Police Publicity of Accused Persons: Balancing Investigative Needs, Fundamental Rights, and Due Process

The article discusses the lack of a clear legal framework for police publishing photographs and details of arrested persons, often before they are produced before a magistrate. It highlights a Supreme Court PIL seeking a national media protocol for police briefings. While acknowledging the utility of public assistance in investigations, the article points out the weak legal basis, relying on colonial-era regulations and broad interpretations. It emphasizes the constitutional limits, particularly Article 21 and the presumption of innocence, noting the irreversible harm caused by 'institutional humiliation' through digital circulation. The piece calls for a codified, uniform national protocol that distinguishes legitimate investigative necessity from prejudicial publicity, mandates blackout categories (juveniles, sexual assault survivors), and ensures time-bound review and takedown of information.