Court emphasizes minimizing court appearances for child victims and endorses video-conferencing to prevent trauma and re-victimization.
In a landmark judgment, the Delhi High Court has issued directives to reinforce child-friendly procedures under the Protection of Children from Sexual Offences (POCSO) Act, emphasizing the need to minimize the repeated summoning of child victims to court, which can exacerbate their trauma. Presided over by Dr. Swarana Kanta Sharma, J., the Court has set aside bailable warrants against a minor victim and laid out comprehensive guidelines aimed at protecting the mental and emotional well-being of child witnesses during trial proceedings.
The case involved a petition by three minor girls who were victims of alleged sexual abuse. The Court criticized the repeated summoning of these minors, which resulted in their distress and trauma. It highlighted that such practices are contrary to the legislative safeguards intended under the POCSO Act, which mandates child-friendly procedures to ensure that child victims are not subjected to re-traumatization.
The High Court underscored the importance of recording evidence through video-conferencing and other protective arrangements, as envisaged by the POCSO Act and the Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024. It reaffirmed that technological means should be employed to record testimonies without compromising the rights of the accused, thereby ensuring a fair trial while protecting vulnerable witnesses.
The Court also addressed the issue of victim presence during bail hearings, advocating for an approach that avoids repeated appearances of the victim after their initial objections have been recorded. It emphasized that the victim's views on bail should be documented at the first instance, and subsequent proceedings can be represented by counsel or authorized individuals to prevent unnecessary exposure to the accused.
Through this judgment, the High Court aims to consolidate and clarify existing legal principles and judicial precedents regarding the protection of vulnerable witnesses. The directives will be circulated to all trial and special courts in Delhi, ensuring uniform adherence to these guidelines.
Bottom Line:
Protection of Vulnerable Witnesses - Emphasis on child-friendly procedures under POCSO Act to prevent re-victimisation and trauma during trial proceedings; repeated summoning and exposure of child victims to court processes must be minimized.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 33(5), 35, 36; Criminal Procedure Code, 1973 Section 311
Minor Child K v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2865917
