BACK TO SECTIONS(2019) 2 SCC 703
IPC 1860REPEALED
Section 228A
Disclosure of identity of the victim of certain offences
Replaced by: BNS 72
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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 [Rape], 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...
Simplified
Section 228A protects the privacy and dignity of sexual offence victims by criminalising disclosure of their identity. The protection is absolute — it applies to alleged victims (before conviction), proved victims, and even deceased victims. It covers: printing in newspapers or magazines, broadcasting on television, posting on social media, or any other form of publication. Exceptions allow disclosure for police investigation purposes (with officer authorisation), for judicial purposes, or where the victim or their family has given written consent. The provision recognises that social stigmatisation of sexual assault survivors is a significant barrier to reporting — fear of public identification suppresses complaints and enables perpetrators. The BNS (Section 72) preserves and strengthens this protection.
Legal Evolution
Added to the IPC in 1983 following the Mathura Rape Case protests and the recognition that victim privacy was essential for encouraging reporting of sexual offences.
Landmark Precedents
Nipun Saxena v. Union of India (2019)
RELEVANCE
Comprehensive guidelines on victim identity protection — media cannot reveal identity even when the victim is deceased; digital publication is equally covered under Section 228A.
Practical Scenarios
"A newspaper publishing the photograph of a rape survivor — Section 228A."
"Revealing the victim's name in a YouTube video about a case — Section 228A."
"Sharing the victim's identity on a WhatsApp group — Section 228A."
Common Queries
Only if consent is given in writing by the victim or her next of kin (in specific cases), or if authorised by police or court for investigation purposes.
Yes — publishing a victim's photo or name on WhatsApp, Facebook, or any digital platform is a cognizable offence under this section.