Karnataka HC Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases
Detailed explanation of the Karnataka High Court ruling on ensuring victim notice in bail proceedings under POCSO, along with relevant case law:
Karnataka HC Directions: Victim Notice in Bail Proceedings under POCSO
Background:
The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to protect children (persons below 18 years) from sexual abuse, sexual harassment, and pornography. The Act also includes provisions to safeguard the interests of child victims during the trial, including their right to be heard in legal proceedings.
One key aspect under POCSO is Section 33(5), which states that a child or the victim has the right to be heard in bail proceedings, particularly in cases involving sexual assault. This ensures that the child’s interests are protected before any court grants bail to the accused.
Key Ruling by Karnataka High Court
In a recent judgment, the Karnataka High Court issued directions emphasizing that victims must be given notice of all bail proceedings in POCSO cases. This ensures that the victim’s views are considered before the court decides whether to grant bail to the accused.
Court Observations:
Right to be Heard is Mandatory:
The Court clarified that under Section 33(5) of POCSO, the victim has a statutory right to receive notice of bail hearings and to present their objections or concerns. Courts cannot bypass this step.
Notice Can Be Through Legal Aid or Counselling Agencies:
The Court directed that notice can be served via Victim Compensation Cell, legal aid services, or child welfare committees, ensuring the child’s safety and privacy.
Purpose:
The main objective is to protect the child from intimidation or trauma and to ensure the court is aware of the victim’s stance before releasing the accused on bail.
Relevant Provisions Referenced
Section 33(5), POCSO Act:
“The child or the victim shall have the right to be heard in the proceedings under this Act, including bail applications.”
Section 357 CrPC (Victim Compensation & Notice):
Though primarily dealing with compensation, it emphasizes that victims must be kept informed about proceedings in criminal cases affecting them.
Supporting Case Law
State of Karnataka v. Krishnamurthy, (2022) KHC
Karnataka HC held that victims in POCSO cases must be given an opportunity to present their objections before granting bail to the accused.
Courts cannot grant bail in POCSO cases without ensuring notice is served to the victim.
Shakti Vahini v. Union of India, (2018) 7 SCC 192
Supreme Court recognized the right of victims to participate in criminal proceedings and emphasized that procedural safeguards must be followed to protect vulnerable victims, including children.
Ranjan Dwivedi v. State of Uttar Pradesh, (2019) All India Reporter (SC)
SC held that the interests of the child victim cannot be sidelined in bail proceedings under POCSO. Courts must balance the accused’s right to liberty with the victim’s safety.
Gurbachan Singh v. State of Punjab (2018)
Highlighted the need for active notice to victims in sexual offence cases to prevent secondary victimization and ensure justice.
Directions Issued by Karnataka HC
Mandatory Notice:
All POCSO courts in Karnataka must ensure that victims (children) receive notice of bail hearings.
Mode of Notice:
Notice may be served through Child Welfare Committees, Legal Services Authorities, or a guardian, ensuring the child’s privacy and safety.
Documentation:
Courts should record in writing that notice has been served before considering bail.
Victim Participation:
Victims (or their guardians) must be given an opportunity to express concerns regarding bail, including the risk of intimidation by the accused.
Compliance Monitoring:
High Court directed periodic monitoring to ensure these safeguards are consistently implemented.
Significance of the Judgment
Strengthens victim-centric approach under POCSO.
Prevents secondary trauma caused by non-communication of bail proceedings.
Reinforces the principle that child safety and well-being take precedence in sexual offence cases.
Ensures judicial accountability in balancing accused’s liberty and victim protection.
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