Thursday, December 8, 2022

Karnataka HC Expunges Remarks On Rape Victim

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The Karnataka High Court has expunged the derogatory remarks made by Justice Krishna S Dixit on the conduct of the rape victim while granting bail to the rape accused.

Justice Krishna S Dixit while granting bail to the rape accused had made a remark in the order on the complainant that “the explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished”.

The remarks were highly criticized by women rights activists, writers and academicians calling the remarks “misogynistic” and “patriarchal”.

After witnessing widespread criticism and on application by the prosecution to expunge the remarks, Justice Dixit allowing the application observed “Taking note of the contents of respondent-State’s Application which is supported by the accompanying Affidavit and also the No Objection tendered by the petitioner-accused thereto, I deem it appropriate to expunge the last four lines occurring in para No.3(c) at Page 4 of the subject Judgment dated 22.06.2020, as sought for at para 5 of the said Application, the rest having been retained intact.”

Justice Dixit however clarified that “It hardly needs to be stated that the observations made by this Court in the subject Judgment being confined to consideration & disposal of the bail petition, shall not influence in any way the investigation of the offences alleged and the likely trial thereof.”

Read the order here;


-India Legal Bureau

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