Delhi High Court Issues New Guidelines For Underage Survivors In Sexual Assault Cases

The Delhi High Court stated in a set of guidelines it issued to lessen the trauma of those who have been victims of sexual assault crimes said that having such a victim, who is underage, present in court during a case has a negative effect on her psyche and she shouldn't be traumatised repeatedly by reliving the incident.

Reason For New Guidelines

The high court stated that because there are allegations and accusations casting doubt on the integrity and character of the survivor and her family, the psychological impact on a survivor in Protection of Children from Sexual Offences (POCSO) cases being present in court during the arguments is severe.

"It was felt that it would be in the interest of the victim that she is not traumatised again and again by reliving the said incident by being present in court proceedings,” Justice Jasmeet Singh said in an order on January 11, reported NDTV.

The defence attorney for the man and a representative of the legal services authority brought up the fact that many survivors in POCSO cases were being asked to appear in person or virtually in court when bail applications were being heard during the hearing of an appeal by an accused in a case of sexual assault on a young girl.

The counsel said that this resulted in a circumstance where the survivors were compelled to perhaps communicate with the accused.

What Do Revised Guidelines Say?

The judge concurred after the high court requested suggesting practice instructions from the attorneys in the case in light of the submissions.

“I am in agreement that the said directions, if implemented in a true letter, spirit and intent, may help in reducing the trauma of POCSO victims. In this view of the matter and in addition to the practice directions issued earlier, it is further directed that during bail hearings of a POCSO case, the following guidelines shall also be adhered to,” the judge said.

The guidelines state that the survivor can virtually appear before the court, either through the efforts of the investigating officer (IO), a support person or with the help of the District Legal Services Authority.

In order to adequately address the concerns of the survivor and protect the rights of the accused, a hybrid mode of hearing bail petitions will be employed; there will be no face-to-face interaction. The guidelines stated that doing so can stop the survivor from becoming traumatised again.

According to the rules, it is improper to demand a claimed survivor's physical or virtual presence if she has expressly stated in writing that her lawyer, parent, guardian, or another support person will speak on her behalf and present arguments in favour of the bail application.

Additionally, they claimed that rather than asking the alleged survivor directly, "Do you want bail to be granted to the accused or not?" when recording her comments or objections on the bail application, relevant questions might be asked to elicit her reaction. The guidelines stated that instead, "questions can be put to her to ascertain what her apprehensions and fears are in the event that the accused is granted bail in the matter, for bail is to be granted by the court concerned on the basis of overall appreciation of facts and circumstances of the case and in the light of well-established principles governing the grant of bail."

Moreover, the court ruled that the support person assigned to the survivor must accompany her every time she appears in court for a bail hearing in order to give any required logistical or psychological support.

By giving her a copy of the bail order, the court informed the survivor of the accused's position, the bail's terms, and her right to ask the court to revoke the bail in the event that any of those terms were broken.

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