Discuss the law as to Disclosure of the identity of the victim of certain offences

Question: Discuss the law as to Disclosure of the identity of the victim of certain offences

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Answer

Section 228A deals with punishment followed when there is disclosure of identity of the victim of certain offences, etc. Section 228A mandates that the victim of a rape case, should be protected and her identity must not be disclosed so as to safeguard her dignity. It was added in the year 1983, through an amendment.

The first sub-section of this section says that whoever either print or publishes the name of the victim or any matter from which the identity of a victim of any of the offences under sections 376, 376-A, 376-B, 376-C and 376-D may be known, shall be punished with simple or rigorous imprisonment for a term extending up to two years and shall also be liable to fine.

The second sub-section states that the first sub-section does not apply to any printing or publication of the name of the victim or any matter from which the identity of the victim of the abovementioned offences may be known, if such printing or publication is by or under the written orders of the officer-in-charge of the police station or the police making the investigation while acting in good faith for the purpose of such investigation, or by or with the written authority of the victim, or if the victim is either dead or minor or of unsound mind then by or with the written authorisation of next-of-kin of the victim, provided the next-of-kin shall not give any such authorisation to anyone except the chairman or secretary of any recognised welfare institution or organisation.

According to the third sub-section which prescribes the punishment under this section, whoever prints or publishes any matter relating to any court proceeding with respect to what has been stated in the first sub-section without obtaining prior permission of the concerned court shall be punished with simple or rigorous imprisonment for a term extending up to two years and shall also be liable to fine.

Explanation to section 228A: The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence under this section.

The offence under section 228-A is cognizable, bailable and non-compoundable, and is triable by any magistrate.

In Bhupinder Sharma v. State of Himachal Pradesh (2003) SC, the Supreme Court has observed that disclosure of a rape victim is a punishable offence and so indicating the victim’s name in judgments by the courts is inappropriate. The object behind this law is preventing the social victimisation or ostracism of the victim.

• Failure by person released on bail or bond to appear in Court

Section 229A deals with offences committed upon failure by a person released on bail or bond to appear in Court. It states as under:

Whoever, having been charged with an offence and released on bail or on a bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation to section 229A– The punishment under this section is-

1. in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and
2. without prejudice to the power of the Court to order forfeiture of the bond.

Section 229A is inserted in the IPC by the Code of Criminal Procedure (Amendment) Act, 2005. It puts the obligation on the person released on bail or bond to, in accordance with the terms of bail or bond, appears and surrenders to custody. Failure on his part to do so attracts the penal sanction provided thereunder. He may be punished by simple or rigorous imprisonment for a term up to one year or with a fine or both for his failure to appear or surrender. He, however, can avoid the punishment when he had some sufficient cause, to be proved by him, for not appearing in the court.

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