Today, On 20th November, The Delhi High Court has stayed the proceedings against BJP spokesperson Praveen Shankar Kapoor in a case linked to his social media post sharing a POCSO-related FIR. The court’s order brings temporary relief while the matter awaits further examination.
New Delhi: The Delhi High Court stayed the proceedings against Praveen Shankar Kapoor, the Delhi Bharatiya Janata Party (BJP) spokesperson, in relation to a case initiated after he shared an FIR concerning a Protection of Children from Sexual Offences (POCSO) Act incident on social media.
Justice Ravinder Dudeja announced that the trial court’s actions would be suspended until the High Court addresses the matter on March 23, 2026.
Kapoor came under police investigation in June 2021 after sharing the FIR related to the arrest of a 42-year-old woman alleged to have sexually assaulted and threatened a minor girl. His social media post included not only the FIR but also images of the accused.
The police contended that disclosing sensitive information about victims is against the law, prompting them to file an FIR under the POCSO Act.
The trial court recently charged Kapoor with violating Section 23 of the POCSO Act, which prohibits revealing the identities of victims and stipulates penalties of up to a year in prison for offenders.
Senior Advocate Pavan Narang, representing Kapoor, argued that the screenshots he shared were indecipherable, asserting,
“No person reading the tweet could have known the details/contents of the screenshot.”
Following the arguments, Justice Dudeja determined that the proceedings would remain on hold.
Legal Provisions Prohibiting Disclosure of a POCSO Victim’s Identity
1. Section 23, Protection of Children from Sexual Offences (POCSO) Act, 2012
It prohibits disclosing the identity of a child victim in any form.
Punishment under Section 23
- Violating this section is a criminal offence.
- Punishment: Imprisonment up to 6 months or fine or both.
2. Section 228A of the Indian Penal Code (IPC)
- Although primarily for rape victims, courts have applied it as an additional safeguard.
- It bars the publication of the identity of a sexual offence victim, including minors.
- Punishment: Up to 2 years imprisonment and fine.
3. Juvenile Justice (Care and Protection of Children) Act, 2015
Section 74 prohibits disclosure of the identity of:
- Children in conflict with law
- Child victims
- Children in need of care or protection
- Punishment: Up to 6 months imprisonment or fine or both.