Report No. 84
IV. Publication of Proceedings
5.8. Publication of names of parties.-
Connected with the question of holding the proceedings in camera is that of publication of the names of the victim and the accused in cases of charges of rape. As the law stands at present, the names and details of the victim as well as the accused as disclosed at a trial for a sexual offence can be legally published in the press, unless the proceedings were held in camera.1 This is in view of the general rule about the reporting of judicial proceedings. What takes place in the Court is public, and the publication of proceedings merely enlarges the area of the Court and gives to the trial that added publicity which is favoured by the rule that the trial should be open and public. It is only when the public is excluded from audience that the privilege of publication also goes, "because then the public would have no right to obtain at the second hand what it cannot obtain at first hand".2
1. Naresh v. State of Maharashtra, AIR 1967 SC 1.
2. Naresh v. State of Maharashtra, AIR 1967 SC 1 (27), para. 97: (1966) 3 SCR 744.