RAPE SURVIVORS BELOW 16 MUST BE HEARD BEFORE PASSSING BAIL ORDER: KARNATAKA HIGH COURT The Karnataka High Court stated that as per Section 439(1A) of the Code of Criminal Procedure (CrPC), the presence of the informant is mandatory during hearing of bail application in relation to an offence of rape against a girl below 16 years. As per law, it is the age of survivor at the time of incident that is relevant and not the age on the date of lodging of complaint. Therefore, the Court, cancelled the bail of an accused on the ground that the trial court erred in not granting an opportunity to the victim to be heard before passing the bail order. The Public Prosecutor and the counsel for the accused were given an opportunity to be heard, no such opportunity was given to the victim/complainant. The trial court did not accept the argument that the provision did not have to be complied with as the victim was 17 years old on the date of lodging the complaint, observing that the Karnataka High Court has to take note of the age of the minor girl on the date of the offence and not on the date of the complaint. The Karnataka High Court ordered that the bail order be set aside and the accused be arrested and sent to custody. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes. We are regularly involved in representation in the district and high courts in India.