Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Penal Code, 1860 – s.228A – Victims of sexual offences –Protection of their identity – Directions issued – Held: No personcan print or publish the name of the victim or disclose any factswhich can lead to the victim being identified and which should makeher identity known to the public at large – Copy of FIR relating tothe offence of rape against women shall not be put in the publicdomain – Sessions Judge/Magistrate/Special Court can for reasonsto be recorded in writing and keeping in view the interest of thevictim permit the copy of the FIR to be given to some person(s) –Authorities to which the name is disclosed are also duty bound tokeep the name and identity of the victim secret and not disclose it inany manner except in the report which should only be sent in asealed cover to the investigating agency or the court – Where avictim files an appeal, it can be filed by showing her name as ‘X’ or‘Y’ along with application for non-disclosure of the name of thevictim – Court can verify the details but in the material which isplaced in the public domain the name of the victim shall not bedisclosed – In cases where the victim is dead or of unsound mindthe name of the victim or her identity should not be disclosed evenunder the authorization of the next of the kin, unless circumstancesjustifying the disclosure of her identity exist, which shall be decidedby the competent authority – There may be situations where the nextof kin may be justified in disclosing the identity of the victim – Ifany such need should arise, an application to authorise disclosureof identity should be made only to the Sessions Judge/Magistrateconcerned who shall decide the application on the basis of the law– However, till date the Government has not identified any social orwelfare institutions to whom the next of kin should give theauthorization – If the Government wants to actually act u/s.228A(2)(c), it must before identifying such social welfare institution or organisation clearly lay down some rules or clear cutcriteria in this regard – Till that is done, the directions issued shallprevail – Constitution of India – Art.142 – Code of CriminalProcedure, 1973 – s.327(2).Protection of Children from Sexual Offences Act, 2012 – ss.23,24, 25, 33 and 37 – Children subjected to offences under the POCSOAct – Rights of – Held: No report in any media shall disclose identityof the child including name, address, photograph, family details,school, neighbourhood or any other particulars which may lead tothe disclosure of the identity of the child – FIR relating to offencesunder POCSO Act not to be put in the public domain – Purpose ofthe POCSO Act is to ensure that the identity of the child is notdisclosed unless the Special Court for reasons to be recorded inwriting permits such disclosure – This disclosure can only be madeif it is in the interest of the child and not otherwise – Directionsissued by the Calcutta High Court in Bijoy v. State of West Bengalare agreed with – Chairpersons and Members of all the JuvenileJustice Committee of all the High Courts in the country to go throughthe judgment of the Calcutta High Court and the directions issuedtherein and issue similar directions, keeping in view the particularneeds of each High Court/State – Directions issued – Judgment besent to the Registrar General of all the High Courts to be placedbefore the Chairpersons of the Juvenile Justice Committee of allthe High Courts for issuance of appropriate orders and directions.Words & Phrases – “matter which may make known theidentity of the person” – Meaning of – Held: Phrase “matter whichmay make known the identity of the person” in s.228A, IPC doesnot solely mean that only the name of the victim should not bedisclosed but it also means that the identity of the victim should notbe discernible from any matter published in the media – Penal Code,1860 – s.228A.Penal Code, 1860 – s.228A(2)(c) – If applicable to minors –Held: Where victim is a minor, s.228A(2)(c) will no longer applybecause of the enactment of POCSO which deals specifically withminors – Thus, the words ‘or minor’ should for all intents andpurposes be deemed to be deleted from clause (c) of sub-section (2)of s.228A, IPC.Words & Phrases – “any other particulars” – Interpretationof – Held: Phrase ‘any other particulars’ in s.23(2) of the 2012 Actwill have to be given the widest amplitude and cannot be read onlyejusdem generis – Intention of the legislature is that the privacy andreputation of the child is not harmed – Therefore, any informationwhich may lead to the disclosure of the identity of the child cannotbe revealed by the media – Protection of Children from SexualOffences Act, 2012 – s.23(2) – Interpretation of Statutes.Protection of Children from Sexual Offences Act, 2012 –s.23(4) – Offence under – When attracted – Held: Media is notonly bound not to disclose the identity of the child but by law ismandated not to disclose any material which can lead to thedisclosure of the identity of the child – Any violation of this will bean offence u/s.23(4) of the 2012 Act. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 1192 |
Petitioner | Nipun Saxena & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2018] 14 S.C.R. 755 |
Judgement Date | 2018-12-11 |
Case Number | 656 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |