Limitation Period Won't Come In Way Of Moving Applications For Compensation To Victims Of Sexual Offences: Delhi High Court

Directing Delhi State Legal Services Authority (DSLSA) to move applications on behalf of the victims of sexual offences for compensation in the cases registered between 2012 to 2017, the Delhi High Court has clarified that there will be no requirement to file a separate application for condonation of delay to seek compensation in such cases.

Observing that since no limitation for filing an application for compensation is provided under Section 357(A) of the Cr.PC or Section 33 of the POCSO Act, such a provision under the Part-II of the Delhi Victims' Compensation Scheme (DVCS)-2018 cannot be used or invoked in a hyper- technical manner to defeat the rights of the victim for whose assistance and support the entire Scheme has been formulated.

"Hence, to obviate the possibility of the victim's right to compensation being fettered or curtailed on the technical plea of limitation alone, I deem it fit to clarify that there will be no requirement to file a separate application for condonation of delay in seeking compensation. The limitation shall not come in the way of moving applications for compensation in disposed of cases. The concerned DVCC/ Special Court shall read Clause 16 of Part-II of DVCS- 2018 liberally and entertain applications for compensation and thereafter, decide the same on merits."

As per Clause 16, an application for compensation can only be moved within three years of the offence or conclusion of trial. Justice Singh was dealing with a matter pertaining to the issue of supply of FIRs, pertaining of sexual offences, to DSLSA for the purposes of granting interim compensation to the victims.

Access to Lawyers

The court directed the Principal District and Sessions Judges to direct judges and other court staff to identify and trace out the files of the disposed of POCSO, rape and other sexual offence cases expeditiously and permit inspection by the lawyers provided by Bachpan Bachao Andolan (BBA) for filing of appropriate applications for compensation.

"Needless to say that these lawyers shall be sensitized with regard to maintaining the confidentiality and respect for privacy of the victim while inspecting records and making reports as proposed," said the court.

The court directed DSLSA to start moving applications on behalf of the victims in disposed of cases at the earliest, while seeking a fresh status report on February 10, 2023, the next date of hearing.

"Needless to say that the exercise of moving applications for compensation in pending cases shall continue as before and report regarding the same be also filed on the NDOH," the court added.

The counsel appearing for DSLSA earlier submitted that meetings were held with all concerned stakeholders and an attempt was made to formulate a mechanism for filing applications for compensation on behalf of victims in disposed of cases involving sexual offences.

However, the counsel flagged an issue that the concerned Judges or record room incharges may not permit fresh lawyers to inspect judicial records, since they were not representing the victims during the pendency of the case.

Another issue highlighted was regarding the limitation as per which compensation applications can only be moved within 3 years of the offence or conclusion of trial, as mentioned in Delhi Victims Compensation Scheme, 2018.

It was submitted that many courts or District Victim Compensation Committees (DVCCs) may not entertain applications for compensation in cases where trial concluded more than 3 years back.

Previously, the Court had observed that Special Courts must, on their own, initiate action for grant of interim compensation to child victims at the earliest, without waiting for them to file an application for the same.

It had also sought details from the DSLSA regarding payment and non payment of compensation to victims in relation to the FIRs pertaining to sexual offences.

Earlier, the Delhi Police has also informed the Court that all the District DCPs were sensitized and necessary Standing Orders were issued so that the entire data with respect to the cases pertaining to sexual offences can be shared with DSLSA.

Keeping in view that such default in sharing of data is recurring in nature, the Court had earlier sought measures to ensure that no victim is left without compensation or counselling.

Case Title: Umesh v. State (and other connected matters)

Citation: 2022 LiveLaw (Del) 1193

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