Supreme Court Asks YouTuber To Apologise & Donate Money For Disclosing Identity Of Child In POCSO Act Case

The Supreme Court today asked Kerala-based YouTuber Suraj Palakaran to consider tendering unconditional apology for disclosure of identity of a child in a POCSO (Protection of Children from Sexual Offences) Act case.A bench of Justices Surya Kant and Joymalya Bagchi was dealing with the YouTuber's plea to quash criminal proceedings initiated against him over the aforesaid disclosure. Besides an apology, it further asked him to consider making some monetary donation, since he made money out of the video which led to disclosure of the victim's identity."Identity of the child got disclosed, we are not saying that you disclosed...so maybe inadvertently, not deliberately...we are giving benefit of doubt to you. But mistake was committed. For mistake, you can think of tendering an unconditional apology...and you have minted money on the channel, donate something out of that...there's no compulsion, but you [can think of this]", said Justice Kant.Seeing what was falling from the bench, Palakaran's counsel informed that unconditional apology had already been tendered. He prayed that the matter be disposed of, however, the bench declined to do so without hearing the State.On April 1, the Supreme Court had stayed the trial in the case, being of the view that the police authorities appeared to be "persecuting" Palakaran instead of "prosecuting".BackgroundPalakaran runs a YouTuber channel by the name of 'True TV'. In one of his videos, he apparently sought to bring to light the plight of a woman, whose husband used their son to make false statements against her and got a case registered under POCSO Act. Subsequently, the proceedings against the woman were dropped, however, a case was registered against Palakaran on the allegation that after September 2020, he put necessary case inputs in the public domain which led to the disclosure of identity of the child (victim in a POCSO case).The prosecution case was that in the disputed news item, published through 'True TV', necessary inputs to identify the victim and his parents, inclusive of publication of their photographs could be noticed.Charged with offences punishable under Section 228(A) IPC and Section 23 of POCSO Act, Palakaran initially approached the Kerala High Court for quashing of the criminal case. However, his petition under Article 482 CrPC was allowed only to the extent of quashing of prosecution under Section 228(A) IPC, while that under Section 23 POCSO Act was directed to continue.Case Title: SURAJ V SUKUMAR @ SURAJ PALAKARAN Versus STATE OF KERALA, Diary No. 9256-2025

Supreme Court Asks YouTuber To Apologise & Donate Money For Disclosing Identity Of Child In POCSO Act Case

Debby Jain

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