Section 23 POCSO: Procedure for media
Protection of Children from Sexual Offences Act, 2012
Section 23 POCSO at a Glance
Section 23 POCSO bars the media from reporting on a child without complete and authentic information, and from disclosing a child's identity unless the Special Court permits it. Violators face 6 months to 1 year of imprisonment, a fine instead of imprisonment, or both.
6 months to 1 year, or fine, or both
Section 23 POCSO Bare Act Text
23. Procedure for media.
(1) No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy.
(2) No reports in any media shall disclose, the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child:
Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under the Act, may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
(3) The publisher or owner of the media or studio or photographic facilities shall be jointly and severally liable for the acts and omissions of his employee.
(4) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less than six months but which may extend to one year or with fine or with both.
Section 23 POCSO in Simple Words
Section 23 POCSO regulates media reporting on children and punishes unverified reports or the disclosure of a child's identity. Under Section 23(1) POCSO, no person may make a report or present comments on any child from any form of media, studio, or photographic facilities without having complete and authentic information, where the report or comment may have the effect of lowering the child's reputation or infringing upon the child's privacy.
Under Section 23(2) POCSO, no report in any media may disclose the identity of a child. This prohibition covers the child's name, address, photograph, family details, school, neighbourhood, or any other particulars that may lead to the disclosure of the child's identity. Under the proviso to Section 23(2) POCSO, the Special Court competent to try the case under the Act may permit disclosure if, in the opinion of the Special Court, such disclosure is in the interest of the child and the Special Court records its reasons in writing.
Section 23(3) POCSO makes the publisher or owner of the media, studio, or photographic facilities jointly and severally liable for the acts and omissions of an employee. Under Section 23(4) POCSO, any person who contravenes Section 23(1) or Section 23(2) POCSO is liable to be punished with imprisonment of either description for not less than 6 months and up to 1 year, a fine instead of imprisonment, or both.
Ingredients of Section 23 POCSO
- Under Section 23(1) POCSO, a person makes a report or presents comments on a child from any form of media, studio, or photographic facilities without complete and authentic information, which may lower the child's reputation or infringe upon the child's privacy.
- Under Section 23(2) POCSO, a report in any media discloses the identity of a child (including name, address, photograph, family details, school, neighbourhood, or any other identifying particulars).
- Under Section 23(3) POCSO, the publisher or owner of the media, studio, or photographic facilities is jointly and severally liable for the acts and omissions of an employee.
Punishment Under Section 23 POCSO
6 months to 1 year, or fine, or both
Fine instead of or with imprisonment
POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for less than 3 years is non-cognizable and bailable. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.
Under Section 23(4) POCSO, contravening Section 23(1) or Section 23(2) POCSO is punishable with imprisonment of either description for a minimum of 6 months and up to 1 year, a fine instead of imprisonment, or both. The offence is bailable, non-cognizable and non-compoundable. Under Section 28 POCSO, the offence is tried by the Special Court.
Example of Section 23 POCSO
When Section 23 POCSO Does Not Apply
- Under the proviso to Section 23(2) POCSO, the Special Court competent to try the case has permitted the disclosure of the child's identity for reasons recorded in writing after forming the opinion that disclosure is in the interest of the child.
FAQs on Section 23 POCSO
What is Section 23 POCSO?▼
Section 23 POCSO sets rules for the media to protect the privacy, reputation, and identity of children. It prohibits unverified reports or comments that may harm a child's reputation or privacy and bans disclosing any detail that may identify a child, punishing violations with 6 months to 1 year of imprisonment, a fine instead of imprisonment, or both.
Can a news report avoid violating Section 23(2) POCSO by hiding the child's name while naming the child's school or neighbourhood?▼
No. Section 23(2) POCSO prohibits disclosing not only the child's name and photograph, but also the child's address, family details, school, neighbourhood, or any other particulars that may lead to disclosure of the child's identity.
Can a child's identity ever be disclosed in the media under Section 23 POCSO?▼
Yes. Under the proviso to Section 23(2) POCSO, the Special Court competent to try the case may permit disclosure for reasons recorded in writing if, in the opinion of the Special Court, disclosure is in the interest of the child.
Is the owner or publisher of a media organization liable if an employee discloses a child's identity?▼
Yes. Section 23(3) POCSO provides that the publisher or owner of the media, studio, or photographic facilities is jointly and severally liable for the acts and omissions of an employee.
Can a court impose only a fine under Section 23(4) POCSO even though imprisonment has a 6-month minimum?▼
Yes. Section 23(4) POCSO states that a violator is punishable with imprisonment for not less than 6 months and up to 1 year, or with a fine instead of imprisonment, or with both. If the court chooses to impose imprisonment, the term cannot be less than 6 months, but the court may impose a fine instead of imprisonment.
Have questions about Section 23 POCSO?
Ask NyayGuru about your situation and get an answer based on the Protection of Children from Sexual Offences Act, 2012.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·