Procedure for media
Section 23 of the Protection of Children from Sexual Offences Act, 2012 deals with procedure for media. 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. The Act came into force on 14 Nov 2012.
(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, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Gangadhar Narayan Nayak @ Gangadhar Hiregutti v. State of Karnataka
Court's Decision & Legal Precedent
Judgement of Main Case order-6.pdf 2022-03-21 labelled. Crl.A. 451/2022. Indira Banerjee J. REPORTABLE. DATE-CHECK false positive on 2021-09-17 (Karnataka HC), 2018-04-19 (cognizance) and 2017-10-27 (news report) recited in the body; the document is the named 21 Mar 2022 merits (same Ghisalal/Thwaha/Eera FP pattern). Isolate: POCSO s.19 non obstante reporting duty applies to every offence under the Act including s.23 media-identity disclosure, so police may register and investigate without CrPC 155(2) Magistrate permission; s.23 itself prohibits naming a child victim in any media. Skip 31/33(9) (CrPC applies to Special Court trial, not a s.33 child-friendly-trial isolate). Do not pad CrPC 155. Do not pad POCSO 4/33/35.
On this section: POCSO s.23 prohibits any media report that discloses the identity of a child victim; the publisher/owner is jointly liable and the offence is covered by s.19 reporting (Gangadhar Nayak).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 23
What have the courts held on Section 23 of the Protection of Children from Sexual Offences Act?
Gangadhar Narayan Nayak @ Gangadhar Hiregutti v. State of Karnataka (21 Mar 2022) is the leading judgment on this section among those set out below: POCSO s.23 prohibits any media report that discloses the identity of a child victim; the publisher/owner is jointly liable and the offence is covered by s.19 reporting (Gangadhar Nayak).
How do I find court cases under Section 23 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 23, section 23 Pocso Act, section 23 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Gangadhar Narayan Nayak @ Gangadhar Hiregutti v. State of Karnataka (21 Mar 2022).
When did Section 23 of the Protection of Children from Sexual Offences Act come into force?
Section 23 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 23, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.