Legal provisions involved: Delhi Victim Compensation Scheme, 2018; Section 164, CrPC; Standard Operating Procedure of Delhi State Legal Services Authority

Judgement by: Delhi High Court

Judge/Bench: Justice Swarana Kanta Sharma

Facts

The State of Delhi challenged a trial court order that discharged accused in a sexual assault case after the victim said the act was consensual and withdrew her complaint. The court noticed that it is common for victims to receive interim compensation soon after filing FIRs but later retract allegations, settle disputes, or turn hostile, without any system to recover the money given.

Key points

Delhi Victim Compensation Scheme, 2018

Section 164 of CrPC (now Section of 183 BNSS, 2023)

Issues

How to ensure victim compensation is not misused when sexual assault allegations are later withdrawn or compromised?

Arguments

The State said that compensation given in such cases should be recovered to avoid misuse. The court also looked at whether the trial court properly handled the discharge of the accused.

Judgement

The court upheld the discharge of the accused as the victim’s statements were clear and voluntary. It issued directions that trial courts must inform the Delhi State Legal Services Authority about cases where compensation was granted but the complaint is withdrawn, settled, or the victim turns hostile. All petitions seeking to quash FIRs must also disclose any compensation received. The guidelines aim to protect public funds and maintain trust in the victim compensation system.

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