Code: Section 74 of The Juvenile Justice (Care and Protection of Children) Act, 2015
(1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published:
Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.
(2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise in the pending case or in the case which has been closed or disposed of.
(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.
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Explanation of Section 74 JJ Act
Section 74 of the Juvenile Justice Act aims to protect the identity and dignity of children involved in legal processes. This includes children in conflict with law, children in need of care and protection, and child victims or witnesses.
This provision prohibits any person or media outlet from publishing or broadcasting information that could reveal a child’s identity. This includes their name, photograph, address, school, or any details that may lead to their identification.
However, there is an exception. If the Juvenile Justice Board or Child Welfare Committee feels that disclosure is in the best interest of the child, they may allow it. But such permission must be justified in writing.
In addition, the police are not allowed to disclose the child’s records for character certificates or any other purpose—whether the case is ongoing or already closed.
Violation of this section is a punishable offense. The offender may face up to six months in jail, a fine up to ₹2,00,000, or both.
Key Takeaways:
- Identity of a child involved in any legal case must not be disclosed.
- Media and public communication must avoid publishing personal details or images.
- Police are also restricted from releasing records for character verification.
- Disclosure is allowed only with special written permission from the appropriate authority.
- Violation is a punishable criminal offense.
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Illustration
Let’s say a 15-year-old boy is involved in a petty theft case. A news channel reports the incident and shows the child’s name, photo, and school name. This violates Section 74. The journalist and the channel can be held liable and may face jail time or a monetary fine.
Now, imagine another case involving a child who was kidnapped but safely rescued. A newspaper wants to publish the child’s story. The Child Welfare Committee reviews the case and decides, in writing, that publishing the child’s experience may help create awareness about child safety. The Committee allows the story to be published—without disclosing the child’s identity.
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Common Questions and Answers on Section 74 JJ Act
1. Why is identity protection important under Section 74?
Protecting a child’s identity avoids social stigma, emotional harm, and public judgment. It ensures the child’s dignity and privacy during sensitive legal proceedings.
2. Can media publish a child’s story with their consent?
No, unless the Juvenile Justice Board or Child Welfare Committee specifically allows it in writing, even media consent is not enough.
3. Are police allowed to release a child’s record for character verification?
No. Police are restricted from sharing any child-related records, whether the case is pending or closed.
4. What is the punishment for violating this law?
The offender can be jailed for up to six months, fined up to ₹2,00,000, or both.
5. What if revealing the identity helps the child?
The Board or Committee may allow such disclosure, but only if it is considered beneficial for the child and the reasons are recorded in writing.
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Conclusion
Section 74 of the Juvenile Justice Act protects children from being exposed in public while they are involved in legal proceedings. It shields their identity, safeguards their future, and reinforces the core principle that every child deserves privacy and protection under the law.
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