Presence ofPOCSOvictims during bail hearings has adverse impact on their psyche: Delhi HC

Delhi HC lays down guidelines to shield POCSO survivors during bail hearings

Delhi High Court

The Delhi High Court has reminded the judicial officers, public prosecutors and the police to be mindful of the “adverse impact on the psyche” of child victims of sexual offences when insisting for appearance of the victim in the court at the time of arguments.

“The psychological impact on a POCSO [The Protection of Children from Sexual Offences Act] victim being present in the court during the arguments is grave as there are allegations, accusations, doubting the integrity, character, etc. of the prosecutrix, her family, etc.,” Justice Jasmeet Singh said in a recent order.

The judge’s observation came after the Delhi State Legal Service Authority brought up the issue of several victims in POCSO cases being asked to appear physically or virtually in court at the time of hearing bail applications of the accused.

The DSLSA said this has led to a situation where the victims were being forced not only to potentially interact with the accused person but also be present in the court when arguments regarding the offence were taken up for hearing.

Reliving incident

Taking note of the issue, the High Court said that it would be in the interest of the victim that she is not traumatised again and again by reliving the said incident by being present during the court proceedings.

“The presence of the prosecutrix victim in the court at the time of arguments, according to me, has an adverse impact on the psyche of the prosecutrix. The prosecutrix is forced to be present in the court with the accused, who is the same person who has allegedly violated her,” the High Court said.

The court, which was hearing an appeal by an accused in a case of sexual assault on a minor girl, sought suggestion from the counsel of the accused and DSLSA’s Secretary (Litigation) Harshita Mishra to help in reducing the trauma of POCSO victims.

The suggestions was accepted by the court which directed that during bail hearings of a POCSO case, they should be adhered to.

According to the guidelines, the victim can be produced virtually before the court, either by the investigating officer (IO) or support person, or by taking assistance of the District Legal Services Authority.

Safeguard rights

The guidelines also suggested that hybrid form of hearing of bail applications would suitably address the concerns of the victim while safeguarding the rights of the accused, and they shall not come face to face. This can prevent the re-traumatisation of the victim, the guidelines said.

If an alleged victim gives in writing that her counsel or parent or guardian or support person shall appear on her behalf and make submissions on the bail application, insistence on her physical or virtual presence should not be made, the guidelines said.

While recording the statement of the victim during the bail application of the accused, appropriate questions may be put to the victim to elicit her responses instead of bluntly asking her “Do you want bail to be given to the accused or not?” the guidelines said.

“Rather questions can be put to her to ascertain what her apprehensions and fears are in case the accused is granted bail in the matter...,” the guidelines suggested.