Section 74 of the Juvenile Justice Act

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20-Jul-2026

Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)

Girish Patil & Anr. v. State of Karnataka & Anr.

"It is to be borne in mind that, children will be sensitive to many matters and publication of their name in the newspaper and publicity given to any incident involving the child, even if child is victim, may not be always in the interest of the child."

Justice Anant Ramanath Hegde

Source: Karnataka High Court

Why in News?

A single judge bench of Justice Anant Ramanath Hegde, in Girish Patil & Anr. v. State of Karnataka & Anr. (2026), dismissed a criminal petition filed by a journalist and an editor of a Kannada Daily accused of publishing a news report disclosing the identity of a child victim of assault, holding that the media cannot publish a child's identity on the ground that it was done in the child's interest, and upheld the ongoing prosecution under Section 74(1) of the Juvenile Justice Act, 2015.

What was the Background of Girish Patil v. State of Karnataka (2026) Case?

In January 2020, the Kannada Daily published a newspaper report about an incident in a school where a teacher allegedly assaulted a minor student, disclosing the child's identity.
An FIR was registered against the reporter and the editor under Section 74(1) of the Juvenile Justice Act, 2015, and the investigation against them was completed thereafter.
Criminal proceedings were pending before the Dandeli Magistrate Court for the alleged offence.
The reporter and the editor approached the Karnataka High Court seeking quashing of the pending proceedings, contending that the report was published to secure justice for the child and not to tarnish the minor's image.

What were the Court's Observations?

On the scope of Section 74(1): The Court held that no report in any newspaper, magazine, news-sheet, audio-visual media or other form of communication regarding any inquiry, investigation or judicial proceeding shall disclose the name, address, school or any other particular likely to lead to the identification of a child in conflict with law, a child in need of care and protection, or a child victim or witness of a crime, nor shall the child's picture be published.
On the categories of children covered: The Court held that the prohibition under Section 74 applies irrespective of whether the child is a victim, witness, or in conflict with law, and that even where the child is a victim, the child's name cannot be disclosed.
On the defence of "child's interest": The Court rejected the petitioners' contention that publication in the child's interest could be a valid defence, holding that the petitioners could not raise such a defence keeping in mind the object and legislative intent behind Section 74 of the 2015 Act.
On the rationale behind the prohibition: The Court held that children are sensitive to publicity surrounding incidents involving them, and that such publicity, even where the child is a victim, may not always serve the child's interest, since the child may respond to it in a manner that is not in their own interest.
On the object of the Juvenile Justice Act: The Court held that the 2015 Act aims to provide comprehensive provisions for children in conflict with law and children in need of care and protection, ensuring their basic needs through care, protection, development, treatment and social reintegration by adopting a child-friendly approach.
On relief granted: Finding no merit in the petitioners' contentions, the Court dismissed the criminal petition and upheld the ongoing prosecution under Section 74(1) of the Juvenile Justice Act, 2015.

What is Section 74 of the Juvenile Justice Act, 2015?

Introduction to the Juvenile Justice (Care and Protection of Children) Act, 2015
S No.	Aspect	Information
1.	Title	Juvenile Justice (Care and Protection of Children) Act, 2015
2.	Act Number	Act No. 02 of 2015
3.	Date of Enactment	31st December, 2015
4.	Date of Enforcement	15th January, 2016
5.	Local Extent	Extends to the whole of India, except the erstwhile State of Jammu and Kashmir (now fully applicable)
6.	Purpose	To the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.
7.	Composition	Total Sections: 112 Total Chapters: 10
8.	Important Amendment	Juvenile Justice (Care and Protection of Children) (Amendment) Act, 2021 Enactment Date: 7th August, 2021 Enforcement Date: 1st September, 2022

Section 74 of the Act:

Section 74 – Prohibition on Disclosure of Identity of Children:

Sub-section (1) – Bar on disclosure by media: No report in any newspaper, magazine, news-sheet, audio-visual media or other forms of communication regarding any inquiry, investigation or judicial procedure shall disclose the name, address, school or any other particular which may lead to the identification of a child in conflict with law, a child in need of care and protection, or a child victim or witness of a crime, nor shall the picture of any such child be published. This bar operates notwithstanding anything contained in any other law for the time being in force. Proviso: The Board or Committee conducting the inquiry may, for reasons recorded in writing, permit such disclosure if it considers it to be in the best interest of the child.
Sub-section (2) – Bar on disclosure by police: The police shall not disclose the record of a child for the purpose of a character certificate or otherwise, whether in a pending case or in a case that has been closed or disposed of.
Sub-section (3) – Punishment: Contravention of sub-section (1) is punishable with imprisonment for a term which may extend to six months, or a fine which may extend to two lakh rupees, or both.