JJ Act | Media Can't Publish Identity Of Child Victim On Ground That It Was Done In Child's Interest: Karnataka High Court

The Karnataka High Court has recently dismissed a criminal petition filed by a journalist and an editor of a Newspaper Daily, accused of publishing a news report disclosing the identity of a child victim of assault. 2026 LiveLaw (Kar) 257The single judge bench of Justice Anant Ramanath Hegde upheld the ongoing prosecution under Section 74(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. While doing so, the court noted that the publication of a child's name or school details is prohibited irrespective of whether the child is a 'victim, witness, or in conflict with law'.“…No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published”, the court underscored in its order.For context, Section 74(1) of the Juvenile Justice Act, 2015, prohibits the publication of reports disclosing the name, address or other credentials of a child who is in conflict with law, a victim, a witness of a crime or in need of care and protection in any newspaper, magazine, media etc. Violation of the said provision is punishable with imprisonment of up to six months, a fine of up to two lakh rupees, or both.“…It is to be borne in mind that, children will be sensitive to many matters and publication of their name in the newspaper and publicity given to any incident involving the child, even if child is victim, may not be always in the interest of the child. The child may respond to such wide publicity in a different way which may not be in the interest of the child…”, the court noted further.The press reporter and the Editor of a Kannada Daily approached the High Court seeking the quashing of pending proceedings before Dandeli Magistrate Court for the offence under Section 74(1) of the JJ Act. Allegedly, the Kannada Daily published a newspaper report in January 2020 about an incident in a school where a teacher reportedly assaulted a minor student. An FIR was registered against the reporter and the editor, and the investigation against them was completed in the aftermath.The newspaper employees argued that the controversial report was published in order to 'secure justice for the child', and not with the purpose of tarnishing the minor's image.However, the court refused to agree with the contentions raised by the Newspaper.“…The petitioner cannot raise a defence that the publication is made in the interest of the child, keeping in mind the object of the enactment and also the legislative intent of the Section 74 of the Act of 2015”.The Court emphasized that the 2015 Act aims to provide comprehensive provisions for children in conflict with law and children in need of care and protection. The Act has the objective to ensure their basic needs through proper care, protection, development, treatment, and social reintegration by adopting a child-friendly approach.“…In case the child is a witness or child is in need of care and protection, the name of the child should not be disclosed and even if the child is a victim, the name of the child should not be disclosed…”, the court highlighted the legislative intent behind Section 74 of JJ Act.Accordingly, the criminal petition was dismissed by the High Court.Case Title: Girish Patil & Anr. V. State of Karnataka & Anr.Case No: CRL.P No. 101182 of 2022Citation: 2026 LiveLaw (Kar) 257Click Here To Read/ Download Order

JJ Act | Media Can't Publish Identity Of Child Victim On Ground That It Was Done In Child's Interest: Karnataka High Court

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JJ Act | Media Can't Publish Identity Of Child Victim On Ground That It Was Done In Child's Interest: Karnataka High Court

Sebin James

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