Kerala High Court Denies CCTV Copies to POCSO Accused, Allows Counsel to View Footage Citing Victim's Privacy

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Published 31 October 2026

Bottom Line Up Front (BLUF)

The Kerala High Court, in a decision by Justice K. Babu, denied a POCSO accused's request for CCTV copies, citing the victim's privacy. However, the Court allowed the accused's counsel to view the footage, balancing the accused's right to a fair trial with the need to protect the victim under the Protection of Children from Sexual Offences Act, 2012.

Ratio Decidendi · Legal Principle Established

The right of an accused to a fair trial, including access to evidence, must be balanced against the privacy and protection of a child victim, particularly in cases under the Protection of Children from Sexual Offences Act, 2012. Providing CCTV footage directly to the accused could compromise the victim's identity and privacy.

Practice & Procedural Impact for Advocates

Advocates for POCSO accused should seek permission for counsel to view sensitive evidence like CCTV footage rather than demanding copies for the accused. Prosecutors should argue for protective measures to safeguard victim privacy when such evidence is sought by the defence. Litigants should be aware that access to evidence may be restricted to counsel in sensitive cases.

Key Legal Takeaways

1POCSO accused do not have an absolute right to copies of all evidence, especially if it compromises victim privacy.
2Courts can permit counsel to view sensitive evidence while denying direct copies to the accused.
3The Protection of Children from Sexual Offences Act, 2012 prioritises the protection and privacy of child victims.

The Legal Issue The Kerala High Court addressed a petition filed by an accused in a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), seeking copies of CCTV footage. The core legal issue was how to balance the accused's right to a fair trial, which includes access to evidence, with the paramount need to protect the privacy and identity of a child victim, as mandated by the POCSO Act.

Court's Reasoning Justice K. Babu of the Kerala High Court acknowledged the accused's right to a fair trial. However, the Court observed that providing direct copies of the CCTV footage to the accused could potentially compromise the identity and privacy of the child victim. To strike a balance, the Court denied the request for copies of the footage to be given to the accused. Instead, it permitted the counsel for the accused to view the CCTV footage. This approach ensures that the defence has access to the evidence necessary for preparing their case, while simultaneously upholding the protective provisions of the POCSO Act concerning child victims.

What Follows The Court directed that the counsel for the accused would be allowed to view the CCTV footage. This allows the defence to examine the evidence without the footage being disseminated in a manner that could harm the victim's privacy. The specific details regarding the viewing arrangements were not stated in the source, but typically such viewings occur under court supervision or at a designated location.