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Privacy of victim of sexual violence, rape
The media houses (not The Hans India), which revealed the identity of the eight-year-old Kathua rape victim, have been directed by the Delhi High Court to pay Rs 10 lakh each to the Jammu and Kashmir Victim Compensation Fund. What does the law say on this?
The media houses (not The Hans India), which revealed the identity of the eight-year-old Kathua rape victim, have been directed by the Delhi High Court to pay Rs 10 lakh each to the Jammu and Kashmir Victim Compensation Fund. What does the law say on this?
Section 228A in the Indian Penal Code:
Disclosure of identity of the victim of certain offences etc.—
(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 or section 376D 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 publi¬cation of the name or any matter which may make known the identi¬ty 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 authorisation in writing of, the victim; or
(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.
(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 judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]
