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Cops produce rape survivor in court without directions, ‘surprised’ judge initiates contempt action

According to the Allahabad High Court bench, the rape survivor had been deliberately produced before the court in order to disrupt proceedings.

allahabad high court rape survivor contempt 22The court noted that the SI who had brought the rape survivor initially disappeared from court and later stated that he had been instructed by “higher-ups” to bring her. (AI-generated image)

The Allahabad High Court has ordered the initiation of criminal contempt proceedings against two police officers after noting that the survivor in an alleged rape case was deliberately brought to court without any judicial direction.

A division bench of Justices J J Munir and Tarun Saxena remarked that it was “surprised” to learn from the additional government advocate during the dictation of the order that the prosecutrix was present in court along with a police officer, despite no direction having been passed requiring her production.

allahabad high court contempt case rape survivor Justices J J Munir and Tarun Saxena found that the conduct of the SHO and the sub-inspector was prima facie contumacious.

“As we were dictating the order in this case, we were suddenly told by the learned AGA (additional government advocate) that the prosecutrix is here along with a Sub-Inspector of Police. We were surprised because there is no order passed in this case summoning the prosecutrix or anyone from the Police requiring them to produce her,” the court noted in its order dated May 25.

‘Deliberately produced’

  • The court recorded that the alleged rape survivor started “shouting and wailing” from the public gallery and expressed a desire to speak. When called to the Bar, she allegedly started throwing tantrums, disturbing the proceedings, it added.
  • According to the bench, the prosecutrix had been deliberately produced before the court in order to disrupt proceedings at the instance of a station house officer (SHO).
  • The court further noted that the sub-inspector who had brought the prosecutrix initially disappeared from court and later stated that he had been instructed by “higher-ups” to produce her before the bench “so that this Court may learn what is the truth of the case”, it noted.
  • The bench found that the conduct of the station house officer and the sub-inspector was prima facie contumacious.
  • It directed registration of a separate criminal contempt case against them and ordered the matter to be placed before the appropriate bench dealing with criminal contempt matters.

Case

  • The case before the court related to a First Information Report (FIR) alleging abduction and gang rape, along with accusations that private videos of the prosecutrix had been recorded.
  • The bench noted that the allegations in the prosecutrix’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were specifically against one accused (second petitioner) and not against his father, who was one of the petitioners before the high court.
  • Section 183 of the BNSS empowers judicial magistrates to record the confessions of an accused or statements of a witness/victim during the investigation phase. It corresponds to Section 164 of the older Code of Criminal Procedure (CrPC).
  • While refusing to interfere with the FIR against the second petitioner, the court admitted the writ petition filed by his father and granted him protection from arrest till further orders in connection with the case.

Contempt action for threatening with gun

In another case, the Delhi High Court sentenced a man to a month’s imprisonment after finding him guilty of criminal contempt for threatening a court-appointed commissioner with a gun. Justices Prathiba M Singh and Rajneesh Kumar Gupta were, on October 29, 2025, hearing a suo motu case against a man who placed a gun on the table before the court-appointed commissioner during the inspection of the man’s office.

The bench held the man guilty, observing his conduct “clearly constitutes criminal contempt”. “Accordingly, in terms of Section 12 of the Contempt of Courts Act, 1971, the Contemnor is sentenced to undergo simple imprisonment for a period of one month along with Rs 2,000 as fine,” it held.

The section provides that a person found guilty of contempt of court may be punished with imprisonment for a term of up to six months, a fine of up to Rs 2,000, or both. However, the section also states that the accused may be discharged, or the punishment remitted, if he or she tenders an apology to the satisfaction of the Court, provided that such apology is made bona fide.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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