Home Legal News [POCSO] Trial Courts Cannot Grant Bail In POCSO Cases In The Absence of Complainant: Delhi HC Reiterates

[POCSO] Trial Courts Cannot Grant Bail In POCSO Cases In The Absence of Complainant: Delhi HC Reiterates

by Shreya
Delhi HC

The Delhi High Court has directed the Registrar General to circulate the Practice Direction dated 24/09/19 as well as the orders of this court in the case of Reena Jha v. Union of India, to all the District & Sessions Courts in order to ensure compliance of these directions by the criminal courts.

The order has been passed by the Single Bench of Justice Brijesh Sethi in a plea challenging the grant of interim bail accused under POCSO by the Sessions Court to a person under section 376 of the IPC and section 4 of the POCSO Act.

Also Read: Supreme Court refuses to decide on interim bail for former Congress leader Sajjan Kumar who was involved in 1984 Anti-Sikh Riots

These directions mandates that the presence of the informant or any person authorized, shall be obligatory at the time of hearing of the application for bail to the person under Sections 376/ 376(3)/ 376-AB/ 376-DA and 376-DB IPC.

Appearing for the Petitioner, Ms Tara Narula submitted that the Sessions Court order is bad in law as the same has been passed without issuance of notice to the complainant of FIR and thereby, denying the opportunity of hearing.

It was argued by the Petitioner that in utter violation of the aforesaid directions, District Courts at Delhi are passing bail orders without adhering to the mandatory requirement of issuance of notice to the complainant/ first informant or authorized person in the first instance.

The Petitioner higlighting POCSO case further submitted,

The trial court has passed the impugned order ignoring the fact that the victim and her family are living in the vicinity of the accused and enlargement of accused on interim bail is a threat to their lives.

Appearing for the state, Ms Meenakshi Dahiya submitted that these directions are already being followed in both the letter and spirit, and the same will also be brought to the notice of Investigating Officers to ensure strict compliance.

The court also directed the Registrar General to ensure that the name of the judicial officer against whose order the present petition has been filed, does not figure anywhere while circulating the directions.

The court has also directed  the number of the Beat Constable, W/ASI, Division Officer as well as of SHO to be provided to the Petitioner to protect the complainant.

Read the petition here:

Related Articles

Leave a Comment

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More

× Chat with us on WhatsApp