Supreme Court directs YouTuber Suraj Palakaran to apologise and donate for disclosing a child’s identity under the POCSO Act, stressing protection of minors’ privacy under Section.
Case in News:Supreme Court asks YouTuber to apologise for disclosing child’s identity in POCSO case, also suggesting a monetary donation . |
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Case Overview:
Case Name: Suraj V Sukumar @ Suraj Palakaran vs. State of Kerala, Diary No. 9256-2025
The Supreme Court of India, led by Justice Surya Kant and Justice Joymalya Bagchi, heard the plea of Kerala-based YouTuber Suraj Palakaran, who sought quashing of criminal proceedings for disclosing the identity of a child in a POCSO Act case . The bench suggested that Palakaran tender an unconditional apology and consider donating money since he profited from the video that led to the inadvertent disclosure . The Court emphasized accountability, while acknowledging that the act might not have been deliberate .
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Key Aspects:
Before deciding on the plea, the Court examined whether the disclosure was intentional and if Palakaran gained monetarily from it . The focus was on the extent of violation of privacy under child protection laws .
- The YouTuber’s channel “True TV” aired a story revealing details identifying a POCSO victim .
- He was charged under Section 228A IPC and Section 23 of the POCSO Act, 2012 .
- The Kerala High Court had earlier quashed the charge under Section 228A IPC but retained the one under the POCSO Act .
- The Supreme Court earlier stayed the trial, noting the police appeared to be “persecuting” rather than prosecuting him .
Legal Insights:
The Court reiterated the importance of safeguarding the identity of minors under the Protection of Children from Sexual Offences (POCSO) Act, 2012 particularly Section 23, which prohibits publishing details that reveal a child’s identity .
- Section 228A IPC penalizes disclosure of a victim’s identity in sexual offences .
- Article 482 CrPC empowers High Courts to quash criminal proceedings to prevent abuse of process .
- The Supreme Court highlighted that even inadvertent disclosures can violate statutory protection under POCSO .
- The bench suggested apology and donation as restorative measures acknowledging moral responsibility .
Court’s Verdict:
The Supreme Court directed Suraj Palakaran to consider offering an unconditional apology and a monetary donation for the inadvertent disclosure of a child’s identity . However, it refused to dispose of the case without hearing the State, keeping the matter pending for further consideration .
Source-Supreme Court of India
Read also – IPC
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