A friend Abha Singh, lawyer and activist, lays down a journalist's rights and privileges vis-a-vis her sources in black and white:
As per section 13 of the Press Council Act, 1978, Norms for Journalistic Ethics are required to be promulgated by the Press Council of India. The force of law of such Norms is apparent from the legal provision quoted below:

“Relevant part of Section 13(2) of the Press Council Act, 1978:
The Council may, in furtherance of its objects, perform the following functions, namely :
...
(b) to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards;” (Emphasis supplied).

Pursuant to the statutory provisions mentioned above, the Press Council of India has promulgated Norms for Journalistic Conduct, 2005. That being so, the said Norms have got a statutory force of law and the same comes within the definition of ‘law’ contained in Article 13 of the Constitution of India.

It is to be noted further that section 14 of the Press Council Act, 1978, provides for punishment to the person who violates this statutory Norms of Journalistic Conduct, and the punishment provided for is to “warn, admonish or censure” the concerned journalist.

It is further seen that as per Clause 27 of the Norms of Journalistic Conduct, 2005 issued under section 13 of the Press Council Act, 1978, it has been provided that “if information is received from a confidential source, the confidence should be respected.”

It is thus seen that the statutory rules framed under the provisions of Press Council Act, 1978, bans revealing of the names of sources. In case a person reveals the name of a source he would be committing an offence punishable under section 14 of the Press Council Act, 1978. Needless to add that this act shall be classified as a ‘criminal offence’ under the definition of ‘offence’ contained in the Code of Criminal Procedure, 1973.

In sum, since revealing the name of a source is a criminal offence hence the police cannot compel a journalist to reveal the name of the source and thereby commit a crime.

WHAT JOURNALISTS SHOULD DO WHEN THE POLICE OR ANY OTHER INVESTIGATING AGENCY ASKS FOR THE JOURNALIST TO REVEAL HIS SOURCE?

If the police or any other investigating agency calls for revealing the name of source, then the concerned journalist should clearly inform that to reveal the name of source would be a criminal offence under section 14 of the Press Council Act, 1978, and hence the same cannot be revealed. The police should also be told that since they are compelling the journalist to commit and offence, that would amount to the police committing an offence of abetment by the police under section 109 of the Indian Penal Code, 1860 and that would also be an offence under section 166 of the Indian Penal Code, 1860, since the police are required to abide by the conduct rules of behaving in a manner which is not unbecoming of a public servant and that their act can cause professional injury to the journalist.

If still the police insists then they could be hauled up before the Press Council of India or Human Rights Commission or before the senior officer of police and finally even a Writ Petition could be filed in the High Court.

Police can also be told that the police themselves do not reveal the name of their sources even though there is no law with the police on this. If that is so, then how can police compel a journalist to reveal the name of his source when they are a step above, since there is a law which does not permit to reveal name of the source of a journalist.

As an additional measure, a complaint for departmental action also needs to be lodged before the superior officers of police against those police officers who compel journalists to reveal the name of their sources.

TAILPIECE:

While the aforesaid provisions of law do exist, but at the same time it is necessary for the law to be made more specific on this and just as the communication between a husband and wife (section 122 Indian Evidence Act, 1872) or an advocate and his client (section 126 Indian Evidence Act, 1872) are considered to be confidential, the communication made by a journalist with his source also has to be made similarly confidential by making requisite amendments in the Indian Evidence Act, 1872.