An allegation of a sexual offence is among the gravest a person can face, and the law responds with strict provisions and expedited trials. The Constitution nonetheless secures to every accused person the presumption of innocence and a fair trial. The chamber of Advocate Manish Jha provides that defence, soberly and within the bounds of the law.
The Presumption of Innocence
Every person accused of an offence, however serious, is presumed innocent until the prosecution proves guilt beyond reasonable doubt. This presumption is not a technicality; it is the foundation of criminal justice. In sexual offence trials — under Section 376 IPC for older cases and Section 64 BNS for offences on or after 1 July 2024 — the prosecution must establish each ingredient of the offence through legally admissible evidence.
Fair-Trial Rights of the Accused
- Legal representation: the right to counsel of one's choice, and to legal aid where the accused cannot afford counsel;
- Disclosure: the right to copies of the FIR, chargesheet, statements and documents relied upon by the prosecution;
- Cross-examination: the right to test every prosecution witness. In these trials cross-examination must be conducted with restraint and courtesy — the law forbids questions about the complainant's general character, and the court controls the process;
- The right to lead defence evidence and to be heard on sentence.
Bail and In-Camera Trial
Sexual offences are non-bailable and triable by the Court of Session, and bail is decided under Section 483 BNSS (earlier Section 439 CrPC) with close attention to the gravity of the allegations, the stage of investigation and the protection of the complainant. Trials are held in camera, the identity of the complainant is protected by law, and proceedings are expedited before designated fast-track courts. The defence must work within these safeguards while fully protecting the rights of the accused.
The Chamber's Position on Such Briefs
The Bar's settled ethical rule is that every accused person is entitled to a defence, and an advocate does not endorse the act alleged by appearing for the person accused of it. Advocate Manish Jha accepts defence briefs in sexual offence cases on this duty-bound principle, and conducts them with dignity towards the complainant and candour towards the court. The chamber appears at the stages of bail, charge, trial and appeal before the Delhi District Courts and the High Court of Delhi.
Frequently Asked Questions
Can a person accused of a sexual offence get bail?
Bail is not barred, but these offences are non-bailable and courts examine such applications closely. The court weighs the gravity and specificity of the allegations, the stage of investigation, the risk of influencing the complainant or witnesses, and the antecedents of the accused. Conditions protecting the complainant, such as no-contact directions, are usual where bail is granted.
Are trials in sexual offence cases open to the public?
No. The law requires such trials to be held in camera, meaning the public is excluded from the courtroom, and it prohibits disclosure of the complainant's identity. Publication of proceedings is restricted. These safeguards protect the complainant's dignity while the trial itself continues to observe the accused's full fair-trial rights, including cross-examination through counsel.
Why does the chamber defend persons accused of such offences?
Because the legal system depends on it. The presumption of innocence and the right to counsel apply to every accused person, and the rules of the Bar treat defence of the accused as a professional duty, not an endorsement of the alleged act. A fair conviction requires a fair defence. The chamber conducts these briefs soberly and with dignity towards all concerned.
What should a family do immediately after an arrest in such a case?
Ascertain the FIR number, police station and sections invoked, and ensure the arrested person exercises the right to counsel before making any statement. Engage an advocate promptly so that remand proceedings are attended, a bail application is considered on proper material, and copies of the FIR and remand orders are obtained. Avoid any contact with the complainant.