In a landmark ruling, the Kerala High Court has cancelled the bail of a POCSO Act accused because the survivor was not heard before the bail was granted. This judgment reinforces the 'right to be heard' for victims in serious crimes, citing specific provisions of the new Bharatiya Nagarik Suraksha Sanhita (BNSS) and POCSO Rules. It is a critical development for aspirants studying criminal procedure, victim rights, and recent legal reforms.
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- ›Court: Kerala High Court
- ›Judge: Justice C Pratheep Kumar
- ›Target this Legal Point: Section 483(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS) - special powers regarding bail.
- ›Target this Nodal Body: Kerala High Court (State-specific high court jurisdiction).
- ›Target this Procedure: Survivor must be heard before granting bail in serious offences like POCSO.
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