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Nida Khatri   03 November 2020

Pocso compensation

How to get compensation for pocso case?



Learning

 1 Replies

Ishita Desai   03 November 2020

Originally posted by : Nida Khatri
How to get compensation for pocso case?

Hello,

Minor s*xual assault survivors could be given immediate compensation within a week their cases are taken up in special Protection of Children from Sexual Offences (POCSO) Act courts. 

You need to specify more specifically as to what type of POSCO case are you referring to. 

After the amendments to the POSCO Act in August, the Supreme Court in September directed the Centre to follow the compensation structure specified by the National Legal Services Authority. Under the structure, the maximum compensation for gang-rape survivors is Rs 5 lakh and for their kin in case of their deaths is Rs 10 lakh and the compensation in the case of rape and unnatural assault ranges from Rs 4 to Rs 7 lakh. The compensation for acid attack victims ranges from Rs 5 to 8 lakhs.

The Delhi High Court has said it is the duty of the special court to award interim compensation to minor victims of s*xual assault and the responsibility cannot be delegated to the legal services authority. 

Here are a few more crimes that will help you understand the change that has been caused after the 2019 Bill.

Offence

POCSO Act, 2012

2019 Bill

Use of child for p*rnographic purposes

·    Maximum: 5 years

·    Minimum: 5 years

Use of child for p*rnographic purposes resulting in penetrative s*xual assault

·    Minimum: 10 years

·    Maximum: life imprisonment

·    Minimum: 10 years (in case of child below 16 years: 20 years)

·    Maximum: life imprisonment

Use of child for p*rnographic purposes resulting in aggravated penetrative s*xual assault

·    Life imprisonment

·    Minimum: 20 years

·    Maximum:  life imprisonment, or death.

Use of child for p*rnographic purposes resulting in s*xual assault

·    Minimum: Six years

·    Maximum: Eight years

·    Minimum: Three years

·    Maximum: Five years

Use of child for p*rnographic purposes resulting in aggravated s*xual assault

·    Minimum: Eight years

·    Maximum: 10 years

·    Minimum: Five years 

·    Maximum: Seven years

Hope this has helped to clear your doubt!

Regards,

Ish*ta Desai

Law Student 


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