$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 23.08.2024 + BAIL APPLN. 2740/2023 LAXMI NARAYAN ..... Petitioner Through: Mr. Ravi Mehta, Ms. Priyanka Singh, Mr. Rajat Kanojia, Mr. Rahul Kumar Saxena, Ms. Nikha Kanojia, Mr. Satpal Yadav and Mr. Priyank Chauhan, Advs.

versus STATE NCT OF DELHI ..... Respondent Through: Mr. Ritesh Kumar Bahri, APP for State with ACP Richpal Singh and Insp. Mahipal Singh, PS. ISC/Crime Branch, PS. Chanakayapuri, Delhi. Mr. Mehmood Pracha, Mr. Jatin Bhatt, Mr. R.H.A. Sikander, Mr. Sanawar and Mr. Mohd. Shameem, Advs. for victim CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J.

1. Whether it is mandatory to video record the present bail proceedings in terms of Section 15A(10) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, [in short ‘the Act’] arising out of a Signature Not Verified BAILAPPLN.2740/2023 Page1of19 Digitally Signed By:NARENDRA SINGH criminal case relating to the offences under the Act, is the short question to be considered in the present judgment.

2. To put the entire discussion that is to follow into context, it is apposite to reproduce at the outset the relevant extract of Section 15A(10) of the Act, which reads as under:

“15A. Rights of victims and witnesses.—(1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.

xxxx xxxx xxxx xxxx (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.

xxxx xxxx xxxx xxxx (5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.

(6) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), the Special Court or the Exclusive Special Court trying a case under this Act shall provide to a victim, his dependent, informant or witnesses––

(a) the complete protection to secure the ends of justice;

(b) the travelling and maintenance expenses during investigation, inquiry and trial;

Signature Not Verified BAILAPPLN.2740/2023 Page2of19 Digitally Signed By:NARENDRA SINGH (c) the social-economic rehabilitation during investigation, inquiry and trial; and (d) relocation.

(7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependent, informant or witnesses and such Court shall periodically review the protection being offered and pass appropriate orders.

(8) Without prejudice to the generality of the provisions of sub- section (6), the concerned Special Court or the Exclusive Special Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special Public Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including––

(a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public;

(b) issuing directions for non-disclosure of the identity and addresses of the witnesses;

(c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection:

Provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from the main case by such Court and concluded within a period of two months from the date of receipt of the complaint:

Provided further that