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Supreme Court of India· 28 September 2026

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?

IN RE: RECENT RAPE INCIDENTS IN DELHI NCR
2026 INSC 1063 · Suo Moto Writ Petition (Criminal) No. 6 of 2026
Coram: Justice J.B. Pardiwala · Justice K. Vinod Chandran
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Answer

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.

Headnote

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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In the Court's own words
Paragraph 17Before concluding, we find it imperative to observe that media reporting on sexual offences carries a profound constitutional and ethical duty. Media outlets, journalists, and publishing platforms must remain deeply mindful of their solemn obligation to practice responsible, empathetic, and restrained journalism in such matters. Sensationalist headlines, graphic or lurid descriptions of sexual violence, and insensitive phraseology fail to serve any public interest and risk causing severe secondary trauma to victims and their families. Furthermore, all print, electronic, and digital media organizations are reminded of the strict statutory mandate under Section 72 of the Bharatiya Nyaya Sanhita, 2023 as well as Section 23 of the POCSO Act, prohibiting the disclosure, whether direct or indirect, of the identity of any victim of sexual assault or minor child. Headlines and reportage must prioritize dignity, factual accuracy, and institutional accountability over sensationalism, ensuring that the discourse remains centered on justice and safety.
Acts & Sections
Art. 21 Constitution of Indias.72 Bharatiya Nyaya Sanhita, 2023s.23 Protection of Children from Sexual Offences Act, 2012

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Also decided in this judgment
Is the right to live with dignity, free from the fear of violence, an intrinsic facet of Article 21 of the Constitution?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections