YASHDEEP CHAHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant PIL has been filed highlighting the disclosure of the identity of a victim of gang-rape that took place in Hyderabad in November, 2019. It is stated that while covering the incident, the media houses have disclosed the name of the victim, her photographs along with other personal information. The Writ Petition has been filed with the following prayers:

(2.) The Courts have been concerned about the disclosure of the identity of a victim of rape and sexual harassment, and have been passing various orders to ensure the concealment of their identities so as to ensure they do not face any form of ostracisation. The 84th Law Commission Report, 1980, recommended introduction of a provision under the Indian Penal Code whereby the disclosure of identity of a victim of certain offences was made an offence. The Bill to amend the Indian Penal Code was introduced in August, 1980 and the Criminal Law Amendment Bill was moved in 1983. Various amendments have been made to the Indian Penal Code through the said amendment, including insertion of Sec. 228A which, after many amendments, as on date reads as under:

(3.) Sec. 228-A IPC makes the offence of disclosing the identity of any person against whom an offence under Sec. 376, Sec. 376A, Sec. 376AB, Sec. 376B, Sec. 376C, Sec. 376D, Sec. 376DA, Sec. 376DB and Sec. 376E has been committed, a cognizable, bailable, non-compoundable offence, and provides that the person committing such an offence shall be punished with imprisonment for two years and shall also be liable to fine.