Himachal Pradesh HC Directs Strict Compliance with POCSO Act to Protect Victim Identities

The Himachal Pradesh High Court has directed the State government and the Director General of Police (DGP) to ensure strict compliance with the provisions of the Protection of Children from Sexual Offences (POCSO) Act, particularly those that prohibit the disclosure of identification details of child sexual abuse victims.

A bench of Justice Virender Singh expressed deep concern over the frequent and unabated violation of Section 33(7) of the POCSO Act. This provision mandates that special courts handling POCSO cases must ensure that the identity of child victims is not disclosed during the investigation or trial process.

The court ordered, “The Director General of Police, Himachal Pradesh, through the Principal Secretary (Home) to the Government of Himachal Pradesh, is directed to issue necessary instructions to all the Investigating Officers in the State to adhere to the provisions of Section 33(7) of the POCSO Act.”

Furthermore, the single bench pointed out the need for similar directives to be issued to judicial officers handling POCSO cases to ensure compliance with this crucial provision. It emphasized the urgency of addressing the violations of Section 33(7) of the POCSO Act.

The court’s attention to this matter arose during the bail application of an accused in a rape case when it became apparent that the investigating officer had disclosed detailed information about the victim’s mother and even mentioned the school where the child attended. The court noted that even the trial court had included such details when recording the victim’s statement.

Given the trial’s uncertain timeline and the examination of key prosecution witnesses, the court decided to grant bail to the accused.