Delhi High Court Criticizes Denial Of Exemption For POCSO Victim To Appear In Court

The Delhi High Court recently criticized the denial of an exemption for a victim in a POCSO (Protection of Children from Sexual Offences) case, which had resulted in further trauma for the survivor.

Justice Girish Kathpalia expressed concern over the lack of sensitivity shown towards the victim’s emotional and psychological distress, stressing that such cases demand special attention.

Court’s Observation

During the hearing, Justice Kathpalia observed that when sexual offense victims, especially children, the court summons them to testify, they often experience heightened anxiety and distress.

He pointed out that requiring the victim to appear physically in court forces them to relive their traumatic experience.

He emphasized the need for courts to consider the victim’s emotional well-being when making decisions on whether they should testify in person.

The court also noted that the victim’s lawyer had informed the lower court that the survivor was unwell, which had prompted a request for exemption from appearing in court.

However, instead of accepting this request, the court directed the local police to investigate the victim’s condition and verify whether she was truly ill.

Court’s Disagreement With Police Involvement

Justice Kathpalia expressed his disagreement with the lower court’s decision to send police officers to verify the victim’s condition, particularly sending a male constable to investigate the situation.

He criticized the approach as inadequate, suggesting that the trauma experienced by the victim could be worsened by such actions.

Justice Kathpalia also raised concerns about the absence of the Investigating Officer (IO) and the Station House Officer (SHO) during the proceedings, pointing out that these individuals should have been present, especially given the seriousness of the case.

The case highlights the critical need for judicial processes to better accommodate sexual violence survivors, especially under the POCSO Act, which aims to protect children from sexual offenses.

Justice Kathpalia emphasized that the physical and emotional well-being of victims should take precedence, and their right to a fair and supportive trial must be respected.

Court Hearing

The Delhi High Court has scheduled the next hearing for April 28, 2025, where it will further examine the case and review the actions of the authorities involved.

The Court has also called for a report on the failure to send a female officer to assess the victim’s condition, highlighting its concern over procedural lapses that affect the victim’s rights and dignity.

This case brings into focus the challenges faced by sexual violence victims in the judicial process.

It underscores the importance of adopting a trauma-informed approach in handling sensitive cases, especially those involving minors and survivors of sexual violence.

As the court prepares for the next hearing, this case may set a significant precedent in the treatment of victims in sexual offense cases, advocating for a more empathetic and victim-centric approach to judicial proceedings.

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