Guwahati, Mar 21: The Gauhati High Court has issued a set of practice directions in courts, aimed at streamlining the handling of criminal appeals, revisions and petitions pertaining to cases under Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 439(1A) of the Criminal Procedure Code (CrPC).
The new directions have been put in place to safeguard the rights of victims and ensure appropriate notification to pertinent parties.
According to the practice directions, before granting bail to a person who is accused of an offence triable under sub-Section (3) of Section 376 or Section 376-AB or Section 376-DA or Section 376-DB of the Indian Penal Code, the High Court or the Court of Session shall give notice of the application for bail to the public prosecutor within 15 days from the date of receipt of the notice of such application.
The Courts shall have to ensure that the investigating officer provides written communication to the informant or their designated representative regarding their right to be present during the bail hearing. Such correspondence, in the format specified (“Annexure A”), will have to be sent with the bail application reply or status report.
The Courts shall have to make all endeavour to ensure presence of the informant or the authorised representative during the proceedings.
The directives stipulated that for every bail application/criminal appeal/revision/petition, arising from cases involving offences under the POCSO Act and those covered by Section 439 (1A) CrPC; the registry shall serve a copy of such bail application/criminal appeal/revision/ petition to the public prosecutor concerned who, in turn, will forward the same to the investigating officer concerned, or the officer-in-charge of the concerned police station, through email and also as a hard copy requiring the officer to apprise the victim/guardian/ support person regarding filing of such proceedings before the High Court.
Furthermore, in every such bail application/criminal appeal/ revision/ petition filed in the High Court, it shall be mandatory to implead the victim/guardian/support person.
“While making such impleadment, identity of the victim shall be properly screened strictly adhering to the mandate of Section 33(7) of the POCSO Act. Upon impleadment of the victim/guardian/ support person in the bail application/criminal appeal/ revision/petition, as the case may be, formal notice shall be issued to such victim/guardian/support person through the investigating officer/officer-in-charge of the concerned police station. It shall be the responsibility of the officer to get the notice served,” the guidelines stipulated.
Besides, as per the guidelines, the notice issued to the victim/guardian/ support person shall also contain a stipulation that in case he/she is unable to engage a counsel of choice, services of free legal aid counsel shall be provided to represent him/her in the proceedings filed before the High Court.