The Delhi High Court has held that the Special Court need not wait for an application to be filed by a child victim before passing an order for interim compensation.

The Bench of Justice Jasmeet Singh observed that as per Rule 9 (1) of Protection of Children from Sexual Offences Rules Special Court can on its own or on an application pass an order for interim compensation.

"According to me, the Special Court need not wait for an application to be filed by a child victim before passing an order for interim compensation and must on its own initiate action for grant of interim compensation at the earliest", the Court opined.

This observation was made after the Court noted that when the applications were moved before the Special Court for interim compensation, it took two to three hearings before any effective order was passed in the said application.

Rule 9 (1) of POCSO Rules provides that: "The Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report. Such interim compensation paid to the child shall be adjusted against the final compensation, if any."

The Court observed that Special Court must rely on the preliminary assessment report in Form B which must be filed within 24 hours of the registration of the FIR.

The Court also directed that the Special Court shall inform the victims about their right to move applications under DVCS when the case comes up for hearing before them.

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Delhi High CourtJustice Jasmeet SinghPOCSOInterim Compensation

Ashish Shaji