Indian Penal Code, 1860
123 [228A. 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 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
authorization in writing of, the victim; or
(c) where the victim
is dead or minor or of unsound mind, by, or with the authorization in writing
of, the next of kin of the victim:
Provided that no such authorization shall be given by the next of
kin to anybody other than the chairman or the secretary, by whatever name
called, of any recognized welfare institution or organization.
Explanation- For the purposes of this sub-section, "recognized
welfare institution or organization" means a social welfare institution or
organization recognized 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.]