In a landmark judgement, the Delhi High Court has held that video recording of bail hearings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 cannot be done away with even in cases involving sexual offences.Justice Vikas Mahajan pronounced the decision and said Section 15A(10) does not make any exception as to the nature of offences, including the sexual offence; hence, video recording in each case filed under the Act was compulsory.Background of the Case The question, therefore, arose in a bail application under the SC/ST Act with accusations of sexual assault. The plea basically contended that since the case was a sexual offence, it must be kept out of the video recording to avoid invasion of privacy for the victim and the accused, and discretionary handling without the requirement of video documentation of the proceedings is the need of the hour for such sexual offences. However, the prosecution, which appeared for the complainant, contended that the law is explicit and provides no exceptions. The prosecution mentioned that Section 15A (10) of the SC/ST Act has made it obligatory that all proceedings, including bail proceedings, shall be video-recorded to bring about accountability and transparency in cases related to the marginalized community. Court's Ruling While pronouncing the judgment, Justice Vikas Mahajan held that video recording is indispensable in every bail proceeding which also includes those relating to sexual offenses under the SC/ST Act. It was pointed out that the statutory words and phraseology employed in Section 15A(10) are unmistakable and do not carve out an exception for any case. This provision was brought in to safeguard the interests of victims and witnesses in cases relating to atrocities against members of SC/ST communities so that judicial proceedings are conducted fairly and openly. In this regard, the court has laid great emphasis on the intent of the provision: creating faith in the judicial process, especially for victims from weaker sections who always experience obstacles in approaching justice. Videography of bail proceedings is, therefore, a tool for ensuring transparency and accountability so that the due process of law is not abused in any manner. Further, Justice Mahajan added that the apprehension of invasion of privacy and sensitivity of a sexual offence recorded material, would be taken care of by maintaining the confidentiality of the recorded material. Suitable guidelines shall have to be laid down so that video recordings are not misused or released to public view without permission and confidentiality is maintained regarding the privacy of individuals. Significance of the Ruling The Delhi High Court order interprets an intent under Section 15A(10) of the SC/ST Act without exception, even in cases of sexual offences too, video recording is mandatorily required.