The requirement under Section 15A to hear the victim or his dependent in any procedure for bail, discharge, release, parole, conviction, or sentence is a critical requirement that should be carefully enforced, according to the Supreme Court.
The Supreme Court held on Friday that a victim under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) or his dependent should be heard in any case under the SC/ST Act as specified in Section 15A of the Act (Bhoopendra Singh v. the State of Rajasthan).
The requirement under Section 15A to hear the victim or his dependent in any procedure for bail, discharge, release, parole, conviction, or punishment is an important imperative under the Act, according to the Supreme Court, and should be strictly construed and enforced.
The Court observed, “These are very important protections that are in place to benefit members of the community who are subjected to discrimination and prejudice, and these provisions must be properly read and implemented.”
As a result, a Bench of Justices DY Chandrachud and BV Nagarathna overturned a Rajasthan High Court judgment that had granted bail to the accused without following Section 15A mandate.