Surviving POCSO cannot be denied compensation merely because of absence of injury marks: Allahabad HC

Allahabad High Court. File | Photo credit: The Hindu

The Allahabad High Court ruled that a victim of sexual assault under the POCSO Act cannot be denied compensation merely because the medical report does not record physical injuries.

In an order issued on Thursday (October 22, 2026), Division Bench of Justice Shekhar B Saraf and Justice Amitabh Kumar Rai directed the authorities to pay ₹ 3 lakh to the minors under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh scheme within 10 days of producing a certified copy of the order.

The court ruled that the district management committee’s decision to deny compensation violated the law and the provisions of the program.

Under the scheme, survivors of a sexual assault under the Protection of Children from Sexual Offenders Act (POCSO) are entitled to compensation of ₹3,000. Of this, ₹ 1 lakh is due within 15 days of the FIR, while the remaining ₹ 2 lakh has to be paid within a month of filing the application.

The case relates to an FIR registered at the Sarojini Nagar police station in Lucknow on 7 December 2022. The charge sheet in this connection was filed on 13 January 2023.

The District Committee withheld compensation citing the absence of medical evidence supporting penetrative sexual assault. The public prosecutor defended the decision by arguing that the medical report did not record injuries indicating penetration.

The Supreme Court rejected this argument and observed that physical injury is not a necessary condition to establish penetrative sexual assault under Section 3 of the POCSO Act.

The bench ruled that the absence of signs of injury cannot by itself negate the charge of sexual assault. Once the FIR and prosecution allege an offense under Section 4 of the Act, compensation cannot be denied merely because the medical report does not record injury.

The court described the scheme as a beneficial measure designed to alleviate the trauma and suffering of victims and said that its provisions must be liberally interpreted.

Published – 23 Oct 2026 09:31 IST