The Delhi High Court has cautioned trial courts against repeatedly summoning child victims of sexual assault during criminal proceedings, noting that such practices can deepen trauma and inflict fresh psychological harm.
A Bench led by Justice Swarana Kanta Sharma underscored that the Protection of Children from Sexual Offences Act places a clear obligation on courts to adopt child-friendly procedures. These safeguards, the Court observed, are intended to shield minors from the strain of frequent courtroom appearances while ensuring their voices are heard in the justice process.
The judge noted that technology offers a practical solution. Testimonies, where possible, should be recorded through video conferencing so that children are not forced to repeatedly appear in court. This, the Court said, helps balance procedural fairness with the emotional well-being of young survivors.
The Bench also addressed how courts handle bail hearings in such cases. While victims are entitled to present their views on bail pleas, the Court said that once those objections have been recorded, there is little justification for insisting on their presence—either physically or virtually—at every subsequent hearing.
The observations came while the High Court was hearing a plea filed by three minor girls who were victims in a sexual assault case registered in 2022. According to the petition, the girls had gone missing and were later located in Delhi, where they alleged that multiple accused persons assaulted and threatened them over a span of two days. The case includes allegations of rape, trafficking and offences under the POCSO framework.
During the trial, the victims were repeatedly asked to appear in court to testify. One of the girls was summoned nine separate times before her testimony could be completed, while the others also faced multiple court appearances. The repeated summons, the petitioners argued, caused severe emotional distress.
At one point, the trial court issued a bailable warrant against one of the minors after she failed to appear due to the strain of the proceedings. The High Court later set aside that warrant and used the case to examine broader concerns about how child victims are treated during trials.
In its ruling, the High Court emphasised that courts across the country have already laid down guidelines on handling testimony from child victims. Trial courts and special courts dealing with POCSO cases, it said, must apply those safeguards consistently to ensure that the justice system does not unintentionally compound the suffering of those it seeks to protect.
