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Delhi HC issues Practice Directions for Bail Hearing in Rape cases

Team SoOLEGAL 27 Sep 2019 3:02pm

Delhi HC issues Practice Directions for Bail Hearing in Rape cases

The Delhi High Court on Tuesday issued fresh practice directions to come in force with immediate effect with regards to grant of bail in rape cases. The Court has made it mandatory for the informant or any person authorized by him/her to be present in the Court at the time of hearing of bail application of an accused person charged under the offense of rape.


The practice directions have been passed by the Chief Justice of Delhi High Court D.N. Patel, keeping in view the recent amendment of Section 439 Cr.P.C by virtue of the Criminal Law (Amendment) Act, 2018.


The amendment inserted sub-section 1A to Section 439, obligating the presence of the informant or any person authorized by him/her at the time of hearing of bail application of a person accused of offenses punishable under sections 376(3),376AB, 376DA, and 376DB of the Indian Penal Code, 1860.


Section 376(3) is Punishment for rape on a woman under sixteen years of age.

Section 376AB is Punishment for rape on a woman under twelve years of age.

Section 376 DA is Punishment for committing gang-rape on a woman under sixteen years of age.

Section 376DB is Punishment for committing gang-rape on a woman under twelve years of age.


All the above-mentioned sections were added recently into the Indian Penal Code by virtue of the Criminal Law (Amendment) Act, 2018 and accordingly, section 438 and 439 of the Cr.P.C were also amended.


The relevant extracts from the direction issued by Delhi HC are mentioned below:


The directions issued by the Court specifically mentions that before granting bail, the High Court or the Court of Sessions shall give notice of the bail application to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.


Also, the Courts shall ensure that the Investigating Officer, per the draft given in annexure, communicates/informs the informant or any person authorized by her, in writing, that his/her presence is obligatory at the time of hearing of the application for bail of the accused person. The given Annexure-A shall be filed by the IO along with the Reply/Status Report to such bail application and the Courts shall make all endeavor to ensure the presence of the informant or any person authorized by her.


These directions shall come into force with immediate effect.


View practice directions and annexure – A on the official website of Delhi High Court by clicking on the link: http://delhihighcourt.nic.in/writereaddata/upload/Notification/NotificationFile_80IUWT0XAUH.PDF


Tagged: Delhi HC   Practice Directions   Section 439 CRPC   Bail Hearing   Rape cases  
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Ravi Om saxena   29 Sep 2019 9:23pm
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Ravi Om saxena   29 Sep 2019 9:23pm
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Ravi Om saxena   29 Sep 2019 9:23pm
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