Not Mandatory For Criminal Court To Issue Notice To Victim At Pre-Trial Stage: Delhi HC
The principle laid down by the Delhi High Court that:
"It is not mandatory for a criminal court to issue notice to the victim at the pre-trial stage."
This includes the legal reasoning, statutory background, and relevant case laws, without using any external links.
πΉ Legal Context:
With the introduction of the Criminal Law (Amendment) Act, 2008, the role of victims in criminal proceedings was given statutory recognition in India. Sections like Section 2(wa) (definition of victim) and Section 439(1A) (notice to victim in bail matters) were introduced in the CrPC.
Despite these changes, the law still distinguishes victim rights at different stages β pre-trial, trial, and post-trial. The issue arises particularly when the court takes cognizance of an offence, or while deciding discharge or framing of charges, whether notice to the victim is mandatory or directory.
πΉ Key Principle by Delhi High Court:
The Delhi High Court has consistently held that at the pre-trial stage, especially:
At the stage of taking cognizance,
Or during framing of charge / discharge,
It is not mandatory for the criminal court to issue notice to the victim, unless expressly provided by law.
πΉ Relevant Statutory Provisions:
1. Section 2(wa), CrPC:
βVictimβ means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged.
2. Section 439(1A), CrPC (added in 2018):
Requires courts to hear the victim in bail matters for offences punishable with death, life imprisonment, or imprisonment of seven years or more.
β Implication: Notice to victim is statutorily mandatory only in bail matters under this section β not in all pre-trial proceedings.
πΉ Important Case Laws by Delhi High Court:
βοΈ Reena Jolly v. State & Ors., 2022 SCC OnLine Del 3872
Issue: Whether the Magistrate is bound to issue notice to the complainant/victim before discharging the accused.
Held: No such mandate exists in the CrPC.
Observation: The court clarified that the complainant can approach the court later if dissatisfied with the discharge order, but there is no statutory requirement to issue notice at pre-trial stage.
βοΈ Vikas Arora v. State of NCT of Delhi, 2021 SCC OnLine Del 4108
Facts: Discharge application was allowed without notice to the complainant.
Held: The Delhi HC reiterated that issuance of notice to the complainant/victim is not mandatory at the stage of discharge.
Reasoning: The CrPC does not impose such an obligation. However, courts may do so in the interest of justice, especially in serious offences.
βοΈ Satyapal v. State, 2019 SCC OnLine Del 10717
The High Court noted that even though victims have a right to participate, such rights kick in meaningfully at the trial stage.
At pre-trial stages like cognizance or charge, there is no express provision making notice to victim compulsory.
πΉ Key Takeaways:
| Legal Stage | Is Notice to Victim Mandatory? | Authority |
|---|---|---|
| Bail Hearing (serious offences) | β Yes (u/s 439(1A) CrPC) | Statutory |
| Cognizance by Magistrate | β No | Delhi HC Precedents |
| Framing of Charge / Discharge | β No | Reena Jolly case |
| Trial | β Victim can participate | CrPC + SC rulings |
πΉ Judicial Reasoning Behind the Principle:
No Express Provision: CrPC does not mandate prior notice to victim at all pre-trial stages.
Balance of Procedure: Pre-trial stages are preliminary; involving the victim at every step may delay proceedings.
Remedy Available: Victim can invoke revisionary jurisdiction (e.g., under Section 397 CrPC) if aggrieved.
Discretion of Court: Courts may still choose to issue notice in fit cases, especially where serious allegations or rights of the victim are involved.
πΉ Conclusion:
The Delhi High Court has consistently held that it is not mandatory for criminal courts to issue notice to the victim at the pre-trial stage, particularly during cognizance, framing of charges, or discharge proceedings β unless such requirement is specifically provided by statute (as it is in bail matters under Section 439(1A) CrPC).
However, courts retain discretion to involve the victim if the interests of justice demand it.
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