VICTIM SHOULD BE PERMITTED TO ASSIST THE PROSECUTION

While hearing a public interest lawsuit brought by mothers of minor sexual assault survivors, the Karnataka High Court ruled that a survivor or complainant should be allowed to help the prosecution if they so wish. In cases under the Protection of Children from Sexual Offenses Act, 2012, a Division Bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj directed that the investigation officer or the Special Juvenile Police Unit (SJPU) must notify a minor survivor's parents, caregiver, or guardian, and lawyer (if appointed), if the accused files for bail or if the prosecution files any other application (POCSO Act).

The plea requested that the Court declare that Section 40 of the POCSO Act (right of the child to seek legal advice) and Rule 4 of the POCSO Rules (procedure regarding care and protection of child) require that the child survivor, parent, guardian, or complainant be notified when an accused person files an application for bail.
According to the appeal, the local police failed to notify them when the accused person submitted a bail application in any of their cases. Because of this crucial failing, the defendants in each case were released on bail without the mothers being notified or having a chance to be heard in the case.

Victims of criminal offences, particularly horrific crimes, should have a say in the criminal prosecution of the accused, according to the Court. The Court stated that the POCSO Act's offences are terrible in character and are frequently committed by perverted individuals.