Indian Penal Code 1860
Section 228A :
1.[Disclosure of identity of the victim of certain offences etc:
(See section 72 of BNS 2023)
Classification of Offence:
Offence: Disclosure of identity of the victim of certain offences, etc.
Punishment :Imprisonment for 2 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Offence: Printing or publication of a proceeding without prior permission of court.
Punishment :Imprisonment for 2 years, or fine , or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2.[offence under section 376, 3.[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E] is alleged or found to have been committed (hereinafter 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 –
(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
(b) by, or with the authorization in writing of, the victim; or
(c) where the victim is dead or minor or of unsound mind, by, or with the authorization in writing of, the next of kin of the victim :
Provided that no such authorization shall be given by the next-of-kin to anybody other than the chairman or the secretary, by whatever name called, or any recognized welfare institution or organisation.
Explanation :
For the purposes of this sub-section, recognized welfare institution or organisation means a social welfare institution or organisation recognized in this be half by the Central or State Government.
(3) 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.
Explanation :
The printing or publication of the judgement of any High Court or the Supreme Court does not amount to an offence within the meaning of this Section.]
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1. Ins. by Act 43 of 1983, s. 2.
2. Subs. by Act 13 of 2013, s. 4, for “offence under section 376, section 376A, section 376B, section 376C or section 376D” (w.e.f. 3-2-2013).
3. Subs. by Act 22 of 2018, s. 3, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).
