Counsel may view the CCTV footage but the POCSO accused gets no copy, Kerala High Court holds

31 October 2026

The Kerala High Court has allowed an accused person's counsel to view CCTV footage from the place of occurrence while refusing to hand over a copy of it, in order to protect the privacy of a child victim. Justice Jobin Sebastian directed the trial judge to arrange for the counsel to watch the footage inside the courtroom and to take notes for cross-examination. The Court said the idea of a fair trial cannot be seen only from the side of the accused, and must sit alongside the victim's right to privacy and dignity and the wider interest of society. The accused is the sole person charged in a case pending before the Fast Track Special Court at Kottarakkara. The charges are under the Bharatiya Nyaya Sanhita and under the Protection of Children from Sexual Offences Act. The victim has been examined in chief as the first prosecution witness and her cross-examination is yet to be taken up. The petitioner had asked the trial court for copies of the footage, which was declined. The order is reported as 2026 LiveLaw (Ker) 609.