Section 23 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Procedure for Media under POCSO Act, 2012
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to safeguard children from sexual abuse and exploitation. Section 23 specifically regulates media conduct, ensuring that while cases are reported, the privacy, dignity, and welfare of child victims are fully protected.
Procedure under Section 23
Section 23 prohibits the media from disclosing any information that may reveal the identity of a child involved in a sexual offence case. “Identity” includes the child’s name, address, school, photograph, family details, or any other information that could lead to recognition.
Disclosure is permitted only if the Special Court, after considering the child’s best interests, grants approval. Even with consent from the child (if sufficiently mature) or their parent/guardian, revealing the child’s identity requires the Court’s explicit permission.
Punishment
Violation of Section 23 carries legal consequences, including:
- Imprisonment up to six months, or
- A fine, or
- Both imprisonment and fine.
Significance of the Provision
Section 23 aims to prevent secondary victimization by shielding children from social stigma, harassment, or psychological harm caused by public exposure. By regulating media reporting, it promotes responsible journalism while prioritising the rights, dignity, and welfare of child victims.
Conclusion
Section 23 strikes a careful balance between freedom of the press and the best interests of children. By restricting the disclosure of a child’s identity in sexual offence cases, the law ensures victims are protected from further trauma and exploitation while guiding media professionals toward ethical, sensitive, and responsible reporting.