Allahabad High Court Says POCSO Victim Must Be Heard Before Anticipatory Bail

The Allahabad High Court held that the victim of an offence under the POCSO Act must be afforded an opportunity to be heard before anticipatory bail is granted.

Background

The ruling concerns the procedural rights of child victims and the obligations of courts deciding pre-arrest protection for persons accused of sexual offences.

Legal issue

The Court considered the protective framework of the POCSO statute and the importance of meaningful participation by the victim or appropriate representative.

Court’s approach

It treated hearing the victim as a mandatory safeguard before granting relief, while leaving the ultimate bail decision to the court on the evidence and statutory tests.

What follows

Courts considering such applications must ensure the victim is heard through lawful, child-sensitive procedures. The ruling does not make bail automatically unavailable.