(1) No report in any newspaper, magazine, news-sheet or audio-visual media or other form of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published:
Provided that for reasons to be recorded in writing, the Board or Committee, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.
(2) The Police shall not disclose any record of the child for the purpose of character certificate or any other purpose where the case has been closed so as to prevent stigmatisation.
(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.
Legal Commentary & Landmark Judgments: Section 74
Section 74 of the Juvenile Justice Act, 2015 imposes an absolute statutory ban against disclosing the identity, name, address, or likeness of any child involved in the juvenile justice or child protection system.
The proviso permits disclosure only by written order of the Board or Committee if such disclosure is in the best interest of the child. Sub-section (3) criminalizes any violation of this prohibition, prescribing imprisonment for a term which may extend to six months, or a fine which may extend to two lakh rupees, or both, enforceable against editors, publishers, news channels, and social media platforms.
Section 74 is a vital procedural safeguard safeguarding children's constitutional right to privacy under Article 21. By making identity disclosure a non-compoundable offence punishable by imprisonment and heavy fines, the law establishes a protective cordon, ensuring that juvenile proceedings do not destroy a young person's future dignity.