LIJDLR

TRIAL BY MEDIA AND THE TEST IDENTIFICATION PARADE: CLOSING THE “PENDENCY GAP” IN INDIA’S CONTEMPT LAW

Pooja Soni, BALLB Student currently in 5th year, pursuing BALLB at Seedling School of Law and Governance, Jaipur National University (India)

Moazzam Daksh Hada, BALLB Student currently in 4th year, pursuing BALLB at Seedling School of Law and Governance, Jaipur National University (India)

A Test Identification Parade (TIP) is dependable only when a witness’s memory remains insulated from external influence. Yet Indian investigative practice often exposes arrested suspects through press briefings, custody walks, leaked photographs, and viral social-media circulation before any parade occurs. This paper examines whether the Contempt of Courts Act, 1971, adequately protects identification evidence from such prejudicial publicity. Using a doctrinal-comparative method, it analyses the Bharatiya Sakshya Adhiniyam, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; the Contempt of Courts Act, 1971; the Information Technology Rules, 2021; comparative United Kingdom and United States law; and the Law Commission of India’s 200th Report. It argues that the Act’s “pendency” requirement, linked to the filing of a charge sheet or the issuance of summons or warrant, leaves the investigation stage substantially unregulated, even though pre-trial publicity may irreversibly contaminate witness memory before a TIP is held. The paper further shows that the Press Council of India and the News Broadcasting and Digital Standards Authority cannot fill this gap because their sanctions are non-coercive, fragmented, and largely post-facto. Drawing on the United Kingdom’s arrest-triggered strict-liability model and the Supreme Court’s proportionality reasoning in Sahara India Real Estate Corp. Ltd. v. SEBI (2012), the paper proposes two targeted reforms: redefining pendency from the point of arrest where identification is genuinely in issue, and creating a binding, platform-neutral co-regulatory framework covering print, broadcast, digital news, and social-media republication. By locating trial-by-media harm in the evidentiary contamination of TIPs rather than only reputational prejudice, the paper contributes a narrower and more operational account of fair-trial protection in Indian contempt law.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 1391–1416.
🔗 Creative Commons © Copyright
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . © Authors, 2026. All rights reserved.