Magistrate’s Unintentional Disclosure of Sexual Offense Victims’ Details is exception from sec 228 of the IPC : Kerala HC
Title: XXX v State of Kerla
Citation: WA No. 29 of 2024
Dated on: 9.1.2024
Corum: THE HONOURABLE THE CHIEF JUSTICE MR. A.J. DESAI & THE HONOURABLE MR. JUSTICE V.G.ARU
Facts of the case
The appellant filed a writ appeal under Section 5 of the Kerala High Court Act, challenging the judgment dated 12/12/2023, by which the learned Single Judge held that the Magistrate, who passed an order revealing the name and address of the victim, cannot be proceeded under Section 228A of I.P.C. The appellant is the complainant/victim in a crime registered for offences punishable under Section 376, 376(2)(a), 376(2)(i), 376(2)(l), 376(2)(n), 323 & 506(ii) of the IPC. The Magistrate was bound to mask the name and address of the prosecutrix, but in this case, the Magistrate mentioned the name and details of the appellant in the order and therefore, action is required to be taken against the Magistrate. The judgement clearly mentions that the magistrate was acting in performance of judicial duties and the error committed by her, or her office, is that the order was not anonymised qua the petitioner.
Legal Provision
In this present case the complainant was registered for offences under section 376 of the IPC which deals with the offence of rape and filed a complaint against the magistrate for passing an order which included the name of the victim and wanted to take action against the magistrate under section 228 of the IPC which deals with the intentional insult or interruption to a public servant sitting in a judicial proceeding.
Court Analysis and Judgement
The high court of Kerala after looking into merit of the case gave a verdict that Court cannot, find the request of the petitioner, 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 and as held by the single judge bench a mere mistake of the magistrate can not lead to action under section 228 of the IPC and dismissed the writ appeal .
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Written by- Namitha Ramesh