Guwahati: In a significant development aimed at streamlining the handling of criminal appeals, revisions, and petitions related to the Protection of Children from Sexual Offences (POCSO) Act and Section 439(1A) of the Criminal Procedure Code (CrPC), the Gauhati High Court in Assam has issued a slew of directions.
These guidelines, designed to safeguard the rights of victims and ensure proper notification to relevant parties, were unveiled to address concerns regarding cases involving aggravated sexual offenses under Sections 376, 376-A, 376-DA, and 376-DB of the Indian Penal Code (IPC).
According to the new directives, before granting bail in cases falling under the aforementioned sections, the High Court or Court of Session must notify the Public Prosecutor within a strict timeline of 15 days upon receiving the bail application.
Furthermore, it mandates that the Investigating Officer (IO) must communicate in writing to the informant or their authorized representative regarding their right to be present during the bail hearing. This communication, adhering to the prescribed format (“Annexure A”), should accompany the reply or status report on the bail application. The court is committed to ensuring the presence of the informant or authorized representative during the proceedings.
Additionally, the Registry is tasked with serving a copy of the bail application, appeal, revision, or petition to the Public Prosecutor, who is then responsible for forwarding it to the IO or Officer-in-Charge of the relevant police station. These officers are subsequently obligated to inform the victim, guardian, or support person about the proceedings before the High Court.
Crucially, the new guidelines stipulate that the victim, guardian, or support person must be included as a party in every such application or petition filed in the High Court. However, the court will strictly adhere to the guidelines outlined in Section 33(7) of the POCSO Act to protect the identity of the victim. A formal notice will be issued to the impleaded party through the IO or Officer-in-Charge.
Moreover, the notice to the victim, guardian, or support person will also highlight the availability of free legal aid counsel if they are unable to secure their legal representation.
These directives are effective immediately, marking a proactive step by the Gauhati High Court to enhance procedural fairness and protection for victims in POCSO-related cases.
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