The Orissa High Court directed all Subordinate Courts to ensure the presence of the informant/victim during the hearing of bail petitions of persons accused in POCSO (Protection of Children from Sexual Offences Act) cases.
Facts of the Case
The present case relates to the grant of regular bail to the accused in a rape case of a minor.
Petitioner’s Submission
The petitioner had applied for release on bail. It is not mandated by law to issue a notice to the victim or informant.
Court’s Order
Since the hearing of this case relates to the grant of regular bail to the accused in the rape case of a minor, the presence of the informant/victim/complainant is obligatory. It is a fundamental requirement of law that cannot be ignored or neglected given in the Criminal Law (Amendment) Act, 2018. As per Criminal Law (Amendment) Act of 2018, Section 439 of CrPC has made it mandatory for the informant or any other person authorized by the informant to be present at the time of the hearing. In the present case, the judge made it compulsory that a notice is to be issued to the victim.
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