Section 228A IPC: Disclosure of identity of the victim of certain offences, etc

Indian Penal Code, 1860

Section 228A IPC at a Glance

Section 228A IPC deals with disclosure of identity of the victim of certain offences, etc. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 72 BNS.

Punishment

Imprisonment of either description for a term which may extend to two years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 72 →

Section 228A IPC Bare Act Text

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 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E 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 authorisation in writing of, the victim; or

(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation

For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised 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.

Source: Section 228A, Indian Penal Code, 1860

Section 228A IPC in Simple Words

Section 228A of the Indian Penal Code (IPC) punishes whoever prints or publishes the name or any matter which may make known the identity of a person against whom an offence under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E IPC is alleged or found to have been committed. Sub-section 2 excepts a printing or publication by or under the written order of the officer in charge of the police station or the investigating officer acting in good faith for the investigation, one by or with the written authorisation of the victim, and, where the victim is dead or minor or of unsound mind, one by or with the written authorisation of the next of kin, who may give it only to the chairman or secretary of a recognised welfare institution or organisation.

Sub-section 3 punishes printing or publishing any matter relating to a proceeding before a court about such an offence without the previous permission of that court, but printing or publishing a judgment of a High Court or the Supreme Court is not an offence. Each sub-section carries imprisonment of either description for up to two years and fine.

The offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 228A IPC

  • An offence under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E IPC is alleged or found to have been committed against the person
  • The accused printed or published the name or any matter which may make known the identity of that person
  • The printing or publication does not fall within any exception in sub-section 2
  • For the offence in sub-section 3, the accused printed or published any matter relating to a proceeding before a court about such an offence without the previous permission of that court, and the matter was not a judgment of a High Court or the Supreme Court

Punishment Under Section 228A IPC

Imprisonment

Imprisonment of either description for a term which may extend to two years.

Fine

The offender is also liable to fine in addition to imprisonment under both sub-sections.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Disclosing the identity of a victim of specified sexual offences or publishing court proceedings without court permission carries imprisonment of either description for up to two years and fine.

Example of Section 228A IPC

In 2022, after a woman alleged an offence under Section 376 IPC in Kochi, newspaper editor Manoj printed an article stating the woman's full name and workplace, and also published a report of the ongoing witness examination before the Sessions Court, which was not a High Court or Supreme Court judgment. The adult victim was of sound mind and gave no written authorisation, no police officer issued a written order for the investigation, and the Sessions Court gave no previous permission. Manoj is punishable under Section 228A IPC.

When Section 228A IPC Does Not Apply

  • The alleged or proven offence against the person is not one of the sexual offences listed in Section 228A(1) IPC, namely Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E IPC.
  • The identity disclosure is printed or published by or under a good-faith written order of the officer in charge of the police station or the investigating police officer for the purposes of the investigation.
  • An adult victim of sound mind prints or publishes her own identity or gives written authorisation for its publication.
  • Where the victim is a minor, deceased, or of unsound mind, the next of kin gives written authorisation for disclosure strictly to the chairman or secretary of a government-recognised social welfare institution or organisation.
  • A report of court proceedings is published with the prior permission of that court, or consists of the printing or publication of a judgment of a High Court or the Supreme Court.

Section 228A IPC in the BNS

Section 228A IPC is now covered under Section 72 BNS.

Section 228A IPC is split between two BNS sections. Sub-sections 1 and 2 are now Section 72 BNS, and sub-section 3, on publishing court proceedings, is now Section 73 BNS. Section 72 BNS covers the offences in Sections 64 to 71 BNS, which include Section 69 BNS on sexual intercourse by employing deceitful means, an offence with no IPC counterpart. The word minor in the next of kin exception becomes a child. The punishment is unchanged.

View detailed comparison (IPC 228A vs BNS 72) →

FAQs on Section 228A IPC

What does Section 228A IPC punish?▼

It punishes printing or publishing the name or any matter that may reveal the identity of a victim of specified sexual offences, as well as publishing court proceedings relating to such offences without court permission.

What is the punishment under Section 228A IPC?▼

Imprisonment of either description for a term which may extend to two years, and fine.

Can a fine be imposed under Section 228A IPC?▼

Yes. The section provides that the offender shall also be liable to fine, in addition to imprisonment.

When may the identity of a victim be disclosed under Section 228A IPC?▼

Disclosure is permitted by or under the written order of the officer in charge of the police station or the investigating officer acting in good faith for the investigation, by or with the written authorisation of the victim, or, where the victim is dead or minor or of unsound mind, by or with the written authorisation of the next of kin, who may authorise only the chairman or secretary of a recognised welfare institution or organisation.

Does publishing High Court or Supreme Court judgments violate Section 228A IPC?▼

No. The statutory Explanation explicitly clarifies that printing or publishing the judgment of any High Court or the Supreme Court does not amount to an offence.

Is an offence under Section 228A IPC bailable and cognizable?▼

An offence under Section 228A IPC is cognizable and bailable.

Which court tries an offence under Section 228A IPC?▼

Any Magistrate.

Where is Section 228A IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 72 BNS for victim identity disclosure, and Section 73 BNS for publishing court proceedings.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·