Delhi High Court Directs Registry To Ensure Confidentiality Of Victims Of Sexual Offences

Directing the Registry to “carefully scrutinise” all the filings relating to sexual offences, Justice Anup Jairam Bhambhani said that the name, parentage, address, social media credentials and photographs of the prosecutrix or victim must not be disclosed, including in the memo of parties.

The court passed the order while holding that there is no requirement in law to implead the victim of sexual offences as a party to any criminal proceedings instituted by the State or the accused.

“Though the identifying particulars would not appear in the cause-list, by way of abundant caution, the Registry must ensure that such particulars do not get reflected in the cause-list of the court in any manner,” the court said.

It added that the name, parentage and address of family members of the victim must also not be disclosed in the filings, even if they are accused in the case, since it may indirectly lead to the identification of the prosecutrix or victim.

“Since redaction of the identifying particulars of the prosecutrix/victim/survivor from the FIR, chargesheet, proceedings before the trial court and other similar records, is the duty and obligation of the authorities/court that prepare such documents; and insofar as the proceedings before this court are concerned, making complete redaction in each of those documents may not be feasible, it is also directed that the files/paper-books/e-portfolio of matters relating to sexual offences filed in this court must not be provided to any person other than the parties to the litigation, to the prosecutrix/victim/survivor and their respective counsel, after due verification of the identity credentials of such persons,” the court added.

The court said that if the Registry finds that the identity credentials of prosecutrix or victim are disclosed, the filings must be returned to counsel to undertake requisite redactions, before they are accepted.

The court also directed that the files or paper-books of matters relating to sexual offences filed in the High Court must not be provided to any person other than the parties to the litigation, after due verification of the identity credentials of such persons.

“To obviate the dissemination of identifying particulars to any other person or agency even within the High Court, it is further directed that all service to be effected upon the prosecutrix/victim/survivor shall only be through the Investigating Officer in accordance with Practice Directions dated 24.09.2019 and not through the process serving agency, though a copy of the petition or application must be served upon the prosecutrix/victim/survivor,” the court added.

It further directed the Investigating Officers in such matters to remain in plain clothes so as to avoid any “unwarranted attention” in effecting the service on the prosecutrix or victim.

“Furthermore, the Investigating Officer must also inform the prosecutrix/victim/survivor that they have the right to free legal-aid/representation in accordance with the mandate of the Supreme Court in Delhi Domestic Working Women's Forum vs. Union of India & Ors,” the court ordered.

The court was dealing with a bail plea moved by an accused who is in custody in an FIR registered under Section 376 of IPC and Section 4 of the POCSO Act.

Justice Bhambhani had appointed Senior Advocate Rebecca John as amicus curiae in January to decide if the requirement of giving intimation to a victim or complainant of sexual offences under IPC and POCSO Act, also requires impleadment of such person as a party to a bail plea or appeal.

Also Read: Victim Of Sexual Offences Has Right To Be Heard At Every Stage But No Requirement In Law To Implead Her As Party Respondent: Delhi High Court

Title: SALEEM v. THE STATE OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 325

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