Nipun Saxena v. Union of India (2018)

This case explains how the identity of adult rape survivors and child victims of sexual abuse must be protected. The Supreme Court underlined strict confidentiality, careful handling of records, and closed-door (in-camera) hearings. It clarified that naming or hinting at the victim’s identity is not allowed, and authorities must ensure secrecy at every step.

1. How should Indian courts and authorities protect the identity of adult rape survivors?
2. Does the rule of non-disclosure also cover children under the POCSO Act, 2012?

• Section 228A IPC: Publishing the identity of a victim of certain sexual offences is prohibited.
• CrPC 327(2): Trials for sexual offences must be held in camera (closed court).
• POCSO Act: Children’s identities must be kept confidential at all stages.

Even next of kin cannot authorize disclosure unless a competent authority permits it, and only in narrow situations (e.g., deceased or incapacitated victims with safeguards).

The Supreme Court stressed that the identity of victims must not be revealed at any stage. It read Section 228A IPC strictly and linked it with CrPC 327(2) to require closed-door hearings. It further clarified that publication of any matter relating to such proceedings must not allow identification of the victim. Authorities must seal and mask details in all papers, orders, and disclosures.

The Court also encouraged setting up one-stop centres in each district to offer medical, legal, and counselling support at a single place, reinforcing a victim-centric system.

No public disclosure of identity of survivors of sexual offences. Proceedings are in-camera; records must be anonymized. Any exception needs strict authorization and safeguards.

• Protects dignity and safety of survivors.
• Builds trust in reporting and investigation.
• Gives uniform guidance to police, media, and courts.
• Aligns with child-centric protection under POCSO.

1. Do not name or hint at the victim’s identity in any public document or media.
2. Hold trials in-camera under CrPC 327(2).
3. Mask details across FIRs, orders, charge-sheets, and judgments.
4. POCSO adds stricter care for children’s confidentiality.
5. Set up support via district one-stop centres.

Mnemonic: “Name? No. Camera? Close. Child? Conceal.”

1. Name? No: Never disclose identity (Sec. 228A IPC).
2. Camera? Close: In-camera trials (CrPC 327(2)).
3. Child? Conceal: Extra confidentiality under POCSO.

Issue: How to ensure non-disclosure of identity of adult rape survivors and child victims?

Rule: Section 228A IPC, CrPC 327(2), and POCSO confidentiality.

Application: Courts, police, and media must anonymize; proceedings are in-camera; exceptions need permission and safeguards.

Conclusion: Identity protection is mandatory; uniform guidelines strengthen survivor-centric justice.

In-camera

Proceedings held privately without public or press.

Anonymize

Remove names or details that can identify a person.

POCSO

Protection of Children from Sexual Offences Act, 2012.