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Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared
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the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam.
Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?a)Anita.b)Her parentsc)The attorney fighting on her behalf.d)All of them.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.