Court directs state authorities to ensure comprehensive care, interim compensation, legal aid, and psychological support to sexual offence survivor under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment delivered on October 13, 2026, the Madhya Pradesh High Court (Indore Bench) dismissed the fourth bail application of the accused, Harisingh, implicated in a grave case involving offences under Sections 365, 376, 376(D), 376(2)(L), and 34 of the Indian Penal Code, alongside Section 92(D) of the Rights of Persons with Disabilities Act, 2016. The accused has been in custody since March 23, 2024.
The court meticulously examined the case diary and reports from the trial court and District Legal Services Authority, which revealed that the prosecutrix was presently unable to depose due to her fragile condition requiring ongoing medical and psychological treatment. The DNA report dated July 25, 2024, positively linked the accused to the crime, reinforcing the court's decision to deny bail.
Justice Gajendra Singh underscored that no compelling grounds existed to grant bail given the seriousness of the offences and the evidentiary support against the applicant. Importantly, the court took the opportunity to highlight the statutory obligations of the state and medical authorities under Section 397 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates free and immediate medical treatment, including first aid, for victims of sexual offences in both government and private hospitals.
The court issued comprehensive directions to the authorities concerned:
1. The Secretary of the District Legal Services Authority, Mandsaur, was directed to ensure the provision of interim compensation to the victim if not already disbursed, recognizing the victim's entitlement under the government scheme.
2. The District Legal Services Authority must provide competent and experienced legal counsel to assist the victim and her family throughout the trial and related proceedings, safeguarding her legal rights effectively.
3. Duty holders, including medical and health officers, are mandated to guarantee continuous medical, psychological, and counseling support to the victim, along with necessary transportation facilities to facilitate her presence before the trial court for recording statements.
4. The Additional Chief Secretary of the Department of Medical Education, Government of Madhya Pradesh, was instructed to ensure statewide compliance with Section 397 of BNSS, 2023. This includes directing District Magistrates, Chief Medical and Health Officers, private hospitals, and diagnostic centers to adhere strictly to the statutory requirements of providing free treatment and care to sexual offence victims.
The court expressed concern over observed non-compliance with these statutory mandates in other cases, cautioning that any failure to provide timely treatment or compensation could amount to "second victimization," adversely affecting the survivor's psychological well-being and potentially attracting liability for the defaulting authorities.
This judgment not only reaffirms the judiciary's firm stance against granting bail in heinous sexual offences where evidence is strong but also robustly enforces the statutory rights of victims under the BNSS, 2023, particularly emphasizing holistic victim support encompassing medical, legal, psychological, and rehabilitative assistance.
The order has been communicated to the trial court, Additional Chief Secretary of Medical Education Department, District Legal Services Authority, and local police authorities for strict compliance and immediate implementation.
Bottom Line:
Bail in rape and gang-rape case declined where DNA report was positive and prosecutrix was not in a condition to depose; Court further emphasized mandatory free medical treatment, interim compensation, psychological care, legal assistance and rehabilitation of sexual offence victim under Section 397 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Statutory provision(s):
Sections 365, 376, 376(D), 376(2)(L), 34 IPC, Section 92(D) of the Rights of Persons with Disabilities Act, 2016, Sections 397, 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; Section 439 of Cr.P.C.
Harisingh v. State of Madhya Pradesh, (MP)(Indore) : Law Finder Doc Id # 3000481
