Police Media Briefings: Accused Privacy, Presumption of Innocence and Legal Safeguards

Subject: GS Paper 4: Ethics

Context: The Supreme Court is examining the need for a nationwide protocol governing police media briefings and the publication of photographs/details of arrested or accused persons, raising concerns about the balance between investigative necessity and the presumption of innocence. 

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Current Legal Position

• Absence of Specific Law: No single law expressly permits or prohibits police from publishing photographs of accused persons.
• Section 84, BNSS, 2023: Courts may proclaim absconders and publish proclamations in newspapers, but this does not specifically authorise the publication of photographs during investigation.
• Police Manuals: Publications for identifying, tracing absconders, and locating witnesses have evolved from traditional “Hue and Cry Notices.”
• Reward Notices: Generally governed by State Police Regulations and administrative rules.
• Criminal Procedure (Identification) Act, 2022: Permits collection, storage and use of photographs for identification purposes, but does not specifically authorise their public circulation.

Constitutional Concerns and Ethical Issues Involved

• Right to Dignity and Privacy: Article 21 protects the dignity, privacy and reputation of an accused person.
• Presumption of Innocence: An arrested person cannot be treated as guilty before conviction by a court.
• Digital Harm: Social media circulation can create a permanent digital record, even after discharge or acquittal.
• Institutional Humiliation: The Rajasthan High Court has described indiscriminate publicity of accused persons as “institutional humiliation.”
• Privacy Vs Public Interest: Balance individual rights with legitimate public-safety and investigative needs.
• Proportionality: Ensure publicity is commensurate with the investigative objective.
• Accountability: Police authority should serve the public interest rather than institutional image-building.
• Professional Integrity: Avoid using media exposure to prejudice public opinion or claim success before judicial determination.

Existing Legal And Procedural Safeguards For Protecting The Rights And Privacy Of Accused Persons

• Protection of Juvenile Identity: Juvenile justice law prohibits disclosure of a child’s identity, subject to limited exceptions.
• Protection of Sexual-Assault Survivors: Law prohibits disclosure of the identity of victims of specified sexual offenses.
• Police Media Briefings: The BPR&D Draft Manual (2024) provides guidance on police-media interactions.
  • In January 2026, the Supreme Court directed States to formulate appropriate policies based on the Police Manual for Media Briefings.

Ethical Principles For Police Media Briefings

• Necessity: Disclose information only when it serves a clear investigative or public-safety purpose.
• Justified Disclosure: Publication may assist in identifying suspects, tracing absconders, locating witnesses/missing persons, or seeking public assistance.
• Accuracy: Release only verified and factually accurate information.
• Neutral Language: Use terms such as “accused,” “alleged,” or “wanted for questioning” where appropriate.
• Minimal Disclosure: Share only the information necessary for the stated purpose.
• Oversight: Ensure senior-level review of sensitive disclosures.

Way Forward

• Uniform National Protocol: Establish a codified national framework governing police media briefings and disclosure of accused persons’ information.
• Digital Takedown Mechanism: Establish procedures for removing or updating outdated information after the investigative purpose is fulfilled or following discharge or acquittal, subject to applicable law.
• Independent Oversight: Strengthen mechanisms for addressing complaints regarding unnecessary or prejudicial police publicity.
• Public Interest Test: Before releasing a photograph, police should ask: Is this disclosure necessary for the investigation, or merely convenient for the narrative?

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Conclusion

Effective policing must balance public cooperation with dignity, privacy, and the presumption of innocence through need-based, proportionate, and legally regulated disclosure. 

News Source: The Hindu

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