Court Directs Strict Compliance with Anonymity Guidelines For POCSO Victim’s
The Jammu and Kashmir High Court has directed its Registry to immediately redact the name of a prosecutrix. This should be from identified pages in a criminal case. A bench of Justices Atul Sreedharan and Puneet Gupta directed the law enforcement agencies and forensic professionals to record only the POCSO victim’s parentage in cases under Section 376 IPC (rape) and the POCSO Act (child protection).
Background
The issue was raised after it was discovered that the victim’s name had been disclosed. It was present in multiple pages of the appeal memo. The court, citing Vipul Sexana & Others v. Union of India & Others (2019), stressed the need to sensitize all investigative bodies about Supreme Court guidelines on victim anonymity.
Court Orders Regarding Anonymity Od POCSO Victim’s
The court ordered that:
The police, forensic labs, and medical professionals must avoid recording the full name and address of victims.
All documents, including charge sheets and translations, must redact the prosecutrix’s name in compliance with legal protections.
Authorities must correct digital records to prevent further violations.
This ruling reinforces the judiciary’s commitment to protecting the identity of victims in sexual offence cases, ensuring compliance with established legal safeguards.
What Is POCSO Act?
The POCSO Act (Protection of Children from Sexual Offences Act) protects minors from sexual abuse and exploitation. It defines offenses, sets strict punishments, and ensures child-friendly procedures. Authorities must handle cases sensitively to safeguard victims’ rights.
What Is Section 376 of Indian Penal Code?
Section 376 IPC punishes rape offenses in India. It prescribes strict penalties, including life imprisonment or a minimum of ten years in severe cases. The law ensures justice for victims and holds offenders accountable. Courts consider factors like victim consent, force used, and the offender’s intent while delivering judgments.
