In Brief
In this landmark judgment on judicial conduct in sexual offence cases, the Court addressed bail conditions imposed on an accused that required him to visit the victim's house, tie a Rakhi (ceremonial thread), and give customary gifts—thereby transforming a molester into a symbolic brother. The Court held that such conditions are wholly unacceptable as they trivialize serious sexual offences. The Court comprehensively ruled that bail conditions cannot mandate contact with victims, encourage compromise or marriage between accused and victim, or perpetuate gender stereotypes. It mandated gender-sensitization training for judges, prosecutors and lawyers to eliminate misogynistic attitudes and ensure survivors can rely on courts' impartiality. The Court quashed the impugned bail conditions and set out detailed guidelines for courts to follow in sexual offence cases.
The lawyer headnote and full judgment text are available to registered users.