Victim identity disclosure in sexual offence cases will invite disciplinary action: HC

Srinagar, Jul 24: The High Court of Jammu & Kashmir and Ladakh has directed presiding officers of trial courts to strictly adhere to the provisions of the Bharatiya Nyaya Sanhita, 2023, which prohibit the disclosure of the identity of victims of sexual offences.
In a circular, the High Court cautioned that any violation of this provision would attract disciplinary action as warranted under law.
“Now, therefore, all the Presiding Officers of the trial courts of the UTs of J&K and Ladakh are hereby impressed upon to ensure that they scrupulously adhere to the provisions of Section 72(1) of the Bharatiya Nyaya Sanhita, 2023, which prohibit disclosure of the identity of victims of sexual offences. Any violation in this regard shall entail disciplinary action as warranted under law,” the circular states.
The move follows reports that, in certain cases involving sexual offences, trial courts had disclosed the identity of victims in judicial orders and judgments, in blatant violation of statutory provisions and the law laid down by the Supreme Court.
The circular was issued on the directions of the Acting Chief Justice, who expressed displeasure over the manner in which trial courts were disregarding statutory safeguards, and directed that a suitable circular be issued to ensure strict compliance. (KNO)