Prohibition of Disclosure of Victim's Identity in Sexual Offense Cases

JUDGMENT

1. This criminal miscellaneous application under Section 482 CrPC has been filed by the applicant seeking necessary directions to remove/delete name of father of the victim as also her residential address which leads to disclosure of her identity, from the order of this Court dated 18.10.2021 passed in SB Criminal Miscellaneous Petition No.5536/2021.

2. Learned counsel for the petitioner, relying upon a judgment of Hon'ble Supreme Court of India in case of Nipun Saxena & Anr. versus Union of India & Ors.: (2019) 2 SCC 703, submitted that identity of the victim of an offence of rape and/or under the Protection of Children from Sexual Offences Act, 2012 (for brevity "the POCSO Act) cannot be published in public domain. He submits that the order of this Court 18.10.2021 in the aforesaid criminal misc. petition has been published on the website of this Court which discloses identity of the victim of the offence of rape and hence, suitable direction be issued to delete the order from the official website.

3. Learned Government Advocate cum Additional Advocate General agreed with the submissions made by the learned counsel for the petitioner.

4. Heard. Considered.

5. Relying on the provisions of Section 228-A IPC, Section 74 of Juvenile Justice (Care and Protection of Children) Act, 2015 & Section 23 of the POCSO Act, the Hon'ble Supreme Court of India has, in case of Nipun Saxena & Anr. (supra), directed that identity of victim of an offence of rape or under the POCSO Act shall not be disclosed in any manner. Recently, a Division Bench of Hon'ble Bombay High Court has, in case of Sangita versus the State of Maharashtra & Ors.: 2021ALLMR(Cri)1131, issued following directions in addition to directions issued by the Hon'ble Apex Court of India in case of Nipun Saxena & Anr. (supra):-

"15. The Honourable Supreme Court has dealt with the aspect of disclosure of the identity of the victim while preferring appeal. However, there can be disclosure of identity of victim while recording evidence during trial, recording statement of the accused under Section 313 of the Code of Criminal Procedure, framing charge, submitting remand report by the police. To avoid disclosure of identity of victim in the same, we propose, in addition to the directions of the Honourable Supreme Court in Nipun Saxena (supra), to issue the following directions to the print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc.

The print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc. while giving information/circulating information relating to offences under section 376, 376-A, 376-B, 376-C, 376-D or 376-E of the Indian Penal Code and the offences under Protection of Children from Sexual Offences Act, shall not publish/disclose following information in such a manner that the victim will be identifed directly or indirectly :-

i) The names of the parents or relatives of the victim.

ii) Relation of the accused with the victim.

iii) Residential/occupational/work address of the accused and the victim and the village at which the victim and/ or accused live.

iv) Occupation of the parents or other relations of the victim and place of work of the victim and accused /their parents or any other relative in such a manner that the victim will be identifed.

v) If the victim is a student, name of the school or college or any other educational institution or private coaching class or classes which the victim has joined for pursuing her hobbies such as music, drawing, dance, stitching, cooking etc.

vi) Details of family background of the victim."

6. Indisputably, the cause title of the SB Criminal Miscellaneous Petition No.5536/2021 as mentioned in the order of this Court dated 18.10.2021 discloses identity of the victim therein.

7. In these circumstances, the criminal miscellaneous application deserves to be allowed in following terms:-

1. The order dated 18.10.2021 passed