Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify

The Delhi High Court has asked its Registry to clarify whether there is any judicial decision or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or POCSO Act.

Justice Anup Jairam Bhambhani said the identity of victim or prosecutrix is supposed to be protected and kept confidential in all such proceedings. The court also said Section 439(1-A) of the CrPC and practice directions dated September 24, 2019 which only require that victim or informant or any person authorized "be heard" at the time of hearing of a bail application for certain offences."

"Let a report be filed in response to the query, before the next date," the court said while listing the matter for hearing next on January 16, 2023.

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.

While issuing notice in the plea, the court said that an intimation under section 439(1-A) of CrPC, read with the practice directions, be sent by IO to the complainant, informing her that her presence is required at the hearing of the bail plea on the next date.

On court's query, the counsel appearing for the accused submitted that he was specifically asked by the Registry to make the victim or prosecutrix a party-respondent in the matter, after which she was impleaded as a party.

While seeking the stand of Registry, Justice Bhambhani directed the petitioner to delete the victim from the array of parties.

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

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