High Court lays down procedure to recover money in settled rape cases
New Delhi: The Delhi High Court has laid down detailed guidelines to regulate the recovery of compensation paid to survivors of sexual offences in cases where criminal proceedings are later quashed due to compromise or where the complainant withdraws allegations during trial. The directions were issued by Justice Swarana Kanta Sharma in an order dated December 15, while dealing with a matter in which a woman had retracted allegations of sexual assault against three accused persons.
The court noted a recurring problem in the absence of a clear mechanism for recovering compensation once paid under the Victim Compensation Scheme. It observed that in several cases, interim or final compensation is granted soon after registration of an FIR, but when proceedings are subsequently quashed on the basis of settlement, or the victim turns hostile and completely resiles from her earlier statements, recovery of such amounts does not take place.
To address this gap, the High Court directed that all petitions filed before it seeking quashing of FIRs or criminal proceedings in sexual offence cases on the basis of compromise must mandatorily disclose whether the complainant has received compensation under the Victim Compensation Scheme.
The court further held that in cases where compensation has already been awarded, trial courts must forward copies of relevant orders and records to the Delhi State Legal Services Authority (DSLSA). This would enable the DSLSA to examine whether recovery proceedings should be initiated in accordance with law. Such action would be required where criminal proceedings are quashed due to settlement, or where the victim turns hostile, withdraws allegations, or fully exonerates the accused during trial. Justice Sharma also pointed out that DSLSA often does not receive information regarding quashing of FIRs in cases registered under provisions such as Section 376 of the IPC or the POCSO Act, particularly when such quashing is based on compromise. This lack of communication, the court noted, prevents authorities from reviewing whether compensation granted in such cases ought to be recovered.
The court stressed safeguarding the integrity of the compensation framework, warning that retention of funds when allegations are withdrawn could misuse public money and erode trust in welfare schemes for genuine sexual violence survivors. Based on the 2018 Delhi Victim Compensation Scheme and DSLSA SOP, the High Court noted a rising trend of complainants withdrawing cases, cautioning this could undermine justice.
