Lok Sabha Question No. 4736 (UNSTARRED), answered on 2026-03-20
Subject: Jurisdiction of Special Courts under the POCSO Act
Ministry: LAW AND JUSTICE
Asked by: Shri Balwant Baswant Wankhade

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 4736 TO BE ANSWERED ON FRIDAY, THE 20 TH  MARCH, 2026

## JURISDICTION OF SPECIAL COURTS UNDER THE POCSO ACT

## 4736. SHRI BALWANT BASWANT WANKHADE:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the power of the Special Court to award compensation to child victims under Section 33(8)  of  the  Protection  of  Children  from  Sexual  Offences  (POCSO)  Act,  2012  is  an  exclusive statutory jurisdiction conferred by Parliament and whether it can be substituted by any authority not envisaged under the Act;

(b) whether the Government considers State schemes that vest such compensatory powers in Statelevel committees or authorities, in place of the Special Court, to be legally permissible;

- (c) if so, whether such substitution amounts to repugnancy with the Central law under Article 254 of the Constitution and if not, the legal basis therefor;
- (d)  whether  any  legal  opinion  has  been  sought  on  the  validity  of  curtailing  the  Special  Court's jurisdiction through executive or subordinate legislation; and
- (e) the steps proposed to ensure that State compensation mechanisms operate only as a supplement to and not in derogation of the jurisdiction of the Special Courts under POCSO?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a) to (e): The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is a special legislation  enacted  by  Parliament  to  protect  children  from  offences  of  sexual  assault,  sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. Section 33(8) of the Act provides that the Special Court may direct payment of compensation to the child for any physical or mental trauma or for immediate rehabilitation. Further, the Protection of Children from Sexual Offences Rules, 2020,

provide  the  procedure  and  factors  relating  to  the  loss  or  injury  caused  to  the  victim  for  grant  of compensation to child victims.

In  addition,  compensation  to  victim  is  also  provided  under  Section  357A  of  the  Code  of Criminal Procedure, 1973 (now Section 396 under the Bharatiya Nagarik Suraksha Sanhita, 2023) through Victim Compensation Schemes implemented by the State/UTs in coordination with the State Legal Service Authorities.

The Protection of Children from Sexual Offences Act, 2012 and Section 357A of the Code of Criminal Procedure, 1973 together provide for compensation to victims through judicial orders as well as through Victim Compensation Schemes implemented by States/UTs.

Compensation can be given under different state's schemes also. This will be in addition to compensation given by Special Court. However, power of Special Court cannot be taken away by state government or schemes as the Prevention of Children from Sexual Offences is a central Act.

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