The law is loose in this regard in India since last several years.
What is happening
In sensational cases, police is under immense pressure by media to arrest criminals.
After arresting them, immediately police poses with arrested persons for photo ops by media.
Within hours everyone has seen the accused on TV and in Press.
How it destroys or weaken evidence in court
After arrests, an identification parade is held before Magistrate. Here, accused are mixed up with similar looking 10 to 12 persons.
From this group, eye witnesses are asked to point out the man whom they had seen..
If witnesses identify these accused, the evidence of Identification parade can lead to their conviction.
Effect of releasing photographs of Accused to public before identification parade is held
In such cases, DefenceLawyer can argue that evidence of Identification Parade be discarded from prosecution evidence because, accused's photographs were already shown to witnesses through press and TV.
Danger of Innocent being sent to jail
Since in such media cases, police is under immense pressure to catch criminals, sometimes they may arrest some innocent also. He may be criminal in some other crime but he may be innocent in present crime. Since his photograph is given to press and TV, these witnesses may easily identify them in Identification Parade and they may go to life Imprisionment on basis of such weak evidence.
Some guidelines need to be issued by courts or by governments.
Haresh Raichura
29/6/2014
