Case Note & Summary
The Karnataka State Legal Services Authority (KSLSA) filed a Criminal Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging an order dated 02.11.2017 passed by the LIII Additional City Civil and Sessions Judge, Bangalore (Trial Court) in Spl.CC.No.431/2017. The Trial Court had directed KSLSA to pay a sum of Rs.35,000/- by way of compensation to the victim under Rules 7(2) and 7(4) of the Protection of Children from Sexual Offences Rules, 2012 (POCSO Rules). The case involved respondent No.2, Alwin Selvakumar, who was the accused in a case registered by Adugodi Police Station. The KSLSA contended that the Trial Court erred in directing it to pay compensation, as the appropriate authority for interim compensation under the POCSO Act and Rules is the District Legal Services Authority or the State Government, not the KSLSA. The High Court heard the learned counsel for the petitioner, the High Court Government Pleader for respondent No.1/Police, and the learned counsel for respondent No.2/accused. The Court analyzed the provisions of Section 357A of the Code of Criminal Procedure, 1973, and the POCSO Rules, 2012, and held that the Trial Court's order was not sustainable. The Court set aside the impugned order, allowing the revision petition.
Headnote
A) Criminal Law - Interim Compensation - POCSO Act, 2012 - Section 357A CrPC - Trial Court directed KSLSA to pay Rs.35,000/- as interim compensation to victim under Rules 7(2) and 7(4) of POCSO Rules, 2012 - Held that the appropriate authority for interim compensation is the District Legal Services Authority or the State Government, not KSLSA - Order set aside (Paras 1-4).
Issue of Consideration
Whether the Trial Court could direct the Karnataka State Legal Services Authority (KSLSA) to pay interim compensation to the victim under the Protection of Children from Sexual Offences Act, 2012 and the POCSO Rules, 2012, without following the procedure under Section 357A of the Code of Criminal Procedure, 1973.
Final Decision
The Criminal Revision Petition is allowed. The order dated 02.11.2017 passed by the LIII Additional City Civil and Sessions Judge, Bangalore in Spl.CC.No.431/2017 directing the petitioner/KSLSA to pay compensation of Rs.35,000/- to the victim is set aside.
Law Points
- Interim compensation under POCSO Act must be paid by District Legal Services Authority or State Government
- not KSLSA
- Trial Court cannot direct KSLSA to pay compensation without following procedure under Section 357A CrPC and POCSO Rules 2012
- KSLSA is not the appropriate authority for interim compensation
