

Gujarat High Court Refuses to Quash FIR Against Lawyer for Revealing POCSO Victim’s Identity
Court Criticizes Irresponsible Conduct, Rules Investigation Must Continue Despite Plea for Pardon
The Gujarat High Court has declined to quash a criminal case against a lawyer accused of revealing a minor victim’s identity during a media interview in a Protection of Children from Sexual Offences Act (POCSO) matter. Justice Nirzar S Desai sharply criticized the lawyer’s conduct, remarking that she acted irresponsibly as both a professional and a human, and that legal practitioners are expected to know and respect laws safeguarding victim privacy.
The alleged incident occurred in July 2025, when the lawyer, representing a minor girl in a POCSO-related suicide case, gave media interviews alongside the victim and her mother. The FIR against her was filed under Section 23(4) of the POCSO Act and Section 74(3) of the Juvenile Justice Act, which prohibit disclosure of a child victim’s identity. Challenging the FIR, the lawyer’s counsel claimed it was an inadvertent mistake and pleaded for leniency given her six years of practice; they also argued that the offence was non-cognizable, thus questioning the legitimacy of the FIR’s registration.
However, the Court held that seeking publicity by crossing the legal line cannot be considered merely an inadvertent error warranting pardon. It emphasized the seriousness of safeguarding victim identity, noting there is an inbuilt legal mechanism to protect privacy under the POCSO and Juvenile Justice Acts. Whether the conduct arose from bona fide intent or was an inadvertent mistake is a matter for investigation or trial.
The Court also dismissed the argument about the non-cognizable nature of the offence, observing that investigation was properly underway and that no challenge had been raised against the special court’s prior order permitting investigation. Concluding that a prima facie case existed, the High Court refused to grant relief simply because the accused is an advocate, affirming that the investigation must proceed to protect the integrity and objectives of statutory victim protections.