INDIAN KANOON SECTION 228A IPC - Indian Penal Code - Disclosure of identity of the victim of certain offences, etc


Description

  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, section 376B, section 376C, section 376D or section 376E1 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
    1. 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
    2. by, or with the authorisation in writing of, the victim; or
    3. 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:


    Applicable Offences

    1. Disclosure of identity of the victim of certain offences, etc.

    Punishment - 2 Years + Fine
    This is a Bailable, Cognizable offence and triable by Any Magistrate

    2. Printing or publication of a proceeding without prior permission of court

    Punishment - 2 Years + Fine
    This is a Bailable, Cognizable offence and triable by Any Magistrate

    This offence is NOT compoundable.

    1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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