Gauhati High Court Issues Notification Adopting Practise Directions For Proceedings Initiated Under POCSO Act

The Gauhati High Court recently issued a notification to adopt the practice directions for the proceedings in Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act, 2012 in the High Court and its Outlying Benches.

This move by the High Court came in pursuance to an order dated June 23, 2023 in the case of Dipak Nayak v. The State of Assam & Ors. wherein a divison bench of Gauhati High Court noted that it is inclined to adopt the Practice Directions dated September 24, 2019, formulated by a division bench of Delhi High Court in Reena Jha and Another v. Union of India and Others (2020) while directing that the same shall  apply to the offences under POCSO Act.

The notification issued by Gauhati High Court provides for the adoption of following practices with immediate effect in proceedings under POCSO Act:

1. Before granting bail to a person who is accused of an offence triable under Section 376 (3) or Section 376-AB or Section 376-DA or Section 376-DB of the IPC, the High Court or the Court of Session shall give notice of the application for bail to the Public Prosecutor (P.P.) within a period of fifteen days from the date of receipt of the notice of such application; and
2. The Courts shall ensure that the Investigating Officer (I.O.) has, in writing as per “Annexure A” of the notified practices, communicated to the informant or any person authorized by her that her presence is obligatory at the time of hearing of the application for bail to the person under Section 376 (3) or Section 376-AB or Section 376-DA or Section 376-DB of the IPC. “Annexure A” shall be filed by the I.O. along witlt the Reply/Status Report to such bail application and the Courts shall malre all endeavour to ensure presence of the informant or any person authorized by her.
3. In every Bail Application/Criminal Appeal/Criminal Revision/Criminal Petition arising from cases involving offences under the POCSO Act and those covered by Section 439 (1A) CrPC; the Registry shall:

(i) Serve a copy of such Bail Application/Criminal Appeal/Criminal Revision/Criminal Petition to the P.P. concerned who, in turn, shall forward the same to the I.O. concerned, or the Officer-in-Charge of the concerned Police Station, through email and also as a hard copy requiring the officer(s) to apprise the victim/guardian/support person regarding filing of such proceedings before the High Court.

(ii) In every such Bail Application/Criminal Appeal/Criminal Revision/Criminal Petition filed in the High Court, it shall be mandatory to implead the victim/guardian/support person, as the case may be. 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/Criminal Revision/ Criminal 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(s) to get the notice served.

(iii) 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.

Click Here To Read/Download Notification