Bailabel Type : bailable

Description

Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation;or by, or with the authorisation in writing of, the victim; or where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next-of-kin of the victim: Provided that no such authorisation shall be given by the next-of-kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation. Explanations For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government. Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.

Section 228A of the Indian Penal Code (IPC)

Section 228A of the Indian Penal Code (IPC) deals with the disclosure of the identity of a victim of certain offenses, specifically, in cases of rape or sexual offenses. It prohibits the publication or disclosure of the identity of a person who has been the victim of these crimes to ensure their privacy, dignity, and protection.

Key Provisions of Section 228A

1. Prohibition of Disclosure of Identity:
   • Section 228A makes it a punishable offense to disclose the identity of a victim of rape or sexual assault.
   • The section is particularly designed to protect the privacy and dignity of the victim, ensuring that they are not publicly identified, which could lead to further harm, social stigma, or psychological distress.
2. Who Can Be Punished:
   • The law applies to anyone who discloses the identity of the victim, including the media, press, or any individual.
   • It includes any publication in newspapers, magazines, or through any other form of mass communication, or even in the context of personal conversations or public statements.
3. Exceptions:
   • The only exception to this provision is if the victim themselves consents to the disclosure of their identity.
   • In certain cases, where the victim is a minor or if the court has given permission, the victim’s identity may be disclosed.

Punishment

Punishment for Disclosure of Identity (Section 228A)

1. Imprisonment:

   • The person found guilty of disclosing the identity of the victim can face imprisonment, which can extend up to two years.

2. Fine:

   • In addition to imprisonment, the accused may also face a fine. The fine amount is typically determined by the court and may vary based on the specific facts of the case.

3. Combination of Both:

   • The person may be subjected to both imprisonment and fine if the court believes it is warranted, based on the nature of the disclosure and its impact on the victim.

Detailed Punishment Breakdown

• Imprisonment for up to 2 years:

  • If the disclosure is intentional and harmful to the victim’s reputation, dignity, or mental well-being, the person found guilty can be punished with up to two years in prison.

• Fine:

  • The fine serves as an additional deterrent to prevent the violation of the victim’s privacy and to discourage unauthorized disclosures. The exact amount of the fine will be determined by the court.

• Both Imprisonment and Fine:

  • In particularly serious cases, or where the disclosure leads to significant harm to the victim, the court may impose both imprisonment and a fine.