While rejecting the fourth bail application of a rape accused, the Madhya Pradesh High Court has observed that if any of the rape or gang rape victims suffers psychologically due to non-compensation or non-availability of better treatment either by the prosecution or by the Health Department, the same would amount to second victimisation of the survivor. The High Court thus directed strict compliance with Section 397 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The High Court was considering the applicant's fourth bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he was implicated in connection with a criminal case registered under Sections 365, 376, 376(D), 376(2)(L) & 34 of IPC and Section 92(D) of the Rights of Persons with Disabilities Act, 2016.

The Single Bench of Justice Gajendra Singh ordered, “...in matters of rape and gang-rape, the victims could not be suffered due to non-availability of the legal assistance so District Legal Services Authority shall provide a competent and experienced Advocate to address the trial Court as well as the concerned authorities to ensure the rights of the victims contacting her parents.”

“Apart from the present case, this court has noticed that the compliance of Section 397 of BNSS, 2023 are not being complied with by the concerned authorities without interference of the Courts. Such facilities and compensations should be extended timely so that the ends of justice be not frustrated and if any of the victims suffers psychologically due to non compensation or non-availability of better treatment either by prosecution or by Health Department, the same is tantamount to second victimization of survivor inviting liability for non-compliance of mandate of law”, it further held.

Advocate Santosh Kumar Meena represented the Petitioner while Advocate General Hemant Sharma represented the Respondent.

Reasoning

The Bench took note of the report received from the Trial Court and a report from the District Legal Service Authority, Mandsaur, mentioning that the prosecutrix was not in a condition to depose and she required further treatment, including psychological treatment.

The Bench found that the DNA report was positive in respect of the applicant. The Bench thus held that no case for bail was made out.

The Bench further asked all the duty holders to ensure that Medical as well as Psychological and counselling facilities are being provided to the victim, and till the victim recovers, arrangements, including the transport facility for the presence of the victim before the Trial Court, be ensured for recording her statements before the Trial Court. The Bench also clarified that facilities and compensation should be extended timely so that the ends of justice are not frustrated.

The Bench thus ordered, “Accordingly, Additional Chief Secretary, Department of Medical Education, Govt. of Madhya Pradesh is directed to ensure the compliance of Section 397 of BNSS, 2023 so that the rights of the victims within the territory of the State of Madhya Pradesh are not affected at any point of time either in Govt. Hospital or in Private Hospital and is further directed to issue necessary directions for compliance of Section 397 of BNSS, 2023 to District Magistrate and Chief Medical and Health Officers of all the Districts as well as the Private Hospitals and Diagnostic Centers within the territorial jurisdiction of State of Madhya Pradesh for necessary compliance of Section 397 of BNSS, 2023.”

The Bench further directed the copy of the order to be forwarded to the Trial Court, Addl. Chief Secretary, Department of Medical Education, Secretary, District Legal Services Authority, Mandsaur and the Station House Officer, Police Station- Y.D. Nagar, District, Mandsaur (M.P.).

Cause Title: Harisingh v. The State of Madhya Pradesh and Others (Neutral Citation: 2026:MPHC-IND:29221)

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