By Team Neeraj Associates, Lucknow · Last reviewed: November 2026 · 6 min read
हिंदी में पढ़ें: पॉक्सो मुआवज़ा: इंजरी रिपोर्ट ज़रूरी नहीं — हिंदी गाइड
Quick answer: No. Compensation for a child survivor of sexual abuse in India does not depend on an injury report. The Special Court can order compensation under Section 33(8) of the POCSO Act, 2012 and Rule 9 of the POCSO Rules, 2020, even as interim relief soon after the FIR, and in October 2026 the Allahabad High Court held that the injury-report condition in Uttar Pradesh's Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015 is invalid.
Why was an injury report being asked for?
Under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015, the State gives fixed financial assistance to women and child victims of certain serious offences. For aggravated penetrative sexual assault under Section 6 of the POCSO Act, the published schedule provides ₹3 lakh. Entry 7 of Annexure 1 of the Rules listed three documents: the FIR, the charge-sheet, and an injury report indicating penetrative sexual assault.
Many claims were held up because there was no injury report, or because the medical report did not record injuries. In sexual offences against children, the absence of visible injury is common. The examination may happen days later, or the family may not consent to it. Courts have generally taken the view that the absence of injuries does not, by itself, mean that no offence took place.
What did the Allahabad High Court decide in October 2026?
The High Court held that making an injury report compulsory for this assistance violates Article 14 of the Constitution, and severed that requirement from Entry 7. In practical terms:
- The FIR and the charge-sheet are still required.
- An injury or medical report, if available, can still be placed before the authority and considered.
- The absence of an injury report cannot by itself be a ground to refuse assistance.
The Court also noted that a medical examination of the survivor can be done only with consent under Section 184(7) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (old Section 164A(7) CrPC). A scheme cannot penalise a family for a step the law itself leaves to consent.
What compensation does the POCSO Act provide?
There are three separate routes. They work alongside each other.
- Special relief under Rule 8, POCSO Rules, 2020. For urgent needs such as food, clothes and transport, the Child Welfare Committee (CWC) can recommend immediate payment. The amount is paid by the District Legal Services Authority (DLSA), the District Child Protection Unit, or the fund under Section 105 of the Juvenile Justice Act, 2015, within a week of the CWC's recommendation.
- Compensation ordered by the Special Court under Section 33(8) POCSO and Rule 9. The Special Court may, in addition to punishment, direct payment of compensation for physical or mental trauma or for immediate rehabilitation.
- Victim compensation under Section 396 BNSS (old Section 357A CrPC). Every State must have a victim compensation scheme. The DLSA or State Legal Services Authority decides the amount after a court recommends compensation or the victim applies.
The UP Kosh assistance is a separate State scheme. Rule 9(6) of the POCSO Rules makes clear that the child or the family can also seek relief under any other Central or State scheme.
Can compensation be paid before the trial ends?
Yes. Under Rule 9(1), the Special Court can order interim compensation at any stage after the FIR is registered, on its own or on an application by or for the child. The interim amount is later adjusted against the final compensation.
Under Rule 9(2), final compensation can be recommended whether the accused is convicted, acquitted or discharged, or is never traced, if the child has suffered loss or injury from the offence. Section 396(3) and (4) BNSS give a similar right under the victim compensation scheme.
How does the Special Court decide the amount?
Rule 9(3) lists the factors. They include:
- the type of abuse, the gravity of the offence and the severity of physical or mental harm
- medical expenses, including for mental health
- loss of schooling or employment due to trauma, treatment, investigation or trial
- the child's relationship with the offender
- whether the abuse was a single incident or continued over time
- pregnancy, sexually transmitted infection, HIV or disability caused by the offence
- the child's financial condition and need for rehabilitation
None of these factors depends only on whether an injury was recorded.
How soon must the money be paid?
- Special Court order: the State Government must pay within 30 days of receiving the order (Rule 9(5)). It is paid from the victim compensation fund under Section 396 BNSS or, if no fund exists, by the State.
- Legal Services Authority: after a court recommendation or an application, the DLSA or SLSA must complete its enquiry and award compensation within two months (Section 396(5) BNSS).
