Delhi High Court Sets Aside Controversial Observations in Bail Order for Sexual Assault Case

Court emphasizes the need for sensitivity in judicial remarks to prevent victim shaming and secondary trauma

In a recent judgment, the Delhi High Court has set aside certain observations made by an Additional Sessions Judge (ASJ) during a bail proceeding in a sexual assault case. The case involved allegations against a PhD student from Jawaharlal Nehru University, who was accused of sexually assaulting a journalist. The High Court, presided over by Justice Amit Mahajan, criticized the ASJ for making remarks that imputed doubts on the character of the victim and trivialized her allegations.

The petitioner, identified as 'X', challenged the bail order dated January 18, 2025, which granted bail to the accused, Respondent No. 2. The bail was initially granted on grounds that the accused was a young student with no prior criminal record and was no longer required for investigation. However, the ASJ had made comments suggesting that the victim's actions and past interactions with the accused implied consent, thereby questioning her credibility.

Justice Mahajan highlighted that such observations are unwarranted, especially at the bail stage, as they can cause secondary trauma to the victim and diminish the seriousness of the offence. The court cited the Supreme Court's judgment in XYZ v. State of Madhya Pradesh (2021) 16 SCC 179, which cautioned against using reasoning that trivializes the victim's experience or imputes her character during bail proceedings.

The High Court modified the bail order by setting aside the controversial remarks made in paragraphs 7 and 8 of the ASJ's order. The court stressed that the credibility of the victim's allegations should be determined during the trial and not prejudged during bail hearings. The decision underscores the judiciary's responsibility to handle sexual assault cases with sensitivity and avoid perpetuating stereotypes or biases against victims.

Bottom Line:

Judges must refrain from making observations that trivialize the victim's allegations or impute doubts on the character of the victim while considering bail applications in sexual assault cases. 

Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 64(1)

X v. State Govt NCT of Delhi, (Delhi) : Law Finder Doc Id # 2789676