Full Breakdown
Allahabad High Court Strikes Down Injury-Report Requirement for POCSO Compensation
By Drooid · · How we work
Background and Legal Framework
The Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015 provide a INR3 lakh benefit to survivors of sexual offences covered by the POCSO Act, 2012. Eligibility was conditioned on (i) the FIR, (ii) the charge-sheet, and (iii) an injury report indicating penetrative assault.
Case Details and Timeline
- January 28 2024 – An eight-year-old girl alleged sexual assault.
- March 7 2024 – FIR lodged at Shahganj police station, invoking relevant IPC and POCSO sections.
- March 8 2024 – Medical examination could not produce an injury report because consent for that specific exam was not given.
- October 23 2026 – A division bench of Justices Saral Srivastava and Garima Prashad struck down the injury-report condition and ordered the full INR3 lakh to be released within ten days.
Court’s Reasoning and Official Findings
The court held that the FIR and charge-sheet together establish the offence for the welfare scheme, even though they are not judicial determinations of guilt. Physical injury is not a statutory prerequisite for penetrative assault under Section 3 of the POCSO Act, and requiring a medical report forces victims into an “impermissible dilemma” between bodily autonomy and financial aid. Citing Article 14, the judges found the injury-report requirement “manifestly arbitrary” and discriminatory, and therefore severed it from the scheme.
Implications for Victims and the Welfare Scheme
Removing the injury-report prerequisite expands compensation access for child survivors who lack a formal injury record for medical or consent reasons. The decision aligns the scheme with constitutional guarantees of equality and bodily autonomy, ensuring aid is not contingent on unavailable medical evidence.
Data and Statistics
- Compensation: INR3 lakh per survivor.
- Disbursement: INR1 lakh within 15 days of FIR registration; the remaining INR2 lakh within one month of charge-sheet filing.
- Court ordered the full amount to be paid within ten days of the judgment.
Official Statements & Responses
The State government’s argument that the injury-report condition was essential was rejected as inconsistent with the scheme’s rehabilitative purpose.
Why It Matters
The ruling clarifies that compensation under the Uttar Pradesh welfare scheme cannot be denied solely on the basis of absent medical injury documentation, setting a precedent for prioritizing victims’ rights to consent and timely support over procedural technicalities.