- Rule 8 special relief: within one week of the CWC's recommendation.
Under Section 396(6) BNSS, the Authority can also order free first aid, medical benefits or other interim relief immediately. Under Section 397 BNSS (old Section 357C CrPC), all hospitals must give free first aid or medical treatment to such victims and inform the police at once.
What should a family do to claim compensation? (Step-by-step)
- Make sure the FIR is registered and keep a copy. Under Section 19(6) POCSO, the police must report the case to the CWC and the Special Court within 24 hours.
- Ask the CWC for Rule 8 special relief if there are urgent needs.
- Apply to the Special Court for interim compensation under Section 33(8) POCSO and Rule 9(1). The Support Person or the prosecutor can help bring the application.
- Approach the DLSA under Section 396 BNSS, especially if the accused is untraced or the trial is delayed.
- Follow up on the UP Kosh claim with the District Steering Committee (headed by the District Magistrate) once the charge-sheet is filed. If it is rejected only for want of an injury report, ask in writing for reconsideration in light of the October 2026 ruling.
- If payment is refused or delayed without reason, a writ petition under Article 226 can be filed in the Allahabad High Court; for districts within the Lucknow Bench's jurisdiction, at Lucknow.
What documents are usually needed?
- FIR and, for the UP Kosh, the charge-sheet
- Any medical or injury report that exists (helpful, but not compulsory)
- Proof of the child's age and identity, and the guardian's identity
- Bank account details (often a protected or joint account for the child)
- Copies of any Special Court, CWC or DLSA order
Keep the child's identity protected. Section 23 POCSO and Section 72 of the Bharatiya Nyaya Sanhita (BNS) (old Section 228A IPC) bar disclosure of the identity of a child victim.
Frequently asked questions
Is an injury report necessary to get compensation for a POCSO survivor in UP?
No. In October 2026 the Allahabad High Court held the injury-report condition in the UP Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015 invalid. The FIR and charge-sheet are still required, and a medical report, if available, may still be considered.
Who can order compensation under the POCSO Act?
The Special Court, under Section 33(8) of the POCSO Act read with Rule 9 of the POCSO Rules, 2020. The Legal Services Authority can also award compensation under Section 396 BNSS.
Can compensation be given before the trial is over?
Yes. Under Rule 9(1), the Special Court can order interim compensation at any stage after the FIR is registered. It is adjusted against the final compensation later.
Is compensation available if the accused is acquitted or not found?
Yes. Rule 9(2) of the POCSO Rules and Section 396(3) and (4) BNSS allow compensation even on acquittal or discharge, or where the offender is not traced, if the child has suffered loss or injury.
How soon must the State pay?
Within 30 days of receiving the Special Court's order under Rule 9(5). Where the Legal Services Authority decides, its enquiry must be completed within two months under Section 396(5) BNSS.
Can a child get help under more than one scheme?
Yes. Rule 9(6) of the POCSO Rules says nothing prevents an application under any other Central or State scheme. Interim compensation is adjusted against final compensation, and a scheme may adjust amounts already paid.
Is a medical examination of the child compulsory?
No. Under Section 184 BNSS (old Section 164A CrPC), a medical examination needs the consent of the survivor or of a person competent to consent on her behalf. This is one reason why an injury report cannot be made a compulsory condition for assistance.
What can be done if the claim is rejected or delayed?
Ask the authority in writing to reconsider, apply to the Special Court or the DLSA, and if there is still no lawful decision, a writ petition under Article 226 can be filed in the High Court.
About the authors
Team Neeraj Associates, Lucknow Email: rishi.saxena@neerajassociates-legal.com · Phone: +91 8960006363
Questions on this guide? If you have a question about the law discussed here, write to rishi.saxena@neerajassociates-legal.com. Selected questions will be answered in future updates of this guide. We do not advise on individual matters through this website.
Disclaimer: This article is general information as of November 2026, not legal advice. Laws, rules and State schemes change, and every case depends on its facts. Please consult an advocate about your situation.
Disclaimer: This article is general information about Indian law and is not legal advice. Laws, rules and court rulings change, and your situation may differ. Please consult an advocate before acting.