In the case of Miss G (MINOR)
Through: Ms. Tara Narula, Advocate
Vs State of Delhi
The court said non-issuance of notice to the complainants or victims is not merely a procedural lapse, but is clearly contrary to the unequivocal legislative mandate and settled law.
Section 439 of the Code of Criminal Procedure-
(a) In sub-section (1), after the first proviso, the following proviso shall be inserted, namely:-
“Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-Section (3) of Section 376 or Section 376-AB or Section 376-DA or Section 376-DB of the Indian Penal Code (45 of 1860), give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.”
The Single Bench of Justice Prathiba M Singh has noted that the District Judges shall inform and sensitise all the presiding officers of the importance of compliance of the mandatory condition of issuing notice to the complainant/victim/informant, and the legal position in this regard.
The court also said that “It is deemed appropriate to direct that any non-compliance of the mandatory condition of issuance of notice and service of notice to the complainant/ victim/informant could entail consequential action, in accordance with law”.