Nipun Saxena vs Union of India - 2018 Supreme(SC) 1701

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 1701

MADAN B.LOKUR, S.ABDUL NAZEER, DEEPAK GUPTA
Nipun Saxena – Appellant
Versus
Union of India – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Ms. Indira Jaising, Ms. Sangeeta Madan, Mr. P.S. Tripathi, Ms. Vani Vyas, Mr. Mukesh Kumar Singh, Ms. Aanchal Singh, Mr. Ravi Chandra Prakash, Mr. Abhishek Tripathi, Ms. Ajita Sharma, Ms. Ankita Chaudhary, Mr. Prashant Chaudhary, Mr. R.P. Gupta, Mr. E.C. Agrawala.
For the Respondents: Ms. Pinky Anand, Mr. Ashok Kumar Panda, Mr. Sachin Sharma, Ms. Sushma Verma, Mr. Raj Bahadur, Mrs. Anil Katiyar, Mr. S.A. Haseeb, Ms. Kiran Bhardwaj, Ms. Bhakti Pasrija Sethi, Mr. M.P. Gupta, Ms. Kirti Dua, Mr. B.V. Balaram Das, Mr. Ajay Kumar Singh, Mr. Shailinder Saini, Mr. R.K. Rathor, Ms. Rashmi Malhotra, Ms. Sunita Sharma, Mr. R.R. Rajesh, Ms. Saudamini Sharma, Mr. S. Wasim A. Qadri, Mr. Jubair Ahmad Khan, Mr. Zaid Ali, Mr. Tamim Qadri, Mr. Saeed Qadri, Mr. G.S. Makker, Mr. Arun Kumar, Ms. Aishi Singh.

ORDER :

1. Subsequent to our order dated 10th August, 2018, the Committee has looked into the suggestions made to the Victim Compensation Scheme and now finally the Guidelines have been placed before us under the heading of NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes-2018.

2. It has been brought to our notice that as far as children are concerned, no Scheme of this nature has been framed with regard to the victims of sexual abuse under the provisions of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”).

3. Section 33 of the POCSO Act deals with the procedure and powers of the Special Courts. Our attention has been drawn to Section 33(8) of the POCSO Act. This reads as follows:

“(8) In appropriate cases, the Special Court, may in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.”

4. Section 45 of the POCSO Act deals with the rule making power and it refers, inter-alia, to the payment of compensation under sub-section (8) of Section 33 of the POCSO Act.

5. Our attention has a

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2018 Supreme(SC) 1701

MADAN B.LOKUR, S.ABDUL NAZEER, DEEPAK GUPTANipun Saxena – AppellantVersusUnion of India – Respondent

MADAN B.LOKUR, S.ABDUL NAZEER, DEEPAK GUPTA
Nipun Saxena – Appellant
Versus
Union of India – Respondent