Section 228A of IPC : Section 228A: Disclosure of identity of the victim of certain offences, etc

Explanation using Example

Example 1:

A local newspaper in Mumbai publishes an article about a recent rape case under Section 376 of the Indian Penal Code. The article includes the name and photograph of the victim. This act of publishing the victim's identity is a violation of Section 228A of the Indian Penal Code. The editor of the newspaper can be punished with imprisonment for up to two years and may also be liable to pay a fine.

Example 2:

A social media influencer in Delhi shares a post on their platform discussing a sexual assault case under Section 376D. The post includes details that reveal the identity of the victim, such as the victim's name and address. This disclosure is illegal under Section 228A. The influencer can face imprisonment for up to two years and may also be fined.

Example 3:

A police officer in Chennai, while investigating a case under Section 376C, releases a press statement that includes the victim's name. However, this disclosure was made in good faith for the purposes of the investigation and was authorized in writing by the officer-in-charge of the police station. In this scenario, the police officer is not liable for punishment under Section 228A due to the exception provided in sub-section (2)(a).

Example 4:

A television news channel in Kolkata reports on a sexual assault case under Section 376A. The victim, who is an adult, gives written authorization to the news channel to disclose her identity in order to raise awareness about the issue. The news channel publishes the victim's name and story. Since the publication was authorized by the victim, the news channel is not liable for punishment under Section 228A as per sub-section (2)(b).

Example 5:

A non-governmental organization (NGO) in Bangalore, recognized by the State Government, receives written authorization from the next of kin of a deceased victim of a sexual assault case under Section 376AB. The NGO publishes the victim's identity to highlight the case and seek justice. Since the publication was authorized by the next of kin and the NGO is a recognized welfare institution, this action is not punishable under Section 228A as per sub-section (2)(c).

Example 6:

A journalist in Hyderabad writes an article about a court proceeding related to a case under Section 376E without obtaining prior permission from the court. The article includes details that could reveal the identity of the victim. This act is a violation of Section 228A(3), and the journalist can be punished with imprisonment for up to two years and may also be liable to pay a fine.

Example 7:

A legal website publishes the judgment of the Supreme Court regarding a case under Section 376DA. The judgment includes details of the case but does not reveal the identity of the victim. According to the explanation in Section 228A, the publication of the judgment of any High Court or the Supreme Court does not amount to an offence. Therefore, the legal website is not liable for punishment under this section.