Madras High Court Clarifies Victim's Role in POCSO Act Appeals and Bail Applications
Participation of Victim's Family Mandatory in Bail Applications, but Not in Appeals
In a landmark judgment, the Madras High Court has delineated the role of victims and their families in legal proceedings concerning convictions under the Protection of Children from Sexual Offences (POCSO) Act. The judgment, delivered by Justice K. Murali Shankar, offers clarity on the necessity of involving the victim's family in criminal appeals and bail applications.
In the case of Venkateshwaran v. State of Tamil Nadu, the court addressed the pivotal issue of whether the de facto complainant or victim's family should be a necessary party in appeals challenging convictions under the POCSO Act. The court affirmed that while the victim or their family need not be impleaded in appeals, their involvement is crucial in applications for suspension of sentence and bail.
Justice Shankar's judgment emphasized that while victims or their guardians are not mandatory parties in criminal appeals, they should be allowed to participate if they choose, alongside the Public Prosecutor and defense counsel. This decision aligns with the evolving jurisprudence that recognizes victims' rights as substantive and enforceable, independent of the state's rights.
The judgment draws on various precedents, including the Supreme Court's stance in Jagjeet Singh v. Ashish Mishra, which underscored the victim's participatory rights from the investigation stage through to appeals. It also references statutory provisions under the Code of Criminal Procedure and the POCSO Act that safeguard victim participation and identity protection.
In bail applications, the court stressed the necessity for victim's family involvement to ensure their rights are safeguarded and to prevent potential harassment or threats post-conviction. This requirement is consistent with Section 439(1-A) Cr.P.C., which mandates the informant's presence during bail hearings for certain offenses.
The judgment further instructs that notices should be served through the State Counsel, and legal assistance may be provided by Legal Services Authorities to protect the victim's interests. This approach ensures the victim's identity remains confidential while allowing their family to be heard.
Justice Shankar's ruling reiterates the importance of balancing the rights of the accused and the victim, acknowledging that criminal proceedings should be fair to both. The decision is expected to guide future cases under the POCSO Act, ensuring justice is delivered without compromising the dignity and privacy of victims.
Bottom Line:
POCSO Act - Victim's participation in criminal appeals and applications for suspension of sentence - It is not necessary to implead the victim or their parents/guardians in criminal appeals challenging convictions under the POCSO Act - However, their involvement is mandatory in bail applications and applications for suspension of sentence to ensure their rights are safeguarded.
Statutory provision(s): POCSO Act, 2012, Section 430 BNSS (Section 389 Cr.P.C.), Section 483 BNSS (Section 439 Cr.P.C.), Section 439(1-A) Cr.P.C., Section 2(wa) Cr.P.C.
Venkateshwaran v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2791024
