Disclosure of identity of the victim of certain offences, etc
AI Assist
Summary
Printing or publishing the name or any information that reveals the identity of a person alleged or proved to be a victim of the listed offences is punishable with up to two years imprisonment and a fine. Publication is allowed if ordered in writing by the officer‑in‑charge or the investigating police officer acting in good faith, or if the victim gives written authorisation. If the victim is dead, a minor, or mentally ill, the next of kin may authorise publication, but they may only authorise the chairman or secretary of a recognised welfare institution or organisation. Recognised welfare institutions are those approved by the Central or State Government.
Example
Priya posts on a public blog naming Ravi as the victim of one of the listed offences. If she does this without Ravi's written authorisation or without a written order from the investigating police officer, she can be punished with up to two years imprisonment and a fine. If Ravi were a minor or dead, his next of kin could permit publication, but only by authorising the chairman or secretary of a recognised welfare institution.
Bare Act
Enacted text(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 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.
(2) 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,
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(a) 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
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(b) by, or with the authorisation in writing of, the victim; or
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(c) where the victim is dead or minor or person with mental illness, 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.
Explanation
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 Government or State Government.
BNSS Classification
- Imprisonment for 2 years and fine.
- Cognizable
- Bailable
- Triable by Any Magistrate
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