New Delhi: The Delhi High Court has issued a strong warning to the Delhi Police, directing strict compliance with laws protecting the identity of sexual assault survivors, particularly in cases registered under the Protection of Children from Sexual Offences (POCSO) Act.
The court categorically stated that the name, parentage, address, or any identifying details of a sexual assault survivor must not be disclosed in any court document, police report, or status report filed before judicial authorities.
Bail Plea Rejected
Justice Swarn Kanta Sharma, while hearing a POCSO case, rejected the bail plea of the accused and expressed serious concern over the manner in which the investigation was being conducted. The court observed that the status report filed by the investigating officer disclosed the name of the minor survivor, which is a clear violation of statutory safeguards.
Strict Directions to Police Officials
Taking a stern view of the lapse, the High Court directed the Commissioner of Police, Delhi, to issue immediate and clear instructions to all Deputy Commissioners of Police (DCPs), Station House Officers (SHOs), and Investigating Officers to ensure strict adherence to the law.
The court emphasized that no document filed before any court should contain the name, parents’ details, or address of a sexual assault survivor, and warned that such violations cannot be treated casually.
Court Expresses Serious Concern
Justice Sharma ordered that a copy of the judgment be forwarded to the concerned DCP as well as the Police Commissioner for information and strict compliance, underlining that the protection of a survivor’s identity is not merely procedural but a fundamental legal obligation.
Case Background
The High Court was hearing a case in which the accused allegedly lured a 12–13-year-old girl from her home in 2021 on false pretenses, confined her in a room, and sexually assaulted her. The victim was later rescued by her family members.
Defense Arguments Rejected
The accused claimed that he was in a consensual relationship with the minor’s mother and alleged that he was falsely implicated because the girl objected to their relationship. He further argued that due to COVID-19 restrictions in 2021, public movement was limited, casting doubt on the prosecution’s version of events.
However, the court rejected these arguments and refused to grant bail, reaffirming the seriousness of the allegations and the need to protect the dignity and privacy of the survivor.
A Clear Message from the Court
The High Court’s order sends a clear and uncompromising message to law enforcement agencies that any disclosure of a sexual assault survivor’s identity is a grave violation of the law and will not be tolerated under any circumstances.
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