Policing the line between publicity and justice, Pg10

Key Highlights:

• The Supreme Court of India is addressing a Public Interest Litigation (PIL) concerning the lack of a national media protocol for police publishing photographs of accused persons.
• Police commonly circulate images of arrested individuals on social media, often before they are produced before a magistrate.
• There is no clear legal statute permitting or prohibiting this practice, which relies on a patchwork of old regulations and precedents.
• The practice raises concerns regarding Article 21 (Right to Life and Personal Liberty) and the presumption of innocence.
• The Bureau of Police Research and Development (BPR&D) prepared a draft manual on media briefings by police personnel in July 2024.

Detailed Insights:

• The current practice of publishing accused persons' photos is often justified for crime solving, tracing absconders, and finding witnesses.
• Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 82 of the Code of Criminal Procedure or CrPC) allows courts to proclaim absconders but does not explicitly cover photographs at the investigation stage.
• Publication at the investigation stage is often based on general powers of an investigating officer and historical "Hue and Cry Notices" in State Police Manuals.
• Reward announcements are typically governed by State Police Regulations under the Police Act, 1861, as an exercise of administrative discretion.
• The Criminal Procedure (Identification) Act, 2022, governs the taking and storage of measurements, including photographs, for identification but not their public circulation.
• The Rajasthan High Court has termed such practices "institutional humiliation," noting the permanent and searchable nature of digital circulation.
• Specific categories like juveniles in conflict with the law and sexual assault survivors have protected identities, with strict red lines against disclosure.
• A uniform national protocol is needed to distinguish legitimate investigative disclosure from prejudicial publicity and mandate blackout categories.

Key Concepts Involved:

• Public Interest Litigation (PIL): A legal action initiated in a court of law for the protection of public interest.
• Presumption of Innocence: A fundamental principle of criminal law stating that any person accused of a crime is considered innocent until proven guilty.
• Article 21 of the Indian Constitution: Guarantees the right to life and personal liberty, which includes the right to dignity and a fair trial.
• Proclamation of Absconder: A judicial process where a court declares a person an absconder, typically after a warrant fails, to compel their appearance.