court said.It added that if interim compensation disbursed in cases where allegations are subsequently withdrawn or found to be false is routinely allowed to remain unrecovered, it may not only result in misuse of public funds but may also dilute the credibility and sustainability of schemes meant to support genuine victims of sexual violence.The Court noted that the Secretary of DSLSA does not receive information regarding orders of quashing of FIRs registered for offences under Section 376 of IPC or under the relevant provisions of the POCSO Act, particularly where such quashing is on the basis of settlement or compromise. As a result, it said, that the DSLSA is often unable to examine whether interim or final compensation granted under the Victim Compensation Scheme is liable to be recovered in appropriate cases.The Court directed that in cases involving sexual offences where compensation has been awarded to the victim, it shall be the duty of the Trial Court to forward a copy of the order and the relevant record to the DSLSA, to enable DSLSA to examine whether proceedings for recovery of compensation are required to be initiated.This has to be done in two cases- where the FIR or criminal proceedings are quashed on the basis of settlement or compromise and such order is received by the Trial Court and where the victim turns hostile during trial, resiles from her earlier allegations.“Further, in all petitions filed before this Court seeking quashing of FIRs or criminal proceedings in cases involving sexual offences – on the basis of compromise or settlement – it shall be mandatory to disclose whether the victim has received any compensation under the Victim Compensation Scheme, along with relevant particulars, if any,” the Court said.“In absence of any guidelines, in many cases, after receiving compensation, in case the FIRs are quashed on the basis of compromise or the witness turns hostile and resiles from her statement completely after receiving interim compensation, the recovery of compensation is not made,” it added.Justice Sharma concluded that the directions are intended to ensure transparency, accountability, and effective implementation of victim compensation mechanisms, while safeguarding public funds and preserving the credibility of schemes meant for the benefit of genuine victims of sexual violence.Title: STATE v. TOSHIB ALIAS PARITOSH & ORSCitation: 2025 LiveLaw (Del) 1749Click here to read order

Delhi High Court Flags Misuse Of Victim Compensation In Sexual Offences, Issues Guidelines For Effective Implementation

Nupur Thapliyal

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