The Gauhati High Court in Assam has introduced new practice guidelines to manage 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). These guidelines aim to uphold the rights of victims and ensure that relevant parties are duly informed.
Under these rules, in cases involving serious sexual offences under sections 376, 376-A, 376-DA, and 376-DB of the Indian Penal Code (IPC), the High Court or Court of Session must notify the Public Prosecutor within 15 days of receiving a bail application before granting bail.
Additionally, the investigating officer (IO) must provide written notification to the informant or their designated representative regarding their right to attend the bail hearing. The court is responsible for ensuring the informant’s or 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. Subsequently, the victim, guardian, or support person must be informed of the court proceedings by the officer(s).
Furthermore, the victim/guardian/support person must be included as a party in every such application/appeal/revision/petition filed in the High Court, with strict adherence to guidelines for protecting the victim’s identity under Section 33(7) of the POCSO Act. A formal notice will be issued to the impleaded party through the IO/Officer-in-Charge.
Lastly, if the victim, guardian, or support person cannot afford legal representation, they will be informed about the availability of free legal aid counsel.
