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Atrocities Act – Section 15A – Rights of the victims and witnesses – Video recording of all proceedings relating to the offences including bail proceedings is mandatory

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There was difference of opinion amongst two Single Benches of the Bombay High Court  if “every proceeding” would not include bail proceeding

Section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, provides for rights of the victims and witnesses

Sub-section (1) of Section 15A provides that all proceedings relating to offences under this Act shall be video recorded.  It would ensure public accountability in respect of the proceedings and also the victims and witnesses have adequate briefing on the case and preparation for trial.  Moreover, the information would be available to the organizations and individuals who are providing legal aid to the victim and their dependents.

HELD that Section 15A(10) is mandatory.  The term “all proceedings relating to the offences under this Act” will have to be given widest possible to this particular use of the words.  It is more than clear that this particular sub-section is incorporated with a definite purpose.   The said sub-section has to operate, whether the rules are framed or not, since it makes no reference to the necessity of framing of the rules.  The “proceedings” in Section 15A(10) of the Atrocities Act would cover all proceedings including a judicial proceeding contemplated under Section 2(i) of Cr PC, 1973.   It would be necessary to video record any proceeding even though the proceedings are held in open court.    Hearing of a bail application under Section 14A is a judicial proceeding contemplated under Section 15A of the Atrocities Act.   However, this judgment will not affect the past proceedings and it would be prospective.  The State Government is directed to provide all video recording facilities.

Division Bench Judgment dated 13.3.2024 in Criminal Appeal No.911 of 2019 of Dr. Hema Suresh Ahuja and others  Vs. The State of Maharashtra and another

 

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