S.15A SC/ST Act | Complainant Can Be Told About Bail Hearing By SMS, WhatsApp: Rajasthan HC Instructs Police To Produce Proof/Screenshot

The Jaipur bench of the Rajasthan High Court has said that compliance of Section 15A of SC/ST Act that required information being sent to complainant before hearing bail application of accused under SC/ST Act, is fulfilled even when such information was sent on mobile via SMS, WhatsApp. It thus directed Director General of Police and the state's Principle Secretary to instruct all the investigating officers/station house officers of all police stations that for bail filed pleas for SC/ST Act offences whenever the Court directs public prosecutor to send information to complainant/victim/aggrieved party, they shall produce a proof/screenshot of message/text message/WhatsApp Message on record. This is to enable the court For context, Section 15A of the SC/ ST Act mandates that information has to be sent to the complainant before hearing the bail of the accused-persons for the offences punishable under the offences under SC/ ST Act. Justice Anoop Kumar Dhand in its order said, "...this Court takes notice of the fact that we are living in an era of Information and Technology. The process of law cannot move like a bullock cart pace or snail's pace in the age of Information and Technology. The Station House Officer and the Investigating Officer of all the Police Stations are required to be upgraded with the latest technological developments. Fruits of technology have to be put in the service of the people. In the legal process, the technology can play critical role in effectuating the fundamental rights of the citizens, in particular, and in upholding the process of law, in general. A Nodal Officer is required to be appointed in each District of the State of Rajasthan who shall supervise the staff entrusted to discharge the duty of delivering and effecting service of notices on the victims". "In these peculiar circumstances, this Court issues a general mandamus to the Director General of Police (DGP) and the Principal Secretary, Department of Home, Government of Rajasthan to instruct all the Investigating Officers/ the Station House Officers of all the Police Stations to the effect that henceforth, in all those Bail Applications (Criminal Appeals), which are submitted under SC/ ST Act or the offences, which have occurred before the enforcement of B.N.S.S., whenever the Court directs the Public Prosecutor to send information to the complainant/ victim/ aggrieved party they shall produce a proof/ screenshot of the message/ text message/ WhatsApp Message, on record, enabling the Court to pass appropriate orders, before deciding the Bail Application (Criminal Appeals) submitted by the accused person," it added. The Court was hearing applications for cancellation of bail on the ground that Section 15A was not complied with, wherein the complainant was never sent a notice prior to disposal of the bail applications. However the State and the counsel for the accused-persons submitted that the complainant was informed on his mobile number about filing of the bail application by the concerned Investigating Officer.After going through the records, the Court highlighted that the complainant was informed about the filing of the bail applications on his mobile number, and opined that it was "sufficient compliance" of Section 15A."It appears that there was a mistake on the part of the concerned Investigating Officer for resending information to the complainant again in the case of Mahendra Chhipa on 03.12.2022, after grant of bail to him on 28.11.2022. It also appears that there was certain miscommunication or non-communication between the Government Advocate/ Public Prosecutor and the Investigating Officer, even after passing of order of bail in the matter of the accused-person Mahendra Chhipa," the court noted.It thereafter referred to Bombay High Court's decision in Shobha v the State of Maharashtra & Ors. (2019) which held that for compliance of Section 15A(3) SC/ST Act and for intimation to the victim, the IO could serve notice by SMS or whatsApp.In this background, the Court stated that, “this Court takes notice of the fact that we are living in an era of Information and Technology. The process of law cannot move like a bullock cart pace or snail's pace in the age of Information and Technology…Fruits of technology have to be put in the service of the people…”In this background, the Director General of Police and the Principle Secretary, Rajasthan were directed to instruct all the investigating officers/ station house officers that whenever a notice under Section 15A of the Act was sent, they shall produce a proof/screenshot of message/text message/WhatsApp Message on record. The Court further observed that notice was mandatory under Section 15A(3), however, victim's presence during the bail hearing was not mandatory and the choice of such participation could be left to the victim. Accordingly, the applications were dismissed. Title: Ramesh Bairwa v State of Rajasthan & Other connected...

S.15A SC/ST Act | Complainant Can Be Told About Bail Hearing By SMS, WhatsApp: Rajasthan HC Instructs Police To Produce Proof/Screenshot

Nupur Agrawal

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