Published on: 08 September 2024
By: Rohit Belakud
Place: New Delhi
The Delhi High Court has mandated that all bail proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), must be video recorded, even when the alleged offenses include sexual crimes against women and children.
Justice Vikas Mahajan held that Section 15A(10) of the SC/ST Act does not provide any exception for such offenses, reinforcing the legislature’s intent for strict compliance.
Court’s Reasoning
In the case Laxmi Narayan vs. State NCT of Delhi, the bail petition revolved around the accused being charged with the rape and murder of a minor girl belonging to a scheduled caste community.
The charges included violations under IPC Sections 376 (rape) and 302 (murder), Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act), and Section 3 of the SC/ST Act for sexual atrocities.
Advocate Mehmood Pracha, representing the victim’s family, argued that as per Section 15A(10) of the SC/ST Act, video recording is a mandatory right of victims, and this must extend to bail proceedings as well.
He emphasized that the minor victim’s identity must remain protected while still ensuring transparency via video recording.
Justice Mahajan agreed with the argument, stating, “The legislature has not carved out any exception in Section 15A(10) for sexual offenses under the SC/ST Act or the IPC. Hence, the mandatory requirement applies across all proceedings, including those involving sexual crimes.”
Addressing Concerns About Victim Privacy
The Additional Public Prosecutor, Ritesh Kumar Bahri, along with the accused’s counsel, raised concerns regarding the victim’s anonymity.
They referred to Section 23 of the POCSO Act and Section 228A IPC, which prohibit the disclosure of a victim’s identity in sexual offenses.
However, Pracha countered this by noting that Section 15A(10) merely mandates the video recording of proceedings and does not call for their publication or distribution.
Justice Mahajan affirmed that video recordings could be safeguarded under court orders and only shared with authorized parties, thus ensuring compliance with privacy laws.
Overriding Effect of SC/ST Act
Pracha further pointed out that Section 20 of the SC/ST Act provides for the Act’s provisions to override any other laws, reinforcing the mandatory nature of video recording in such cases.
The court concluded that there is no conflict between the requirements of video recording under Section 15A(10) of the SC/ST Act and the protections offered under the IPC and POCSO Act. The identity of the victim can be maintained while ensuring transparency in legal proceedings.
Implications of the Ruling
This judgment sets a significant precedent in ensuring transparency in legal proceedings under the SC/ST Act, while also safeguarding the rights and privacy of victims involved in sexual offences.
The High Court clarified that future bail proceedings related to the SC/ST Act will need to be video recorded, as per the mandate of Section 15A(10).
Bench Details:
- Judge: Justice Vikas Mahajan
- Court: Delhi High Court
Party Details:
- Petitioner (Accused): Laxmi Narayan
- Respondents (State): State NCT of Delhi
- Victim Representation: Advocate Mehmood Pracha
- Prosecution Representation: Additional Public Prosecutor Ritesh Kumar Bahri
This landmark decision by the Delhi High Court brings into focus the balance between transparency in legal processes and the protection of vulnerable victims, especially in cases involving sexual crimes.