Protecting the Identity of the Survivor

Last updated on Apr 8, 2022

No one is allowed to print or publish the name or any matter which may reveal the identity of a survivor. The punishment for doing so is imprisonment for up to two years and a fine.(( Section 228A(1), Indian Penal Code, 1860.)) Without getting permission from the court, if anyone prints or publishes any matter about a rape case which is currently ongoing in court, they are punishable with imprisonment for up to two years and a fine.(( Section 228A(3), Indian Penal Code, 1860.))

The identity of the survivor can only be revealed:((Section 228A(2), Indian Penal Code, 1860.))

  • For the purposes of investigation – In this case, the identity can be revealed by the officer-in-charge of a police station or the police officer investigating the case.
  • By the survivor, or with her written permission.
  • By the close family of the survivor, or with their permission – This is allowed if the woman is dead, or a minor, or of unsound mind. In this case, the family can give such permission only to the chairman or the secretary of any recognised welfare institution or organisation.

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