High Court emphasizes the necessity of victim's presence during bail hearings in cases of heinous crimes, sets a precedent for victim's rights.
In a significant ruling, the Delhi High Court has set aside a bail order granted to an accused in a rape case, highlighting the victim's right to be heard during bail proceedings. The decision, delivered by Justice Saurabh Banerjee, underscores the importance of the prosecutrix's participation at all stages of criminal proceedings, particularly during the hearing of bail applications.
The case involved Ms. G, the prosecutrix, who challenged the order of the Additional Sessions Judge, Karkardooma Courts, Delhi, which had granted bail to the accused merely three days post-arrest. The bail was granted without providing Ms. G the opportunity to be present and heard, a procedural lapse that the High Court found untenable.
The High Court referred to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which aligns with Section 439(1A) of the Criminal Procedure Code, 1973, mandating the presence of the victim during bail hearings in cases of serious offenses, including rape. The court drew on precedents set by the Supreme Court in cases such as Jagjeet Singh v. Ashish Mishra and Ms. X v. State of Maharashtra, which reinforced the victim's right to be heard as a substantive and enforceable right.
Justice Banerjee noted that the mere presence of the State does not substitute for the hearing of the victim. The judgment emphasized that victims have participatory rights from the investigation stage till the conclusion of proceedings, including bail hearings. The court remanded the matter back to the Trial Court for a fresh hearing, directing that the prosecutrix be given an opportunity to be heard.
The order has been set aside on the grounds of procedural fairness, without delving into the merits of the case. The accused, however, will not be re-arrested until the Trial Court's fresh adjudication. This judgment is a step forward in ensuring that victims' voices are heard in the criminal justice process, particularly in cases involving heinous crimes.
Bottom Line :
Bail - Cancellation/setting aside of bail order - In rape case, prosecutrix/victim has a substantive and enforceable right to be heard at the stage of bail - Presence of State is not a substitute for hearing the victim - Bail granted without affording opportunity of hearing to prosecutrix liable to be set aside and matter remanded for fresh consideration.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Section 69, Indian Penal Code, 1860 Section 376, Criminal Procedure Code, 1973 Section 439(1A).
Ms G v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2987470
