Gauhati High Court notifies adoption of new practices in POCSO case proceedings

Staff Reporter

Guwahati: The Gauhati High Court recently issued a notification for the adoption of practices for proceedings related to criminal appeals and revisions or criminal petitions filed under the POCSO Act in the HC and the outlying Benches.

The notification was issued pursuant to the order dated June 23, 2023, passed by the Gauhati High Court in Criminal Appeal (J) 40/2022, in the case of Dipak Nayak vs. The State of Assam & 2 Ors.

The Chief Justice of Gauhati HC adopted the following practice directions for proceedings like criminal appeals and revisions or criminal petitions filed under the POCSO Act in the HC and the Outlying Benches:

(a) Before granting bail to a person who is accused of an offence triable under sub-Section (3) of Section 376 or Section 376-A8 or Section 376-DA or Section 376-DB of the Indian Penal Code, the High Court or the Court of Session shall give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application; and (b) The Courts shall ensure that the Investigating Officer, in his writing, communicates to the informant or any person authorized by her that her presence is obligatory at the time of hearing of the application for bail to the person under sub-section (3) of Section 376 or Section 376-A8 or Section 376-DA or Section 376-DB of the Indian Penal Code;

(c) In every bail application, criminal appeal, criminal revision, or criminal petition arising from cases involving offences under the POCSO Act and those covered by Section 439 (1A) CrPC, the Registry shall,

(i) serve a copy of such bail application, criminal appeal, criminal revision, or criminal petition to the public prosecutor concerned, who, in turn, shall forward the same to the investigating officer concerned, or the officer-in-charge of the concerned police station, through email and also as a hard copy requiring the officer(s) to apprise the victim, guardian, or support person regarding the filing of such proceedings before the High Court.

(ii) In every such bail application, criminal appeal, criminal revision, or criminal petition filed in the High Court, it shall be mandatory to implead the victim, guardian, or support person, as the case may be. While making such an impleadment, the identity of the victim shall be properly screened, strictly adhering to the mandate of Section 33(7) of the POCSO Act. Upon impleadment of the victim, guardian, or support person in the bail application, criminal appeal, criminal revision, or criminal petition, as the case may be, formal notice shall be issued to such victim, guardian, or support person through the investigating officer or officer-in-charge of the concerned police station. It shall be the responsibility of the officer(s) to get the notice served.

(iii) The notice issued to the victim, guardian, or support person shall also contain a stipulation that, in case he or she is unable to engage a counsel of choice, services of free legal aid counsel shall be provided to represent him or her in the proceedings filed before the High Court.

It was also mentioned that the notification would come into force with immediate effect.

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