The Delhi High Court mandated the police commissioner and AIIMS medical superintendent to protect the identities of minor sexual assault survivors, emphasizing the importance of privacy. This ruling followed a case review under POCSO, leading to a reduced sentence for the accused due to insufficient evidence. The court ordered compliance reports to ensure identity protection.
New Delhi: The Delhi High Court has directed both the police commissioner and the medical superintendent of AIIMS to ensure that the identities of minor survivors of sexual assault are not disclosed under any circumstances.
This decision came during the hearing of a Protection of Children from Sexual Offences (POCSO) case, where the court expressed concern over the failure of an investigating officer to protect the identity of a minor victim.
Justice Dinesh Kumar Sharma, while addressing this serious issue, emphasized the importance of safeguarding the privacy and dignity of child survivors. On December 23, 2024, the court observed,
“The investigating officer failed to mask the identity of the victim in any manner, including during the medical examination. This reflects poorly on the investigating officer and the examining doctor concerned.”
The court took a stern view of this violation and ordered the authorities to ensure such incidents do not happen again. The judge added that the medical superintendent and police commissioner should be responsible for taking proactive steps to protect the identities of victims.
The court’s ruling referred to the Protection of Children Against Sexual Offences (POCSO) Act, the Indian Penal Code (IPC), and the Juvenile Justice Act, which all explicitly prohibit the public disclosure of a minor’s identity in cases involving sexual offences.
In light of this, the court instructed that a copy of the order be sent to the commissioner of police and the medical superintendent of AIIMS. They are to issue appropriate guidelines to ensure the victim’s identity is fully protected in such cases going forward, and a compliance report is to be submitted before the court.
The case itself involved an appeal against the conviction of a man accused of “aggravated penetrative sexual assault” under the POCSO Act. The individual had been sentenced to 20 years of rigorous imprisonment in 2021.
However, the High Court reviewed the case, including the minor’s statement made to the doctor and the statement made by the victim’s mother to the police. The court concluded that the case involved an attempted assault, rather than a completed crime, leading to a reduction in the convict’s jail term. The court ultimately sentenced the man to 10 years of imprisonment with a Rs 5,000 fine, acknowledging that the prosecution’s evidence did not meet the high standard of proof required in serious offences.
The judge further pointed out,
“If there is even the slightest of doubt, the benefit must go to the accused.”
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