Disclosure of identity of the victim of certain offences, etc
Section 228A of the Indian Penal Code, 1860 deals with disclosure of identity of the victim of certain offences, etc. 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) shal The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 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 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.
Explanation.-For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf 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 judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]
Section 228A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 72 Disclosure of identity of victim of certain offences, etc Close, with changes 77%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 376 Punishment for rape
- s. 376A Intercourse by a man with his wife during separation
- s. 376B Intercourse by public servant with woman in his custody
- s. 376C Intercourse by superintendent of jail, remand home, etc
- s. 376D Intercourse by any member of the management or staff of a hospital with any woman in that hospital
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jagdish Upasane & Ors. Etc vs State of Rajasthan
Court's Decision & Legal Precedent
The availability of a remedy under Section 397 Cr.P.C. (criminal revision) does not, by itself, constitute a bar to the exercise of inherent jurisdiction under Section 482 Cr.P.C. by the High Court. While the inherent power should be exercised sparingly and with self-restraint, there is no total prohibition on its exercise. The inherent power can and should be exercised where there is abuse of process of the court or other extraordinary circumstances demanding interference to secure the ends of justice, even if alternative remedies are available. The non-obstante clause in Section 482 preserves the inherent powers despite any other provision in the Code.
On this section: Section under which the appellants were charged in the original criminal proceeding
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S. Ramakrishna vs State Rep. by Pub. Prosr. , H. C. A. P
Court's Decision & Legal Precedent
A prosecutrix in a rape case is a competent and credible witness whose testimony need not be corroborated as per mandatory legal requirements under the Indian Evidence Act, 1872. Her evidence must be evaluated with the same care and weight as that of an injured witness in physical violence cases. When a prosecutrix demonstrates no strong motive to falsely involve the accused, and the totality of circumstances supports her credibility, conviction can be sustained based substantially on her testimony. Medical evidence confirming presence of human semen and protozoa, when read holistically rather than by isolated clinical impressions, establishes rape. The age of the victim becomes immaterial when the rape allegation is based on absence of consent and violent sexual assault rather than statutory age provisions.
On this section: Prohibition on disclosure of victim identity - Court held that printing or publishing name or any matter making known identity of rape victim is punishable; Court adopted practice of not disclosing victim name in judgments.
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Yashdeep Chahal vs Union of India
Court's Decision & Legal Precedent
The identity of a rape victim must be protected not only by concealing the victim's name but also by ensuring that no facts, photographs, village names, or other information that could lead to identification are disclosed in any media or public domain. The phrase 'matter which may make known the identity' in Section 228-A IPC has a broad interpretation encompassing all identifying information. Government authorities must implement Supreme Court directions for victim protection, including establishing criteria for recognized welfare institutions and setting up one-stop centres in every district. When similar proceedings are pending in another High Court, the court should refrain from initiating parallel proceedings to avoid conflicting orders and ensure coordinated justice.
On this section: Disclosure of identity of victim of rape and sexual offences (Sections 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB, 376-E) is made a cognizable, bailable, non-compoundable offence punishable with imprisonment up to two years and fine. The court interpreted 'identity' broadly to include not just the name but any matter that may make the victim identifiable.
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State of Odisha vs Laba@kalia Manna
Court's Decision & Legal Precedent
In a case of murder based on circumstantial evidence, when the chain of circumstances is complete and unerringly points to the guilt of the accused, conviction can be sustained. However, allegations of sexual assault cannot be inferred from genital injuries alone without scientific corroboration such as semen or DNA evidence. Furthermore, in determining whether death sentence should be imposed, the court must apply the 'rarest of rare' doctrine by balancing aggravating and mitigating circumstances, with life imprisonment being the rule and death sentence being the exception. Death sentence should be imposed only when there is something uncommon about the crime rendering life imprisonment altogether inadequate, and when there is no alternative but to impose death sentence even after according maximum weightage to mitigating circumstances. In cases based entirely on circumstantial evidence, the irrevocability of death sentence must be a definite factor at the sentencing stage.
On this section: Protection of identity of victims of sexual offences; court observed mandate to not disclose identities of victims of sexual offences should be observed in spirit
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Mohammed Yakub Abdul Rasheed vs The State of Maharashtra
Court's Decision & Legal Precedent
In cases involving serious allegations of sexual offenses against minor children under the POCSO Act, where at least one victim has made prima facie credible allegations of sexual assault or harassment, and the accused holds a position of trust and authority over the victims, anticipatory bail should be rejected despite exonerating statements from other victims, as the heinous nature of the allegations and the prima facie evidence against the accused outweigh the bail applicant's right to pre-arrest protection.
On this section: Protection of identity of victims in sexual offense cases - applied to protect victim girls' identities in the order
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Section 228-A of the Indian Penal Code which has been inserted in the Indian Penal Code by Amendment Act43 of 1983 with effect from 25.12.1983 makes disclosure of the identity of the victim is an offence. Section 228-A is as follows: " Section 228A. Disclosure of identity of the victim of certain offences etc. [— (1 )](https://indiankanoon.org/doc/1523798/) 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 …
Questions about Section 228A
What have the courts held on Section 228A of the Indian Penal Code?
Jagdish Upasane & Ors. Etc vs State of Rajasthan (05 Sep 2016) is the leading judgment on this section among those set out below: Section under which the appellants were charged in the original criminal proceeding. Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2008 to 2023.
How do I find court cases under Section 228A of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 228A, section 228A IPC, section 228A of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Jagdish Upasane & Ors. Etc vs State of Rajasthan (05 Sep 2016).
What should I read with Section 228A of the Indian Penal Code, and has it changed?
Its own text turns on section 376 (Punishment for rape), section 376A (Intercourse by a man with his wife during separation), section 376B (Intercourse by public servant with woman in his custody), section 376C (Intercourse by superintendent of jail, remand home, etc), and on 1 further provision, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNS 72 (Disclosure of identity of victim of certain offences, etc), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 228A of the Indian Penal Code come into force?
Section 228A of the Indian Penal Code, cited as IPC 228A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.