POCSO Act restrictions barring victim identification are often violated: Himachal Pradesh High Court

Last Updated on October 3, 2023 by News Desk

Issue –  The Himachal Pradesh High Court recently ordered the State government and the Director General of Police (DGP) to take steps to ensure that investigating officers follow the provisions of the Protection of Children From Sexual Offenses (POCSO) Act that prohibit the disclosure of identification details of child sexual abuse victims.

Facts of the case – The Court was considering an accused in a rape case’s bail application when it observed that the investigating officer had given the victim’s mother’s full name as well as the name of the school where the kid was enrolled.

It went on to say that there was evidence that the trial court had highlighted such things when recording the victim’s account. 

Arguments – Justice Virender Singh raised worry about the “impunity” with which Section 33(7) of the POCSO Act is being violated.

The law mandates special courts considering POCSO cases to guarantee that the minor victim’s identity is not revealed at any moment during the inquiry or trial.

Given the breach of Section 33 (7) of the POCSO Act, it is past time for this Court to take action.

Reasoning – The Director General of Police, Himachal Pradesh, is advised to provide required directions to all Investigating Officers in the State to comply to the provisions of Section 33 (7) of the POCSO Act through the Principal Secretary (Home) to the Government of Himachal Pradesh.

Judgement – Given that the trial in the case will not be completed anytime soon and that the primary prosecution witnesses had already been questioned, the Court granted bail to the defendants.

Case title – Naveen Thapa v State of Himachal Pradesh

Written by – Nikita Shankar