Guwahati, 21st March: To address criminal appeals, revisions, and petitions related to the Protection of Children from Sexual Offences (POCSO) Act and Section 439(1A) of the Criminal Procedure Code (CrPC), the Gauhati High Court in Assam has issued new practice guidelines.
These guidelines aim to safeguard victims’ rights and ensure appropriate notification to relevant parties.
In cases involving sections 376, 376-A, 376-DA, and 376-DB of the Indian Penal Code (IPC) concerning serious sexual offenses, the High Court or Court of Session must inform the Public Prosecutor within 15 days of receiving the bail application before granting bail.
The informant or their designated representative must receive written notification from the investigating officer (IO) regarding their right to attend the bail hearing. This notification, in the specified format (“Annexure A”), must be sent along with the reply to the bail application or status report. The court will ensure the informant or authorized representative’s attendance through all reasonable means.
The Registry will serve a copy of the bail application, appeal, revision, or petition to the Public Prosecutor, who will then submit it to the Officer-in-Charge or the IO of the relevant police station. The officer(s) will then inform the victim, guardian, or support person of the High Court’s proceedings.
The victim/guardian/support person must be included as a party in every such application/appeal/revision/petition filed in the High Court. While impleading the victim, the court will strictly adhere to the guidelines in Section 33(7) of the POCSO Act to protect their identity. A formal notice will be issued to the impleaded party through the IO/Officer-in-Charge.
If the victim, guardian, or support person cannot afford legal representation, the notification to them will also inform them of the availability of free legal aid counsel.
These new policies will take immediate effect.