The Supreme Court on Tuesday issued an order directing all social and electronic media platforms to remove the name, photos, videos, and other details of the 31-year-old resident doctor who was raped and murdered at RG Kar Medical College and Hospital in Kolkata.
A bench consisting of Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued the order during a suo motu hearing on the brutal rape and murder of the doctor at the Kolkata hospital.
“This Court is constrained to issue an injunctive order since the social and electronic media have proceeded to publish the identity of the deceased and photographs of the dead body after the recovery of the body. We accordingly direct that all references to the name of the deceased in the above incident, photographs and video clips shall forthwith be removed from all social media platforms and electronic media in compliance of this order,” the order read.
The Supreme Court expressed strong displeasure and deep concern over the widespread circulation and publication of the victim’s name.
Here’s what you need to know about the law under the Bharat Nyaya Sanhita (BNS) regarding the disclosure of a rape victim’s identity and the penalties for such an offense.
What Is The Punishment For Disclosing Rape Victim’s Identity?
According to Section 72 of the Bharatiya Nyay Sanhita (BNS), anyone who prints or publishes the name or any information that could reveal the identity of a person against whom an offense under Sections 64 to 71 is alleged or confirmed (referred to as the victim) can be punished with imprisonment for up to two years and may also be fined. Sections 64 to 71 of the BNS cover offenses related to rape and sexual assaults against women and minors. Therefore, disclosing the identity of a rape victim in India can lead to imprisonment of up to two years.
The Exceptions Under Law
Section 72 of the Bharatiya Nyay Sanhita (BNS) includes exceptions where disclosing the identity of a rape victim does not result in punishment. Part 2 of Section 72 states that the penalty for revealing a rape victim’s identity does not apply in the following situations:
(a) When the name is printed or published 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 purpose of the investigation.
(b) When the identity is disclosed by, or with the written authorization of, the victim.
(c) If the victim is deceased, a child, or of unsound mind, the identity can be disclosed by, or with the written authorization of, the victim’s next of kin. However, this authorization cannot be given to anyone other than the chairman or secretary of a recognized welfare institution or organization.
In this context, a “recognized welfare institution or organization” refers to a social welfare entity recognized by the central or state government for this purpose.
Can Courts Disclose The Identity Of A Rape Victim?
The Supreme Court has repeatedly emphasized the importance of trial courts and high courts maintaining the privacy of victims. In cases involving juveniles and rape victims, courts often use ‘X’ or other abbreviations to conceal their identities. Section 72 of the Bharatiya Nyay Sanhita (BNS), which was previously Section 228A of the Indian Penal Code, prohibits the publication of a rape victim’s identity or any details that might reveal it. However, this prohibition does not extend to the courts themselves.
However, in the State of Karnataka versus Puttaraja case, the Supreme Court advised that it would be ‘appropriate’ for courts not to name the victim in their records. In a July 2021 order, the Supreme Court specifically instructed trial court judges to avoid revealing the identity of victims in sexual offense cases within their orders. Emphasizing the need to respect the victim’s privacy, the apex court took exception to a judgment passed by a Sessions Judge in which the victim’s name was mentioned.
The apex court retirated that it is well-established that in cases of sexual assault, the name of the victim is not to be mentioned in any proceeding. It said the courts should be careful in future while dealing with such cases.
While hearing the Kolkata doctor’s rape and murder case, the Supreme Court again cited its previous verdicts like Nipun Saxena judgment (2018) and said that the victim’s identity should not be published.
In its 2018 judgment, the top court had said, “…no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.”