Libertatem Magazine

Orissa High Court: Subordinate Judges to Ensure Presence of Victim at Bail Hearings in POCSO Cases

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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. is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

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