Mandatory notice requirement under Section 15-A(3) of SC/ST Act for victim in bail proceedings

JUDGMENT :

Dr. Pushpendra Singh Bhati, J.

1. In the wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

2. Heard learned counsel for the parties and perused the material available on record.

3. The petitioner has been arrested in connection with FIR No. 188/2020 of Police Station Kuchera Station, District Nagaur for the offence punishable under Sections 450, 376(2)(N) of IPC, Section 5(L)/6 of POCSO Act and Section 3(1)(w)(ii)(v)(va) of SCT/ST Act. He has preferred this bail application under Section 439 Cr.P.C.

4. This Court made a particular query to learned counsel for the petitioner as to why the victim has not been made a party respondent.

5. Learned counsel for the petitioner submitted that there is no requirement of any notice to the private-respondent/complainant because this is a bail application preferred under Section 439 Cr.P.C. and since the charge include offence under POCSO Act, therefore, the mandatory notice to the victim/complainant under Section 15-A(3) of the SC/ST Act is not required. He further submits that even if the offence under Section 3(1)(w)(ii)(v)(va) of the SC/ST Act is also alleged in the present case, then also Section 15-A(3) of the SC/ST Act will not apply because the POCSO offence is already there and the bail application has been preferred under Section 439 Cr.P.C. Learned counsel for the petitioner further submits that the requirement of notice is there only when the appeal is preferred under Section 14-A of the SC/ST Act.

6. Learned Public Prosecutor submits that under Section 15-A(3) of the SC/ST Act, the notice is mandatory even in bail proceedings.

7. Section 15-A (3) of the SC/ST Act reads as under:-

"15-A. Rights of victims and witnesses.-

(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act."

8. After hearing learned counsel for the parties, this Court arrives at a considered conclusion that Section 15-A(3) of SC/ST Act is a mandatory provision of law requiring the victim or his/her representative or complainant to be arrayed as a respondent and to be given timely notice in all Court proceedings including a bail proceeding and not adding the private respondent would tantamount to attracting dismissal of bail application on account of non-joinder of necessary party.

9. After this Court arrived at the aforesaid finding regarding necessary compliance of Section 15-A(3) of SC/ST Act and was going to dismiss the bail application, learned counsel for the petitioner prayed for two weeks' time to array the victim as a party.

10. This Court is of the opinion that a litigant, that too who is in custody, should not suffer for the fault of his advocate. Thus, this Court grants time to the learned counsel for the petitioner to array the victim as a party respondent.

List after two weeks, as prayed for.