Madhya Pradesh High Court directs statewide enforcement of free treatment for sexual-offence victims under BNSS.false

The applicant filed his fourth bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the Code of Criminal Procedure, in connection with Crime No. 95/2024, registered for offences including rape and gang rape.

He had been in custody since 23 March 2024; his three earlier bail applications had been dismissed.

The Court noted that the DNA report was positive for the applicant.

Reports before the Court stated that the prosecutrix was presently unable to depose and required further medical and psychological treatment.

The Court had also previously directed support measures to facilitate her testimony.

1. Whether the applicant was entitled to bail in the circumstances of the case, including the positive DNA report and the prior dismissals of his bail applications.

2. Whether further directions were required to secure the prosecutrix’s medical and psychological care, interim compensation, legal assistance, and ability to testify.

The Court considered the bail application under Section 483 of the BNSS, 2023/Section 439 of the CrPC.

It relied on Section 397 of the BNSS, 2023, which, as quoted in the order, requires public and private hospitals to provide immediate first aid or medical treatment free of cost to victims of specified offences and to inform the police.

The Court also referred to the victim’s entitlement to interim compensation under the applicable government scheme and to legal assistance through the District Legal Services Authority (DLSA).

On bail, the Court relied on the positive DNA report, the applicant’s continued custody, and the procedural history of three prior bail applications dismissed by the Court; it concluded that no case for bail was made out.

On victim support, the reports indicated that the prosecutrix required further treatment and was not yet able to depose.

The Court considered that the record did not establish whether interim compensation had been provided and identified the need for medical and psychological care, legal assistance, and transport to enable her appearance before the trial Court.

It also noted concerns about wider compliance with Section 397 of the BNSS.

It directed the Secretary of the DLSA, Mandsaur, to ensure interim compensation if it had not already been provided or was not in process; directed the DLSA to provide a competent and experienced advocate; and required the relevant duty holders to ensure the prosecutrix received medical and psychological care, counselling, and transport for her appearance before the trial Court.

The Additional Chief Secretary, Department of Medical Education, was directed to ensure compliance with Section 397 of the BNSS across the State and issue necessary directions to district authorities and private hospitals and diagnostic centres.