Will Initiate Suo Motu Contempt Action Against Entire Department: Madras High Court Warns DGP Over Revelation Of Identity Of Child Sexual Assault Victim
The Madras High Court was considering a Petition seeking filing of charge-sheet in FIR registered for the offence under Section 64 of BNS, 2023 read with Section 4 of TN Prohibition of Harassment of Women, within a stipulated period of time.
Justice P. Velmurugan, Madras High Court
The Madras High Court has warned the DGP and Commissioner of Police that it will take suo-moto action against the department after the identity of a child sexual harassment victim was revealed in the FIR.
The Court was considering a Petition seeking filing of charge sheet in the FIR registered for the offence under Section 64 of BNS, 2023 read with Section 4 of TN Prohibition of Harassment of Women, within a stipulated period of time.
The Bench of Justice P. Velmurugan observed, "...the Director General of Police and the Commissioner of Police, Greater Chennai are directed to give strict instructions to all the Investigating Officers that the offences under certain sections as enunciated under the law and by the Hon'ble Supreme Court, especially, the sexual offences against children and women, the identification of the child/victim should not be revealed in any form and if any deviation is found, the entire police department would be held responsible and the Court will take stringent action by way of initiating suo motu contempt."
The Petitioner was represented by Advocate Rahul Jagannathan while the Respondent was represented by Government Advocate Dr.C.E.Pratap.
The Court noted that the victim's name was revealed in the FIR and pointed out that the law says that the identity of the victims of offence under Section 376 IPC should not be revealed.
"Further the Hon'ble Supreme Court of India has clearly given directions that the identifications of the victims of rape and sexual offences should not be revealed in any form. But the Investigating Officers are not following neither the law nor the directions of the Hon'ble Supreme Court," the Court observed.
It warned of action against the Police if the law in this respect is not followed and directed the Inspector of Police of the Respondent Police station to immediately remove the name of the victim from the FIR and other statement/records if any.
Cause Title: Sakthivel Ganesan vs. Megan Xavier
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