Point of law : Court proceedings – Video recording - if a victim makes a request to video-record the court proceedings relating to the offences under SC/ST Act invoking Sub-section (10) of Section 15A, it cannot be turned down on the ground that the offences charged against the accused involve sexual offences fall under Section 327(2) of Cr.P.C. as well.

ORDER :

The order declining a request made by the prosecution to video-record the court proceedings relating to the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (for short, the SC/ST Act) is under challenge in this Crl.M.C.

2. The petitioner is the State and the respondent is the accused in SC No.245/2020 on the file of the Sessions Court, Pathanamthitta. The offences alleged are punishable under Sections 366, 342, 354, 354A, 354B, 376 of IPC and S.3(1)(w) and 3(2)(v) of the SC/ST Act.

3. The petitioner/State filed a petition, supported by the affidavit of the victim, at the Court below as Crl.M.C.No.974/2021 u/s 15A(10) of the SC/ST Act seeking an order for video recording of the entire trial proceedings of the Sessions Case. The Court below after hearing both sides dismissed the said petition as per Annexure A order dated 16/7/2021, which is impugned herein.

4. I have heard Sri.Grashious Kuriakose, the learned Additional Director General of Prosecution.

5. In the objection statement filed by the respondent/accused at the Court below, it was contended that though the victim has right to request the Court for video recording the trial of the case, since the offence alleged is inclusive of Section 376 of IPC as well, it is not proper to do so. The Court below dismissed the petition holding that it is not usual to video-record the court proceedings, such a recording is unnecessary and it is likely to create confusion at the time of final hearing. The Court below further held that video recording of the Court proceedings and its preservation would hamper the normal course of functioning of the Court. It was held that since the offences alleged involve Section 376 of IPC as well, the trial has to be conducted in camera and, therefore, such a request cannot be allowed. There are no facilities in the Court to video-record the proceedings, it was observed.

6. When the above Crl.M.C came up for hearing, I called for a report from the Director, IT, High Court of Kerala as to the availability of video recording facility in the video conferencing unit installed at the Court below. The Director, IT submitted a detailed report. It is reported that the video conference equipment is functioning in the Court hall of the Court below and the video recording is possible using the said equipment. It is also reported that the technical team e-Court Project, Pathanamthitta in consultation with the technical team, Kerala Prisons, who provided Video Conferencing Unit, have conducted the recording on trial basis and the recording feature was found working.

7. Sri.Grashious Kuriakose, the learned Additional Director General of Prosecution, submitted that provision in Section 15A(10) of the SC/ST Act is mandatory that all the proceedings under the Act shall be video recorded and if a petition is moved by the victim or prosecution with the prayer to video-record the court proceedings, the Court is bound to allow it. The Court below committed illegality by dismissing the petition, submitted the learned Additional Director General of Prosecution.

8. The SC/ST Act has been enacted by the Parliament to effectuate a salutary public purpose of achieving the fulfilment of constitutional rights of the Scheduled Castes and Scheduled Tribes. S.15A which comes under Chapter IVA of the SC/ST Act titled “Rights of Victims and Witnesses”, was introduced by way of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, which came into effect on 26th January, 2016. The statement of objects and reasons that accompanied the insertion of Chapter IVA reads as follows:

“(h) to insert a new Chapter IVA relating to “Rights of Victims and Witnesses” to impose certain duties and responsibilities upon the State for making necessary arrangements for protection of victims, their dependents and witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence”.

9. S.15A of the SC