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2018 Supreme(SC) 1238

MADAN B.LOKUR, DEEPAK GUPTA
NIPUN SAXENA – Appellant
Versus
UNION OF INDIA – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the protection of victim identity:

1. Prohibition on Disclosing Identity No person can print or publish the name of the victim or disclose any facts that could lead to the victim being identified or make her identity known to the public at large. This applies to print, electronic, and social media. (!) (!) (!)

2. Definition of "Identity" "Identity" is not limited to just the name. It includes any matter which may make the victim's identity known. This includes specific details like the name of the State Board Examination, the name of the village, or footage where the face is blurred but other identifying features (relatives, neighbors) are visible. (!) (!) (!)

3. Police Record Keeping Police officials must keep all documents disclosing the victim's name in a sealed cover. They should replace these documents with identical copies where the name is removed in all records open to public scrutiny. The sealed cover can be filed in court along with the report under Section 173 CrPC. (!) (!) (!)

4. Disclosure to Authorities Authorities receiving documents with the victim's name are duty-bound to keep the identity secret. They can only disclose it in reports sent in a sealed cover to the investigating agency or the court. These records cannot be furnished under the Right to Information Act, 2015. (!) (!) (!)

5. Authorization by Next of Kin (Dead/Unsound Mind Victims) Even with the authorization of the next of kin, the name or identity of a dead victim or a victim of unsound mind should not be disclosed unless circumstances justify it. Such applications must be made to the Sessions Judge, not automatically granted. (!) (!) (!)

6. Appeals by Victims If a victim files an appeal under Section 372 CrPC, they are not required to disclose their identity. They can file the appeal under a pseudonym (e.g., 'X' or 'Y') and enclose documents containing their real name in a sealed cover for verification by the court. (!) (!) (!)

7. Minor Victims under POCSO For minor victims under the Protection of Children from Sexual Offences (POCSO) Act, 2012, disclosure of identity is permitted only if the Special Court allows it in writing, and only if such disclosure is in the "interest of the child." Making a child a symbol of protest is generally not considered in their interest. (!) (!) (!)

8. Media Reporting Restrictions Media cannot report what transpired inside the court, the statements of the victim or witnesses, or evidence during in-camera trials. They can only report that a case was listed and that witnesses were examined, without revealing details. (!) (!) (!)

9. Judgments and Courts No court, including the Supreme Court, should indicate the name of the rape victim in its judgment. The anonymity of the victim must be maintained throughout the proceedings. (!) (!) (!)

10. One Stop Centres All States/Union Territories are directed to set up at least one 'one stop centre' in every district within one year. These centers should provide medical facilities, counseling, and have video conferencing capabilities to record statements without the victim needing to appear in court. (!) (!) (!)


JUDGMENT

Deepak Gupta, J.

1. How and in what manner the identity of adult victims of rape and children who are victims of sexual abuse should be protected so that they are not subjected to unnecessary ridicule, social ostracisation and harassment, is one of the issues which arises in these cases.

2. We are dividing this judgment into two parts. The first part deals with the victims of the offence of rape under the Indian Penal Code, 1860 (for short ‘IPC’) and the second part deals with victims who are subjected to offences under the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’).

3. In this judgment any reference to “media” will include all types of media including press, electronic and social media etc..

Ist Part

4. Unfortunately, in our society, the victim of a sexual offence, especially a victim of rape, is treated worse than the perpetrator of the crime. The victim is innocent. She has been subjected to forcible sexual abuse. However, for no fault of the victim, society instead of empathizing with the victim, starts treating her as an ‘untouchable’. A victim of rape is treated like a “pariah” and ostracised from society. Many times, even her family r

















































































































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