Can sexual offence victim be made party in accused's bail appeal, asks HC

Delhi HC has asked its registry to inform it about any existing court ruling or practice directions requiring impleadment of a victim or informant in bail pleas or appeals in cases of sexual offences

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The Delhi High Court has asked its registry to inform it about any existing court ruling or practice directions requiring the impleadment of a victim or informant in bail pleas or appeals in cases of sexual offences.

The high court asked the registry to file its response and answer the query in light of the fact that the identity of the victim or prosecutrix is supposed to be protected and kept confidential in all such proceedings.

... section 439(1-A) of the CrPC and practice directions dated September 24, 2019 issued by the Delhi High Court only require that the victim/ informant or any person authorised be heard at the time of hearing of a bail application for certain offences.

Let a report be filed in response to the query, before the next date, Justice Anup Jairam Bhambhani said while listing the matter for further hearing on January 6, 2023.

The high court was hearing a bail application by a man, accused of sexually assaulting a minor girl this year.

The case was lodged against him under the provisions of Indian Penal Code (IPC) and the Protection of Children from Sexual offences Act (POCSO) at Jaitpur Police Station here.

The court issued a notice to the state and asked it to file a status report on the bail plea. It also called for an updated nominal roll requisitioned from the Jail Superintendent.

The high court also directed the investigating officer to inform the complainant that her presence is required at the hearing of the bail application on the next date.

On the court's query, the man's counsel said he was specifically asked by the registry to make the victim or prosecutrix a party-respondent in the matter which is why the girl has been impleaded in the matter.

In the circumstances, the Registrar (Filing) is directed to inform this court as to whether there is any ruling by any court or any practice directions issued, requiring the impleadment of a victim/ prosecutrix/ informant as a respondent (even if anonymised) in bail applications or criminal appeals relating to sexual offences under the IPC or the POCSO Act, the high court said.

In the meantime, the court asked the petitioner to delete the girl's name from the list of parties and file an amended memo of parties.