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Exposing victim's identity: Bombay High Court on live-streaming of sensitive cases

Exposing victim's identity: Bombay High Court on live-streaming of sensitive cases

India Today2 days ago
A bench of the Bombay High Court on Monday raised concerns over the live-streaming of court proceedings involving sensitive matters. The judges stated that they would adhere to the guidelines laid down by the Supreme Court on the issue.The bench, comprising Justices AS Gadkari and Rajesh S Patil, observed during proceedings that most cases before them involved crimes against women.advertisement'Hardly 20 to 25 percent of the cases fall under the UAPA or other such laws. Nearly 70 percent are related to crimes against women,' Justice Gadkari noted.
The judges highlighted that under Section 228A of the Indian Penal Code, disclosing the identity of victims in certain offences is punishable. Similar restrictions exist under special statutes such as the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice (JJ) Act, where revealing the identity of a victim is a criminal offence.The observations came when the court was about to hear a case seeking the quashing of an FIR by mutual consent. A man and a woman were present for the hearing, and the live-streaming feature was active. The bench remarked that through live-streaming, anyone could access the proceedings, potentially exposing the victim's identity.The judges then asked the Additional Public Prosecutors present in court to suggest ways to address the issue.In response, Additional Public Prosecutor Ajay Patil referred to the Bombay High Court's rules on the live-streaming and recording of court proceedings. These rules aim to promote transparency, inclusivity, and greater access to justice. To support these goals, the court has developed infrastructure and a legal framework enabling live-streaming.Framed under Article 225 and Article 227 of the Constitution, or relevant statutes where applicable, these rules apply to the Bombay High Court and to courts and tribunals under its supervisory jurisdiction.However, the rules explicitly exclude certain categories from live-streaming. These include matrimonial cases, child custody and adoption matters, transfer petitions arising from them, cases involving sexual offences including rape under Section 376 of the IPC, gender-based violence against women, and proceedings under the POCSO and JJ Acts.The bench reviewed the rules but has yet to issue a formal directive on the matter.The live-streaming facility was inaugurated last month in Mumbai by Chief Justice of India BR Gavai. Currently, proceedings from 12 benches at the principal seat of the Bombay High Court, along with three courts each from the Aurangabad and Nagpur benches, and two courts in Goa, are being live-streamed.- EndsMust Watch
IN THIS STORY#Mumbai#Supreme Court
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