Media and Criminal Trial

Media

Media – Selective disclosures - Role of Investigating officer - Effect on accused and complainant

Media – Selective disclosures - Role of Investigating officer - Suicide note - Within a couple of days of the death of D, the alleged suicide note found its way into the newspapers in Agra - The sequence in this case appears to follow familiar patterns. Immediate publicity was given to the alleged suicide note - These examples are now becoming familiar - Selective disclosures to the media affect the rights of the accused in some cases and the rights of victims' families in others - The media does have a legitimate stake in fair reporting - But events such as what has happened in this case show how the selective divulging of information, including the disclosure of material which may eventually form a crucial part of the evidentiary record at the criminal trial, can be used to derail the administration of criminal justice - The investigating officer has a duty to investigate when information about the commission of a cognizable offence is brought to their attention - Unfortunately, this role is being compromised by the manner in which selective leaks take place in the public realm - This is not fair to the accused because it pulls the rug below the presumption of innocence - It is not fair to the victims of crime, if they have survived the crime, and where they have not, to their families - Neither the victims nor their families have a platform to answer the publication of lurid details about their lives and circumstances. #2020 SCeJournal 2201

Media - Media and Criminal trial - Telecacst

Prevention of Corruption Act, 1988 (49 of 1988) Section 13(2), 13(1)(d) - Telecast - Of the Episode of “CRIME PATROL DASTAK” - That the picturisation of the said Episode was meant to project the Petitioners in a negative light on the basis of allegations made against them by the CBI - Trial has been completed and the Petitioners have been convicted and, thereafter, arrested, there is no further possibility of any bias against them at the time of hearing of the appeal - The contents of the trial and the ultimate judgment of conviction and sentence is now in the public domain and is available for anyone to see - However certain restrictions can be imposed at the time of the screening of the said Episodes - Indian Penal Code, 1860 (XLV of 1860) Section 120-B read with Section 420, 467, 468, 471 - Media - Media and Criminal trial (2014)173 PLR 53 (SC)