Source: Kerala High Court

Why in News?

Justice Devan Ramachandran has observed that a Magistrate cannot be prosecuted under Section 228-A of Indian Penal Code,1860 (IPC) on an inadvertent omission to anonymize the name and details of the victims based on an analysis of Section 228-A and the Judges (Protection) Act, 1985.

• The Kerala High Court gave this judgment in the case of XXX v. State of Kerala.

What is the Background of XXX v. State of Kerala?

• The petitioner was a victim of a sexual offence committed by a police officer. The accused in that case was granted bail.
• The victim filed an application for cancellation of his bail which was dismissed but her name and details were shown in the judgment due to an obvious omission from the side of the Magistrate Court.
• The petitioner approached the High Court to anonymize her details from the official records as well as sought for an action to be taken against the Magistrate under Section 228-A IPC.
• The court observed that Section 228-A IPC operates only against persons who print or publish names and details of victims to reveal their identity and stated that action cannot be taken against judicial officers who were considering applications or petitions filed by victims for an inadvertent omission to anonymize details from proceedings of the court or orders.
• The court stated that the explanation in Section 228A provides that no action shall lie against the High Court and Supreme Court under this Section.
• Further, the court also stated that cause titles of judgments were prepared by court officers and only the judgments were corrected and verified by judicial officers.
• The court directed the registry to circulate a copy of the judgment to all the judicial officers as well as to the Director of the Kerala Judicial Academy for taking action and compliance and directed the Magistrate to anonymize the name and details of the petitioner from all proceedings and orders within two weeks.

What was the Court’s Observation?

• For initiation of action against the learned Magistrate under Section 228 A of the IPC, to be worthy of grant, specifically within the ambit of the said section, read with the provisions of the Judges (Protection) Act, 1985.
• The protection offered to judicial officers under the Judges (Protection) Act, 1985 was plenary and protects them from any action initiated qua an act, thing or word committed, done or spoken by him/her during the discharge of their official or judicial duties.

What is Section 228 A of IPC?

• Section 228 A: 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 authorization in writing of, the victim; or

(c) where the victim is dead or minor or of unsound mind, by, or with the authorization in writing of, the next of kin of the victim: Provided that no such authorization shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognized welfare institution or organization.

Explanation -For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organization 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 HC or the SC does not amount to an offence within the meaning of this section.