Does the POCSO Act, read with Section 72 of the Bharatiya Nyaya Sanhita, 2023, bar direct or indirect disclosure of the identity of any victim?
Coram: Justice J.B. Pardiwala · Justice K. Vinod Chandran
The POCSO Act, read with Section 72 of the Bharatiya Nyaya Sanhita, 2023, bars direct or indirect disclosure of the identity of any victim.
Yes. Section 72 of the Bharatiya Nyaya Sanhita, 2023 as well as Section 23 of the POCSO Act carry a strict statutory mandate prohibiting the disclosure, whether direct or indirect, of the identity of any victim of sexual assault or minor child. Media outlets, journalists and publishing platforms must remain mindful of their obligation to practice responsible, empathetic and restrained journalism, and sensationalist headlines and graphic or lurid descriptions of sexual violence risk causing severe secondary trauma to victims and their families.
Constitution of India — Art.21 — Bharatiya Nyaya Sanhita, 2023 — s.72 — POCSO Act — s.23 — Public spaces — Safety of women and children — Suo moto proceedings — (Interim order) Constitution of India — Art.21 — Public spaces — Dignity free from the fear of violence — Held: The right to live with dignity, free from the fear of violence, is an intrinsic facet of Article 21; public spaces cannot be permitted to become zones of high risk through inadequate illumination, poor surveillance or lax patrolling. (¶5, 6) Bharatiya Nyaya Sanhita, 2023 — s.72 — POCSO Act — s.23 — Media reporting — Identity of victim — Held further: Media reporting on sexual offences carries a profound constitutional and ethical duty, and Section 72 of the Bharatiya Nyaya Sanhita, 2023 and Section 23 of the POCSO Act carry a strict statutory mandate prohibiting direct or indirect disclosure of the identity of any victim. (¶17) Suo moto proceedings — Immediate steps — Status reports — Delhi-NCR — Held further: Pending the status reports, immediate steps are directed within four weeks: police teams to survey vulnerable pockets, a district-wise vulnerability map, and a lighting and CCTV audit, with an affidavit from the Registrar General on the Fast Track Special Courts. Matter posted on 5-10-2026. (¶12, 13, 20)
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