victims of the offence of rape under the Indian Penal Code, 1860 (for short ‘IPC’) and the second part deals with victims who are subjected to offences under the Protection of Children from Sexual Offences Act, 2012


Hon’ble Mr. Justice Deepak Gupta


Hon’ble Mr. Justice Madan Bhimarao Lokur

Unfortunately, in our society, the victim of a sexual offence, especially a victim of rape, is treated worse than the perpetrator of the crime. The victim is innocent. She has been subjected to

forcible sexual abuse. However, for no fault of the victim, society instead of empathizing with the victim, starts treating her as an ‘untouchable’. A victim of rape is treated like a “pariah” and

ostracised from society. Many times, even her family refuses to accept her back into their fold. The harsh reality is that many times cases of rape do not even get reported because of the false notions of so called ‘honour’ which the family of the victim wants to uphold.

Apex court issued the following directions:-

1. 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.

2. In cases where the victim is dead or of unsound mind

the name of the victim or her identity should not be

disclosed even under the authorization of the next of

the kin, unless circumstances justifying the disclosure

of her identity exist, which shall be decided by the

competent authority, which at present is the Sessions

Judge.

3. FIRs relating to offences under Sections 376, 376A,

376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of 

IPC and offences under POCSO shall not be put in the

public domain.

4. In case a victim files an appeal under Section 372

CrPC, it is not necessary for the victim to disclose

his/her identity and the appeal shall be dealt with in

the manner laid down by law.

5. The police officials should keep all the documents in

which the name of the victim is disclosed, as far as

possible, in a sealed cover and replace these

documents by identical documents in which the name

of the victim is removed in all records which may be

scrutinised in the public domain.

6. All the authorities to which the name of the victim is

disclosed by the investigating agency or the court are

also duty bound to keep the name and identity of the

victim secret and not disclose it in any manner except

in the report which should only be sent in a sealed

cover to the investigating agency or the court.

7. An application by the next of kin to authorise

disclosure of identity of a dead victim or of a victim of

unsound mind under Section 228A(2)(c) of IPC should

be made only to the Sessions Judge concerned until

the Government acts under Section 228A(1)(c) and lays

down a criteria as per our directions for identifying

such social welfare institutions or organisations.

8. In case of minor victims under POCSO, disclosure of

their identity can only be permitted by the Special

Court, if such disclosure is in the interest of the child.

9. All the States/Union Territories are requested to set up

at least one ‘one stop centre’ in every district within

one year from today like ‘ BHAROSA” in Hyd.