- 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.
1 Criminal Law (Amendment) Act, 2018
IPC Section 228A: Simplified Explanation
IPC Section 228A focuses on the protection of the identity of victims in certain sexual offences. This section makes it a criminal offence to disclose the identity of victims of sexual offences such as rape. The intent behind this provision is to protect the privacy and dignity of the victim and to encourage victims to come forward without fear of social stigma or retribution.
Exceptions to this rule include:
- If the victim gives written consent to the disclosure.
- If the disclosure is made to a public servant acting in good faith for official duties.
- If the disclosure is required by the police for investigation purposes.
- If the court permits the disclosure in the interest of justice.
Is IPC Section 228A Bailable?
Yes, IPC Section 228A is a bailable offence. This means the accused has the right to be released on bail, and the police or the court can grant it without waiting for a court hearing.
IPC Section 228A Punishment
The Punishment under IPC Section 228A can be:
- Imprisonment of either description (rigorous or straightforward) for a term which may extend to two years,
- Fine,
- Or both imprisonment and fine.
This provision ensures a substantial penalty for the wrongful disclosure of the victim’s identity, aiming to deter such actions.
Example of IPC Section 228A
Consider a scenario where a newspaper publishes an article about a recent rape case and includes details that reveal the identity of the victim, such as her name and photographs. This publication is done without the victim’s consent and is not for investigative or official purposes.
In this case, the newspaper and the responsible journalist can be charged under IPC Section 228A for disclosing the identity of the victim of a sexual offence. They may face imprisonment for up to two years, a fine, or both if found guilty.
This section is vital for protecting the privacy and dignity of victims of sexual offences, ensuring that they do not suffer additional trauma from having their identities exposed publicly.
