Disclosure of POCSO victim’s identity: SC suggests sensitization of judicial officers and police officers in West Bengal

In a recent order, the Supreme Court (SC) of India expressed concern over the disclosure of a minor victim’s name while recording her statement in the Protection of Children from Sexual Offences Act (POCSO Act). The SC bench suggested sensitization of judicial officers and police officers in West Bengal. The bench comprising Justice Sandeep Mehta and Justice PB Varale said, “We therefore feel that an exercise of sensitization of judicial officers as well as the police officers is required to be undertaken in the State of West Bengal so as to ensure strict compliance of this mandatory requirement.” It added, “A copy of this order shall be forward to the Registrar General of the High Court of Calcutta for being placed before the Hon’ble Chief Justice.” While delivering the order, the bench relied on judgment, Nipun Saxena vs. Union of India. 

During the proceedings, the bench was hearing an application seeking anticipatory bail filed on behalf of the accused petitioner. The SC noted “Having considered the submissions advanced by learned counsel for the petitioner and after going through the material available on record, we are of the view that the petitioner does not deserve indulgence of anticipatory bail.” It added, “However, before closing the matter, we must observe that the mandatory requirements of Section 33(7) of the POCSO Act and Section 228A of the I.P.C. have not been followed in this case inasmuch as while recording statements of the victim under Sections 164 and 161 of the Cr.P.C., her name is mentioned, and has not been masked as per law laid down in Nipun Saxena v. Union of India.” 

While dismissing the Special Leave Petitions (SLPs), the SC bench said that an exercise of sensitization of judicial officers and public officers is required to be taken by the State of West Bengal.