‘Onerous duty’ on courts to be a watchdog, prevent abuse of sexual assault provisions: Delhi HC

According to the accused, the two met at their workplace. After he found out that the woman was with another man, she broke off the relationship with the accused.

2 min readNew DelhiFeb 11, 2025 07:20 AM IST

Justice Neena Bansal Krishna was dealing with the bail plea of a man, accused of sexual assault by a woman, aged 24, with whom he was in a relationship for over a year. (File Image)

Granting bail to a man accused of sexual assault, the Delhi High Court Monday observed that an “onerous duty lies on the courts to be a watchdog” to prevent the abuse of the law.

Justice Neena Bansal Krishna was dealing with the bail plea of a man, accused of sexual assault by a woman, aged 24, with whom he was in a relationship for over a year.

According to the accused, the two met at their workplace. After he found out that the woman was with another man, she broke off the relationship with the accused.

While granting bail to the man, who had been in jail since May 30, 2024, Justice Krishna observed, “In the changing times, when women are emerging and becoming a relevant part of the workforce, it becomes the responsibility of the Legislature as well as the Executive to enact laws and implement them to ensure their safety and well-being… The courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection.”

“However, a more onerous duty lies on the courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person… In the present times… close proximity at the workplace results in consensual relationships which, on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults.”

While granting bail, the court imposed the condition that the accused man would not go “even in the vicinity of the house and workplace of the prosecutrix”.

Sohini Ghosh

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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