NEW DELHI: The Delhi HC has flagged misuse of the victim compensation programme in certain sexual offence cases and called for stricter measures to prevent abuse of public funds and protect the credibility of schemes meant for genuine victims.
Justice Swarana Kanta Sharma observed that victims are often granted interim compensation soon after the registration of an FIR. However, at a later stage, the victim may resile from her allegations, enter into a compromise, or seek quashing of the FIR or criminal proceedings.
“In such situations, it is often found that the interim compensation already disbursed is neither returned by the victim nor is any effective mechanism set in motion by the concerned Legal Services Authority to recover the amount,” the court said in December 15 order.
The judge directed that in all sexual offence cases where compensation has been awarded, the trial court must forward a copy of the compensation order along with relevant records to the Delhi State Legal Services Authority (DSLSA). This would enable the authority to examine whether proceedings for recovery of compensation need to be initiated.
The court clarified that such action is required in two situations—first, where the FIR or criminal proceedings are quashed on the basis of settlement or compromise and such an order is received by the trial court; and second, where the victim turns hostile during the trial and resiles from her earlier allegations.
Justice Sharma further directed that in petitions filed before the High Court seeking quashing of FIRs or criminal proceedings in sexual offence cases 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.
The judge said the directions were aimed at ensuring transparency, accountability and effective implementation of victim compensation mechanisms, while safeguarding public funds and preserving the credibility of schemes meant to support genuine victims of sexual violence. The court observed that allowing interim compensation to remain unrecovered in cases where allegations are subsequently withdrawn or found to be false may not only result in misuse of public money but also dilute the credibility and sustainability of such schemes.
The observations were made after the court noted that the Secretary of the DSLSA often does not receive information regarding orders quashing FIRs registered under Section 376 of the IPC or under relevant provisions of the POCSO Act, particularly when such quashing is based on settlement or compromise, preventing the authority from examining recovery of compensation in appropriate cases.
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