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Checking relevance for Gangadhar Narayan Nayak @ Gangadhar Hiregutti VS State of Karnataka...

Checking relevance for Vinod Katara VS State of Uttar Pradesh...

Checking relevance for Amanatullah Khan VS Commissioner of Police, Delhi...

Amanatullah Khan VS Commissioner of Police, Delhi - 2024 4 Supreme 686 : There is a prohibition on disclosing the identity of a child in conflict with law, a child in need of care and protection, a child victim, or a child witness of a crime through any report or document, including internal police records such as a ''''History Sheet''''. This prohibition applies even in the context of collecting evidence, and no details of minor relatives shall be recorded in a History Sheet unless there is evidence that the minor has or previously afforded shelter to an offender. The ''''History Sheet'''' is an internal police document and not publicly accessible, but extra care must be taken to ensure the identity of minor children is not disclosed in violation of law.Checking relevance for NIPUN SAXENA VS UNION OF INDIA...

NIPUN SAXENA VS UNION OF INDIA - 2018 0 Supreme(SC) 1238 : Under the Protection of Children from Sexual Offences Act, 2012, Section 23(2), the identity of a child victim, including a juvenile, should not be disclosed directly or indirectly during investigation or trial. This includes any particulars that may lead to identification, and the media has a duty to refrain from such disclosure. Disclosure is only permitted by the Special Court if it is in the best interest of the child. Section 24(5), 33(7), and 37 of the POCSO Act also reinforce that the identity of a child victim must not be disclosed at any stage, and the trial must be conducted in camera. Additionally, Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prohibits disclosure of a child’s name, address, school, or any other identifying detail in media reports or communications, except when permitted by the Board or Committee in writing for reasons recorded, if such disclosure is in the child’s best interest.Checking relevance for Nagendra Kumar VS State of Bihar...

Checking relevance for Chandra Mouli VS State of Kerala Represented By The Public Prosecutor...

Chandra Mouli VS State of Kerala Represented By The Public Prosecutor - 2024 0 Supreme(Ker) 471 : Under Section 33(7) of the POCSO Act, the Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial. This provision explicitly prohibits the disclosure of a juvenile''''s identity for any purpose, including the collection of evidence, and applies throughout the entire legal process.Checking relevance for Irfan Ansari, son of Furkan Ansari VS State of Jharkhand...

Checking relevance for X Juvenile VS Union Territory of J&K through Incharge Police Station, Supwal, Samba...

X Juvenile VS Union Territory of J&K through Incharge Police Station, Supwal, Samba - 2024 0 Supreme(J&K) 26 : The judgment explicitly prohibits the disclosure of a juvenile''''s identity, including name, address, school, or any other particulars that may lead to identification, for the purpose of collecting evidence or in any other context. This prohibition is mandated under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and reinforced by judgments of the Hon’ble Supreme Court and various High Courts. The court emphasized that there is a clear legal ban on publishing the picture of a juvenile in conflict with law, regardless of the purpose, including evidence collection. The failure of the Principal Magistrate, Juvenile Justice Board, and appellate court to maintain secrecy regarding the juvenile’s identity was specifically criticized, indicating that even in the context of evidence gathering, the juvenile’s identity must remain protected.Checking relevance for Juvenile ‘X’ through his Father VS State of U. P. ...

Checking relevance for Om Prakash VS State of Rajasthan...

Checking relevance for ASHWANI KUMAR SAXENA VS STATE OF M. P. ...

Checking relevance for Jarnail Singh VS State of Haryana...

Checking relevance for Jitendra Singh @ Babboo Singh VS State of U. P. ...

Checking relevance for Satish @ Dhanna VS State of M. P. ...

Checking relevance for Arnit Das VS State of Bihar...

Checking relevance for Rabin Burman S/o Adar Burman VS State of Sikkim...

Rabin Burman S/o Adar Burman VS State of Sikkim - 2017 0 Supreme(Sikk) 52 : The identity of a child (including a juvenile) must not be disclosed during the collection of evidence under the POCSO Act, 2012. The Investigating Officer must ensure that all materials collected during investigation, including documents and photographs, are guarded against disclosure of the child''''s identity. Any such materials that may reveal the child''''s identity shall not be disclosed to the public media or to any person not involved in the administration of criminal justice. Copies or certified copies of such materials must be issued with necessary masking of the child''''s identity. The Special Court must also ensure that the child''''s identity is not disclosed at any stage of investigation or trial, except in exceptional cases where disclosure is in the child''''s interest and is properly recorded in writing. The use of pseudonyms or other appropriate means is mandatory to protect the child''''s identity throughout the judicial process.

Disclosure of Identity of Juvenile for Collection of Evidence

• Legal Prohibition on Disclosure: Sections 74 and 99 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prohibit the public disclosure of a juvenile's identity, including name, address, photographs, or any details that may reveal their identity. Disclosure is only permitted if the Special Court records in writing that such disclosure is in the interest of the juvenile.References: ["RAJA HALDER Vs STATE NCT OF DELHI - Delhi"], ["ANUJ KUMAR Vs State - Allahabad"], ["SMT RASHMI SARANG @ SMT RASHMI v/s THE POLICE INSPECTOR - Karnataka"]

• Exceptions and Conditions: Disclosure may be permitted during investigations or proceedings if deemed necessary for the investigation or in the child's best interest, but such permission must be explicitly recorded by the court or authority. The courts emphasize protecting the child's privacy to prevent lasting trauma.References: ["ANUJ KUMAR Vs State - Allahabad"], ["ANUJ KUMAR Vs State - Allahabad"], ["SMT RASHMI SARANG @ SMT RASHMI v/s THE POLICE INSPECTOR - Karnataka"]

• Implications for Evidence Collection: During investigations, evidence such as fingerprints, blood-stained clothes, or weapons may be collected from the juvenile in conflict with the law. However, the identity of the juvenile must still be protected unless specific circumstances justify disclosure, which must be justified and recorded by the court.References: ["KADALI KODANDARAMU @ RAMU and ANOTHER vs THE STATE OF A.P. - Andhra Pradesh"], ["ANUJ KUMAR Vs State - Allahabad"]

• Judicial Discretion and Best Interest: The courts recognize that disclosure can be permitted in the child's best interest, but only with explicit, reasoned orders. The intention is to ensure that the juvenile's rights and privacy are prioritized over procedural needs.References: ["ANUJ KUMAR Vs State - Allahabad"], ["SMT RASHMI SARANG @ SMT RASHMI v/s THE POLICE INSPECTOR - Karnataka"]

• Main Insight: The overarching principle is the strict confidentiality of juvenile identities in criminal proceedings, with legal provisions requiring explicit judicial approval for any disclosure, primarily to safeguard the child's psychological well-being and future prospects.

Conclusion

The law mandates strict confidentiality regarding the identity of juveniles involved in criminal cases, including during evidence collection. Any disclosure outside the prescribed conditions is prohibited unless explicitly authorized by a competent court, ensuring the child's privacy and protection are prioritized throughout judicial proceedings.

References:- Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 74, 99, 228-A- Case laws and orders emphasizing confidentiality and conditions for disclosure.