POCSO- Bombay HC Imposes ₹10k Cost On Advocate For Mentioning Name Of Victim’s Mother In Petition

The Bombay High Court has imposed cost of Rs. 10000 on an Advocate for mentioning the name of prosecutrix’s mother in the petition and in the cause-title despite the mandate of Protection of Children from Sexual Offences Act.

The bench of Justice Revati Mohite Dere and Justice Prithviraj K. Chavan said that the cost has to be paid to Kirtikar Law Library, Mumbai, within one week.

“Despite the mandate of Protection of Children from Sexual Offences Act ('POCSO Act'), the learned counsel for the petitioner has mentioned the name of the prosecutrix’s mother in the petition and in the cause-title as well as annexed the photographs, chats, emails.

For the same, we impose costs of Rs.10,000/- on the learned counsel for the petitioner.”, the Court held.

The Court directed the counsel for the petitioner to mask the name of the prosecutrix’s mother in the cause title and wherever it appears in the petition and directed to replace it with an alphabet.

“Accordingly, leave to amend is granted to the learned counsel for the petitioner to mask the name of the respondent No.2 (prosecutrix’s mother) in the cause title and wherever it appears in the petition and replace it with an alphabet. Amendment is also granted to remove the photographs annexed to the petition. The said amendment to be carried out forthwith.”, the Court directed.

A few days ago, the Court had imposed Rs.5000 costs on a Law firm for disclosing a rape survivor's name in the petition.

Cause Title- Suraj Sadashiv Shetty v. State of Maharashtra and Anr.

Click here to read/download Order