SECTION 228(A) AND NIPUN SAXENA CASE

Section 228A of IPC prohibits printing the name or any matter which may reveal the identities of a rape accused and survivor and prescribes imprisonment to two years and fine

In Nipun Saxena’s case, SC declared that “no person can print in print, electronic, social media, etc. the name of victims in rape and Pocso Act cases or even in a remote manner disclose any facts which can lead to the victim being identified.” SC also restrained the police from putting

FIRS in rape and Pocso cases in public domain and mask the name of the survivors whenever documents are made public.

abuse are not indirectly disclosed by anyone, especially the print and electronic media.

Besides, the court has also directed the lower courts conducting trials in rape and cases under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, to conceal the name of the survivor, by referring to them with some abbreviations or letters such as “X”, while framing charges, recording statements or evidences of the survivor or of any other witness.

“The name, place of residence, age, occupation shall be kept in a sealed cover and in the name column, they can be referred in the same manner described while framing charge, keeping the address column, occupation column blank,” said the bench. It has also directed police to avoid naming rape survivors under the Pocso Act and instead refer to them as “X” in remand reports forwarded to the jurisdictional magistrates or special courts.