Supreme Court Directs States to Frame Media Briefing Policies in Criminal Cases

I. Background of the Supreme Court Directions

The Supreme Court of India has directed all States and Union Territories to frame and notify comprehensive media briefing policies for criminal cases within three months. The objective of the direction is to prevent media trials, protect the fairness of investigations, and safeguard the dignity and privacy of victims, witnesses, and accused persons.

The direction was issued by a Bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh, while dealing with a long-pending public interest litigation filed by the People’s Union for Civil Liberties (PUCL) in 1999. The PIL highlighted the absence of structured guidelines governing police encounters and police communication with the media, especially during ongoing criminal investigations.

Despite earlier judicial interventions and executive advisories, the Court noted that States had failed to demonstrate adequate seriousness in regulating police briefings, resulting in repeated instances of prejudicial disclosures, speculative narratives, and reputational harm.

II. Constitutional Provisions Involved

A. Article 19(1)(a) – Freedom of Speech and Expression

The freedom of the press flows from Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. This includes the public’s right to receive information and the media’s right to disseminate news.

However, the Supreme Court has consistently held that this right is not absolute and is subject to reasonable restrictions under Article 19(2), particularly in matters involving:

  • Administration of justice

  • Public order

  • Defamation

  • Contempt of court

Unregulated police disclosures often fuel sensational reporting that undermines these limitations.

B. Article 21 – Right to Life, Dignity, Privacy and Fair Trial

The Court placed primary reliance on Article 21, which guarantees:

  • The right to life and personal liberty

  • The right to dignity

  • The right to privacy

  • The right to a fair investigation and fair trial

In criminal cases, premature disclosures by law enforcement can irreversibly damage:

  • The presumption of innocence

  • The privacy of victims and accused

  • The integrity of witness testimony

  • The fairness of judicial proceedings

The Court emphasised that media briefings that declare guilt before trial are constitutionally impermissible.

C. Balancing Articles 19 and 21

The Court reiterated that Article 19(1)(a) cannot override Article 21. Any disclosure by the police must therefore satisfy the test of:

  • Legality

  • Necessity

  • Proportionality

  • Accountability

This balance forms the constitutional foundation of the proposed media briefing framework.

III. Statutory Framework Governing Police Conduct

A. Code of Criminal Procedure, 1973 (CrPC)

While the CrPC does not explicitly regulate police-media interaction, several provisions are relevant:

  • Section 41 & 41A: Arrest procedures and safeguards against arbitrary arrest

  • Section 154: Registration of FIRs

  • Section 161 & 162: Recording of witness statements

  • Section 173: Submission of police reports

Public disclosure of investigative theories, confessions, or witness statements before trial directly undermines these procedural safeguards.

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Under the new criminal procedure framework, the emphasis on due process, transparency, and rights of accused and victims strengthens the constitutional obligation to prevent prejudicial disclosures during investigations.

C. Indian Penal Code / Bharatiya Nyaya Sanhita

Police disclosures that falsely implicate individuals may attract:

  • Defamation provisions

  • Abuse of authority

  • Misuse of official position

The Court implicitly warned that institutional silence on media briefings could amount to systemic rights violations.

IV. Supreme Court’s Reliance on the Draft Police Media Manual

The Court permitted States to draw guidance from the “Police Manual on Media Briefing” prepared by Senior Advocate Gopal Sankaranarayanan, who assisted the Court as amicus curiae.

Key Features of the Draft Manual

1. Four-Test Disclosure Framework

All police disclosures must satisfy:

  • Legality

  • Necessity

  • Proportionality

  • Accountability

2. Designated Spokespersons Only

Only authorised officers or designated media cells may brief the media.

3. Prohibition on Substantive Commentary

Police are barred from:

  • Commenting on guilt or innocence

  • Disclosing confessions

  • Revealing evidentiary theories

  • Sharing investigative techniques

4. Victim-Centric Communication

Strict protection of identity, trauma-informed language, and non-stigmatising narratives are mandatory.

5. Social Media and Misinformation Control

Structured responses to rumours and misinformation, including myth-fact clarifications, are encouraged without amplifying false narratives.

V. Judicial Precedents on Media Trials

A. Sahara India Real Estate Corp. v. SEBI (2012)

The Supreme Court held that excessive media coverage during pending trials can prejudice adjudication, and courts have the power to impose postponement orders to protect fairness.

B. Manu Sharma v. State (NCT of Delhi) (2010)

The Court warned against trial by media, stating that sensational reporting can influence witnesses, judges, and public perception.

C. State of Maharashtra v. Rajendra Jawanmal Gandhi (1997)

The Court observed that media trials pose a serious threat to the administration of justice and undermine the rule of law.

D. Aarushi Talwar Murder Case Reference

The Supreme Court specifically referred to the Aarushi Talwar case, where contradictory and speculative police briefings resulted in:

  • Public vilification

  • Media sensationalism

  • Lasting reputational harm to the accused

This case remains a cautionary example of unchecked police-media interaction.

VI. Prior Executive Guidelines and Their Failure

The Ministry of Home Affairs issued guidelines in April 2010 regulating police media briefings. However, the Supreme Court noted:

  • Lack of uniform adoption across States

  • Absence of enforcement mechanisms

  • No accountability for violations

This failure necessitated judicial intervention.

VII. Legal Significance of the Supreme Court’s Direction

The Court’s order transforms media briefing norms from optional advisories into constitutional obligations. By mandating State-specific policies within a fixed timeline, the Court has:

  • Reinforced fair trial rights

  • Curbed executive arbitrariness

  • Strengthened victim and accused protection

  • Acknowledged the dangers of 24/7 news cycles

VIII. Conclusion

The Supreme Court’s directive marks a critical shift in Indian criminal jurisprudence. It recognises that justice does not end at the courtroom door, and that irreversible harm can occur long before a verdict is delivered.

By compelling States to regulate police communication, the Court has reaffirmed that:

  • Freedom of the press must coexist with fairness

  • Investigations are not public entertainment

  • Constitutional dignity cannot be sacrificed for headlines

This ruling is likely to become a foundational precedent in shaping ethical law enforcement communication in the digital age.

Location: Pune, Maharashtra, India

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