SC Guidelines for Bail in Sexual Assault Cases to Lower Courts

SC Guidelines for Bail in Sexual Assault Cases to Lower Courts

The Supreme Court has set aside the “rakhi-for-bail” order of the Madhya Pradesh High Court. The Supreme Court of India made this observation as it detailed guidelines on how cases involving sexual assault must be handled. The Supreme Court emphasised the need to cultivate sensitivity among judges and lawyers in dealing with cases involving sexual assault.

About the Case

The Judge from Madhya Pradesh High Court put forward a condition for bail of the accused in 2020.

The accused had outraged the modesty of a woman. The condition to be eligible for bail was to present himself before the victim so she may tie a “rakhi” on his wrist.

Supreme Court’s Guidelines for sexual offence cases

The Supreme Court issued seven guidelines for sexual offence cases, which are

(1) Bail conditions should not mandate, require or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused

(2) Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;

(3) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;

(4) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress, behavior, or past "conduct" or "morals" of the prosecutrix, should not enter the verdict granting bail;

(5) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;

(6) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and

(7) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.