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The Delhi High Court has issued a practice direction mandating that before granting bail to an accused in a rape case, the High Court and the Court of Session shall give notice of the bail application to the Public Prosecutor and also ensure the presence of the victim or any person authorized on her behalf.
The direction was passed to ensure “better and effective” compliance of the amendment brought to Section 439 of the Code of Criminal Procedure by the Criminal Law (Amendment) Act, 2018.
The direction reads:
“Before granting bail to a person who is accused of an offence triable under sub-Section(3) of section 376 or section 376-AB or section 376-DA or section376-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.”
It is further expected that the Courts shall make all endeavour to ensure the presence of the informant or any person authorized by the rape victim.
“The Courts shall ensure that the Investigating Officer has, in writing as per Annexure A, communicated 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 AB or Section 376-DA or Section 376-DB of the Indian Penal Code.”
The Annexure A shall be filed by the Investigating Officer along with the reply/status report to such bail application, it is stated.
The form of Annexure A is attached with the Practice Direction.
Read the Practice Direction: