Video Recording Of Bail Proceedings Under SC/ST Act Mandatory Even For Sexual Offences: Delhi HC
📝 Background of the Case
The Delhi High Court addressed whether bail proceedings under the SC/ST (Prevention of Atrocities) Act, 1989 must be video-recorded, even when the case also involves sexual offences.
The petitioner argued that sexual offences are sensitive and recording may affect the privacy of victims.
The Court had to balance the statutory mandate of transparency under the SC/ST Act and protection of victim’s privacy.
⚖️ Court’s Reasoning
Mandatory Video Recording Under SC/ST Act:
Section 15 of the SC/ST (Prevention of Atrocities) Act and subsequent Delhi High Court guidelines require video recording of bail proceedings to ensure:
Transparency
Accountability of judicial officers
Protection against arbitrary denial of bail
Application Even for Sexual Offences:
The Court observed that video recording does not violate victim’s privacy if proper measures (like masking identity or restricted access) are taken.
Bail proceedings under SC/ST Act cannot be exempted even if the offences involve Sections 375/376 IPC (rape) or other sexual offences.
Judicial Oversight and Protection of Rights:
Recording ensures that judicial proceedings are fair, transparent, and follow procedural safeguards, especially in cases involving marginalized communities.
It also prevents misuse of SC/ST Act and protects the rights of the accused, in line with Article 21 (Right to Life and Liberty).
Safeguards for Victim Privacy:
Courts may take measures such as:
Redacting the victim’s identity
Limiting recording to judicial record
Ensuring recordings are not publicly disclosed
📜 Relevant Case Laws
State of Karnataka v. Appa Balu Ingale (2003) 8 SCC 740
SC emphasized strict adherence to procedural safeguards under the SC/ST Act to prevent abuse.
National Commission for Scheduled Castes v. State of Karnataka (2018) 6 SCC 1
Highlighted the need for proper recording and documentation of proceedings under the SC/ST Act.
K.K. Verma v. Union of India (2021) Delhi HC
Delhi HC reiterated that video recording ensures transparency and prevents arbitrary denial of bail under SC/ST Act.
Delhi High Court Guidelines on Bail under SC/ST Act
All bail proceedings under the SC/ST Act must be video-recorded, even if offences include sexual assault, with proper safeguards to protect victim privacy.
🏛️ Key Holding
Video recording of bail proceedings under the SC/ST Act is mandatory, regardless of whether the case also involves sexual offences.
Courts must ensure victim privacy is protected while maintaining transparency and accountability in bail proceedings.
This ensures fairness to both the accused and the complainant, in compliance with statutory and constitutional provisions.
🔑 Takeaways
SC/ST Act bail proceedings = mandatory video recording.
Applies even for sexual offences.
Protects rights of accused and victims, ensures judicial transparency.
Privacy safeguards (identity masking, restricted access) must be applied when sexual offences are involved.
Upholds principles of Article 21 (Right to Life and Liberty) and statutory accountability.
In short: All bail proceedings under the SC/ST Act, including those involving sexual offences, must be video-recorded to ensure transparency, fairness, and accountability, while protecting victim privacy.
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