Bombay High Court Imposes ₹5000 Cost On Law Firm For Disclosing Rape Victim's Name In Petition

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan observed that advocates often don't refrain from using the victim's name despite Section 228A of IPC mandating non-disclosure of the rape victim's name and a 2-year punishment prescribed for the disclosure,

"Despite Section 228A of the Indian Penal Code and despite repeatedly telling the Advocates that it is an offence to disclose the name of the prosecutrix which is punishable with two years, the name of the prosecutrix is disclosed in the aforesaid petition. Hence, the law firm, who drafted the petition, to deposit costs of Rs.5,000/- with the Kirtikar Law Library within two weeks from today."

The bench passed the order while hearing a plea filed by an accused to quash an FIR registered against him by the Pune police under Sections 376 (rape), 406 (criminal breach of trust), and 420 (cheating) of the Indian Penal Code (IPC).

Advocate Zaid Anwar Qureshi instructed by law firm Hulyalkar & Associates was representing the petitioner. He sought leave to amend the petition and mask the name of the prosecutrix wherever it appears in the petition, including in the cause title of the aforesaid petition.

The court granted the amendment, however imposed costs on the law firm. It further asked the petitioner to amend the plea and also issued notices to the respondents.

"On amendment being carried out, issue notice to the respondents returnable on 8th February, 2023. Learned APP waives notice on behalf of the Respondent No.2-State," said the court.

Meanwhile, the bench deferred the proceedings in the case before the trial court till the next date of hearing on February 8, 2023.

Citation: 2022 LiveLaw (Bom) 518  

Click here to read order