'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records

The Calcutta High Court on Monday issued practice directions in order to ensure that the identity of victims of sexual offences including minor victims under the POCSO Act are not disclosed in the pleadings and other records of the Court.

The directions were issued while adjudicating upon an appeal filed challenging an order of conviction under Section 6 of the POCSO Act wherein the appellant had arrayed the minor victim as a respondent describing her by name and also disclosing her father's name.

A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi observed that such a disclosure in the petition of appeal runs contrary to the provisions of Section 33(7) of the POCSO Act as well as Section 228A of the IPC. 

Opining that necessary amendments are required to be made to the rules of this Court to avoid such disclosure of identity of victims, the Court underscored, 

"In order to avoid illegal publication of identity and other particulars of victim of offences under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E of the Indian Penal Code as well as minor victims in the pleadings and/or documents filed before this Court, necessary amendments are required to be made to the rules of this Court."

Thus, the Court also ordered the Registrar General to place the matter before the Rule Committee of the Court for considering the issue of amendments of the rules of the Court so that the identity of victims of sexual offences including minor victims under POCSO Act are not disclosed in the pleadings and other records of the Court.

Reliance was also placed on the Supreme Court decision in Nipun Saxena v. Union of India wherein the Apex Court had observed that the identity of the victim when she is an appellant in a case of acquittal is not required to be disclosed.  The procedure of filing appeal without disclosure of identity had also been succinctly stated in the judgment. 

The Bench further noted that the Supreme Court in the aforesaid judgment had also observed that Clause (c) of sub-section (2) of section 228A of the IPC shall not apply and disclosure of identity can only be made by the Court in the interest of the child. 

Reliance was also placed on the Calcutta High Court judgment in Bijoy @ Guddu Das v. The State of West Bengal wherein similar directions with regards to non- disclosure of identity of a minor victim under POCSO Act had been stipulated. 

Furthermore, the Bench also directed the  Registrar (IT) to upload these directions in the official website of the High Court for spreading awareness amongst litigants and other stakeholders and to ensure due compliance of the statutory requirements of section 228A of the IPC and 33(7) of the POCSO Act including the directions laid down by the Supreme Court in Nipun Saxena v. Union of India.

Accordingly, the appellant was directed to redact the name of the victim and her father from the cause title of the petition and describe the victim as follows : 'x' (victim) represented through her father. Furthermore, to ensure minimum publication of the identity of the victim, the Court ordered that postal cover annexed with the affidavit of service must be filed before the Court in a sealed cover and shall not be opened save and except with the permission of the Court.

The matter is slated to be listed for further hearing after 2 weeks. 

Practice directions issued 

(a) No pleading in any proceeding pertaining to offences under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E of the Indian Penal Code as well as offences under POCSO Act filed before this Court shall disclose the identity of the victim, that is, the victim's name, parentage, address or any other particulars relating to her identity;

(b) Vakalatnama executed by the victim disclosing her identity shall be filed in a sealed cover;

(c) Affidavit sworn by the victim in the proceeding which by law requires disclosure of her identity shall be kept in a sealed cover. Redacted copy of the affidavit must also be filed which shall be kept as a part of the public records;

(d) Redacted copies of pleadings/ affidavits, documents and/or annexures shall be served upon the parties to the proceedings unless otherwise directed by the Court;

(e) All documents/ annexures filed in the proceedings disclosing identity of the victim shall be kept in sealed cover and wherever possible redacted copies shall be filed and kept as a part of the public records of the Court;

(f) Inspection of the documents/ annexures filed in the proceedings disclosing identity of the victim and kept in sealed cover shall be given only with the permission of the Court;

(g) A declaration shall be made in the body of the petition stating the identity of the victim, as aforesaid, has not been disclosed;

(h) In the event disclosure is made, declaration shall be made stating that the same has been made as per the authorisation in writing of the victim or in the event the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of the next of kin of the victim as per sub-section (2) of Section 228A of the Indian Penal Code;

(i) In case of a minor no disclosure of the identity of the victim shall be made without the permission of the Court and only in the interest of the victim;

(j) Without express order from the Court, Department concerned shall not receive pleadings in any matter pertaining to the aforesaid offences unless they are in conformity to the aforesaid directions;

 Case Title: Prafulla Mura v. The State of West Bengal & Anr

Case Citation: 2022 LiveLaw (Cal) 131

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