SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(Cal) 18

CALCUTTA HIGH COURT
, CJ
Prafulla Mura v. State of West Bengal


Table of Content
1. importance of victim identity protection in legal appeals. (Para 1 , 5 , 6)
2. legal provisions against victim identity disclosure. (Para 2 , 3)
3. court's emphasis on procedural integrity regarding victim identities. (Para 4 , 12)

1. The present appeal has been filed challenging an order of conviction under S.6 of the POCSO Act . Appellant has arrayed the minor victim as a respondent describing her by name and also disclosing her father's name. We are of the view such disclosure in the petition of appeal runs contrary to the provisions of S.33(7) of the POCSO Act as well as S.228A of the Penal Code, 1860 .

2. S.33 sub-section (7) of the POCSO Act reads as follows: -
'33. Procedure and powers of Special Court.
 xxxx xxxx xxxx
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
Explanation. - For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relativ














































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top