Neutral Citation Number: 2023/DHC/000559

W.P.(C) 12787/2019

Page 1 of 11

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 24^th JANUARY, 2023

IN THE MATTER OF:

+

W.P.(C) 12787/2019 & CM APPL. 52252/2019

YASHDEEP CHAHAL

..... Petitioner

Through:

Mr. Chirag Madan, Mr. G Sai Krishna

Kumar, Ms. Ravleen Sabarwal, Ms.

Smirdhi

Sharma,

Mr.

Deepesh

Bahadur, Advocates

versus

UNION OF INDIA & ORS

...... Respondents

Through:

Mr. Chetan Sharma, ASG with

Mr.Ajay Digpaul, CGSC, Mr. Amit

Gupta, Mr. Kamal Digpaul, Mr. Sahaj

Garg, Ms. Swati Kwatra, Advocates

for UOI

Mr. Nitin Sharma, Mr. Sumant

Narang, Mr. Ranjeet Singh Sindhu,

Ms. Nisha Bhambani, Mr. Rajat

Arora,

Ms.

Mariya

Shahab,

Advocates for R-3

Mr. Atul Batra, Mr. Kundan Mishra,

Advocates for R-4

Mr. Shahrukh Ejaz, Ms. Harnek Kaur,

Advocates for R-5

Mr. Tejas Karia, Mr. Gauhar Mirza,

Ms.Amee

Rana,

Mr.

Thejesh

Rajendran, Advocates for R-7

Mr.

Saransh

Jain,

Ms.

Shloka

Narayanan, Mr. Abhishek Kumar,

Ms. Sneha Dey, Advocates for R-8

Ms. Rebecca John, Senior Advocate

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number: 2023/DHC/000559

W.P.(C) 12787/2019

Page 2 of 11

(Amicus Curiae) with Mr. Chinmay

Kanojia,

Ms.

Praavita

Kashyap,

Ms.Adya R Luthra, Ms. Anushka

Baruah, Advocates

CORAM:

HON’BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

SUBRAMONIUM PRASAD, J.

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:

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number: 2023/DHC/000559

W.P.(C) 12787/2019

Page 3 of 11

(vii) Pass any other order as it deems fit."

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 84^th 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 Section 228A which, after many

amendments, as on date reads as under:

offences etc.—

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number: 2023/DHC/000559

W.P.(C) 12787/2019

Page 4 of 11

or publication is—

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number: 2023/DHC/000559

W.P.(C) 12787/2019

Page 5 of 11

3.

Section 228-A IPC makes the offence of disclosing 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 and Section 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.

4.

Amendments have also been made to Section 327 Cr.P.C to ensure

that the name of the victim of an offence under Section 376, Section 376A,

Section 376AB, Section 376B, Section 376C, Section 376D, Section

376DA, Section 376DB and Section 376E IPC is concealed. Section 327

Cr.P.C reads as under:

"Se