ACT & RULES UNDER WHICH VICTIM COMPENSATION APPLICATION CAN BE FILED IN POCSO CASES

 General Statutory Rule for POCSO  [G.S.R. 165(E)]

 :: Where the Special Court, under sub-section (8) of section 33 of the Act read with sub-sections (2) and (3) of section 357A of the Code of Criminal Procedure, 1973 (2 of 1974) makes a direction for the award of compensation to the victim, [Rule 9 (3)] ::

Rule 9 (3)(i): type of abuse, gravity of the offence and the severity of the mental or physical harm or injury suffered by the child;

Rule 9 (3)(ii): the expenditure incurred or likely to be incurred on child’s  medical treatment for physical or mental health or on both;

Rule 9 (3)(iii):  loss of educational opportunity as a consequence of the offence, including absence from school due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

Rule 9 (3)(iv):  loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

Rule 9 (3)(v): the relationship of the child to the offender, if any;

Rule 9 (3)(vi): whether the abuse was a single isolated incidence or whether the abuse took place over a period of time;

Rule 9 (3)(vii): whether the child became pregnant as a result of the offence;

Rule 9 (3)(viii): whether the child contracted a sexually transmitted disease (STD) as a result of the offence;

Rule 9 (3)(ix): whether the child contracted human immunodeficiency virus (HIV) as a result of the offence;

Rule 9 (3)(x): any disability suffered by the child as a result of the offence;

Rule 9 (3)(xi): financial condition of the child against whom the offence has been committed so as to determine such child’s  need for rehabilitation;

Rule 9 (3)(xii): any other factor that the Special Court may consider to be relevant.