The Court emphasizes mandatory victim notification under PoCSO Act and Bharatiya Nyaya Sanhita, 2023 for bail proceedings in serious offences.
In a significant ruling, the Kerala High Court has set aside a bail order granted by the Sessions Court in a case involving grave offences under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) and the Bharatiya Nyaya Sanhita, 2023 (BNSS). The High Court, presided over by Justice C. Pratheep Kumar, emphasized the essential requirement for the victim's right to be heard before granting bail in serious offences.
The case, registered as Crl.MC No. 516 of 2026, involved allegations of penetrative sexual assault on a minor boy aged 14. The father of the victim challenged the bail granted to the accused by the Sessions Judge, Kottayam, on the grounds that no notice was provided to the victim before the bail was granted.
The Court highlighted the legislative mandates under Section 40 of the PoCSO Act, Rule 4 of the Protection of Children from Sexual Offences Rules, 2020, and Section 483(2) of the Bharatiya Nyaya Sanhita, 2023. These provisions underscore the necessity for victims to be informed and have the opportunity to participate in bail proceedings for serious offences.
Justice Kumar noted that the failure to notify the victim constitutes a miscarriage of justice and invalidates the bail order. This decision aligns with precedents set by the Supreme Court and other High Courts, which recognize the evolving rights of victims to be heard at critical stages of criminal proceedings.
Consequently, the bail order was set aside, and the accused was directed to surrender to the Sessions Judge within seven days. The Sessions Court is instructed to reconsider the bail application, ensuring the victim's right to participate is upheld.
This judgment reinforces the judicial system's commitment to victim rights, especially in cases involving heinous crimes, and sets a precedent for future cases to ensure victim participation is not overlooked.
Bottom Line:
Victim's right to be heard before granting bail to accused in serious offences under PoCSO Act and Bharatiya Nyaya Sanhita, 2023 is mandatory. Failure to provide notice to the victim before granting bail renders such bail order liable to be set aside.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Section 40, Protection of Children from Sexual Offences Rules, 2020 - Rule 4, Bharatiya Nyaya Sanhita, 2023 - Section 483
XXXXXXXXXX v. State of Kerala, (Kerala) : Law Finder Doc id # 2858928
