NO VISIBLE INJURY, NO DENIAL OF JUSTICE: ALLAHABAD HIGH COURT ORDERS ₹4 LAKH RELIEF FOR MINOR POCSO SURVIVOR
October 23, 2026
The Allahabad High Court has reaffirmed that the absence of visible physical injuries cannot be used as a ground to deny financial compensation to a survivor of sexual assault. In a significant ruling concerning a minor girl covered under the Protection of Children from Sexual Offences (POCSO) Act, the court directed the Uttar Pradesh government to provide a total of ₹4 lakh in relief after authorities rejected her compensation claim on medical grounds.
A division bench comprising Justices Shekhar B. Saraf and Amitabh Kumar Rai criticised the decision of the District Steering Committee, which had rejected the survivor's claim because her medical examination did not reveal injuries indicative of penetrative sexual assault. The committee had taken the decision on March 11, 2026, despite the case proceeding under the relevant provisions of the POCSO Act.
The High Court held that compensation under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, cannot be withheld merely because an injury report does not record physical evidence of penetrative assault. The bench emphasised that the absence of injuries does not, by itself, invalidate a survivor's entitlement to compensation under the applicable scheme.
The court also expressed concern over repeated instances in which district-level committees had rejected applications on grounds it considered legally unfounded and contrary to the High Court's directions. It observed that such committees could not assume the role of a trial court or independently contradict the implications of the criminal proceedings simply because the medical report did not establish the presence of particular injuries.
Under the compensation scheme, eligible victims of offences covered by Section 4 of the POCSO Act are entitled to financial assistance amounting to ₹3 lakh. The provisions stipulate that ₹1 lakh should be paid within 15 days of the registration of the First Information Report, followed by ₹2 lakh within one month of the filing of the charge sheet.
The bench noted that the survivor had not received the financial assistance due to her, expressing dismay that not a single rupee had been paid despite the applicable provisions. It directed the authorities to pay ₹3 lakh under the scheme, along with an additional ₹1 lakh in compensation, within seven days.
The ruling reinforces an important principle in the treatment of sexual assault survivors: the absence of physical injuries cannot automatically be treated as proof that an assault did not occur. By rejecting the administrative committee's reasoning, the High Court underscored that compensation provisions must be interpreted in a manner that protects victims rather than imposing unsupported barriers to relief.
The decision also places renewed emphasis on the responsibility of government authorities to implement victim-compensation schemes promptly and in accordance with the law, particularly when children are involved. For survivors and their families, timely financial assistance can be an essential component of support following the trauma of sexual violence.
The judgment sends a clear message to the authorities in Uttar Pradesh that compensation claims must be assessed according to the governing legal framework, not rejected solely because a medical examination fails to record visible injuries.
