Disclosure of identity of the victim of certain offences, etc
AI Assist
Summary
Printing or publishing the name or any detail that can identify a victim of the listed sexual offences is an offence punishable with up to two years imprisonment and fine. Exceptions: written order by the investigating police, written consent of the victim, or written authorisation by next-of-kin to the chairman or secretary of a recognised welfare organisation. Publishing material about court proceedings in these offences without prior court permission is also punishable. Printing High Court or Supreme Court judgments is allowed.
Example
Priya reports a sexual assault and a local newspaper prints her name and photo in an article. That publication would be an offence punishable up to two years and fine unless Priya gave written consent, the investigating police gave a written order in good faith, or a court gave prior permission to publish the proceedings.
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 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.
(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 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
(1) 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.
(2) 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.
(3) 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
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