SUBRAMONIUM PRASAD
YASHDEEP CHAHAL – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The instant PIL has been filed highlighting the disclosure of the identity of a victim of gang-rape that took place in Hyderabad in November, 2019. It is stated that while covering the incident, the media houses have disclosed the name of the victim, her photographs along with other personal information. The Writ Petition has been filed with the following prayers:
(ii) To direct the respondents to initiate appropriate proceedings against the media houses and reported individuals in accordance with the law.
(iii) To issue fresh composite directions to the respondents to prevent the exposure of identity on online platforms, either directly or indirectly, extent of blurring required in publishing pictures and to ensure awareness regarding their due compliance.
(iv) To issue directions to prohibit the publication of pictures of the accused even before the trial has begun in the case.
(v) To direct the investigation authorities to conduct themselves in a restricted manner so as to prevent the supply of information on the merits of the case to the media and common public before the investigation is complete.
(vi) To order imm
Prohibition of Disclosure of Victim's Identity in Sexual Offense Cases
The court established that any publication revealing identifying details of a victim in sexual offence cases violates Section 228A of the IPC, regardless of whether the victim's name is mentioned.
Victims of sexual offenses, especially minors, are entitled to confidentiality in legal proceedings, allowing appeals without disclosing identities.
The main legal point established in the judgment is that statutory provisions and directions issued by the Supreme Court provide adequate safeguards to protect the interests of victims of sexual offe....
The court upheld the framing of charges against the petitioner for disclosing the identity of a minor victim, establishing a prima facie case based on evidence of involvement in the dissemination of ....
The victim is not a necessary party to a Criminal Appeal from conviction for offences against woman or child, punishable under provisions of the IPC or POCSO Act. No such appeal would be defective in....
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