During the hearing on the case of sexual harassment, the court said, the presence of the victim has a bad effect on her mind.

During the hearing on the case of sexual harassment, the court said, the presence of the victim has a bad effect on her mind.

Representational image (Photo Credits ANI)

New Delhi, January 19: The presence of a minor victim in the court during arguments in a sexual assault case adversely affects her mind and she should not be traumatized by replaying the incident again and again. Wrestler Protest: Brij Bhushan Singh, President of Wrestling Federation of India, may resign, accused of sexual harassment

The Delhi High Court said this while issuing guidelines to reduce the trauma of survivors of such crimes. The High Court said that the presence of the victim in the POCSO case during the arguments has a serious psychological impact. The court said that during this period such allegations and accusations are made which cast doubt on the integrity and character of the victim (survivor) and her family.

In an order dated January 11, Justice Jasmeet Singh said, “According to me, the presence of the victim in the court at the time of arguments adversely affects her psyche. The victim is forced to appear in the court along with the accused, who is the person who allegedly tortured her.”

Justice Singh said, “It was felt that it would be in the interest of the victim that she should not be victimized by repeating the details of the said incident while being present in the court proceedings.”

During the hearing of an appeal made by an accused in a case of sexual assault on a minor girl, the counsel for the person and a representative of the Legal Services Authority pointed out that there were many victims of Protection of Children from Sexual Offenses (POCSO) cases who were denied bail. At the time of hearing of applications, it is being asked to be physically or digitally present in the court.

The lawyer said that this created a situation where the victims were potentially forced to negotiate with the accused. Taking note of the report, the High Court had asked the lawyers to give possible practical instructions in the matter, to which the judges agreed.

The judge said, “…keeping the matter in mind and in addition to the guidelines issued earlier, it is also directed that during the bail hearing in the POCSO case, the following guidelines shall also be followed….”

As per the guidelines, the victim can be presented before the court through digital medium with the help of the Investigating Officer (IO) or supporting person or District Legal Services Authority.

The guidelines stated that the hearing of bail applications shall be in a blended mode, appropriately addressing the concerns of the victim while protecting the rights of the accused, and shall not be face-to-face.

As per the guidelines, if an alleged victim gives in writing that her advocate or parent or guardian or support person will appear on her behalf and argue the bail application, her presence through physical or digital means shall not be insisted upon. should.

He said that while recording the submissions or objections of the alleged victim on the bail application, she should not be asked categorically that “do you want to grant bail to the accused or not?” The guideline states that instead “questions may be put to the accused in the case to find out what are his apprehensions and apprehensions in the event of bail being granted, as the case may be reviewed after a holistic review of the facts and circumstances of the case by the concerned court.” Bail is to be granted on the grounds and in the light of the well-established principles governing the granting of bail.”

The court said that whenever a victim comes to the court for a bail hearing, the support person provided to her should be present with her to give necessary psychological or other support. It said, “It may be further clarified that under the POCSO Act, the presence of the victim cannot be insisted upon in cases where the accused is a child, as the idea of ​​granting bail to a child in conflict with law is likely to create apprehensions of the victim.” Do not depend on.

It added that after the disposal of the bail plea, the copy of the order shall compulsorily be sent to the victim as “this becomes important as the main concern of the victim is her safety if the accused is released on bail”.

The court said that by providing her a copy of the bail order, the victim is made aware of the status of the accused and her right to approach the court for cancellation of bail in case of violation of the terms and conditions of the bail.

(This is an unedited and auto-generated story from a syndicated news feed, likely not the latest staff changes or edits)

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