Mumbai: HC imposes Rs 5,000 fine on law firm for revealing rape survivor’s name in plea

Mumbai: Irked by the fact that names of rape survivors are revealed in petition copies, despite repeatedly asking advocates not to reveal the same, the Bombay High court recently imposed Rs 5,000 cost on a law firm that drafted the petition for disclosing the name of a rape survivor. 

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan imposed the cost while hearing a plea by the accused seeking quashing of the FIR registered against him for rape, criminal breach of trust and cheating. 

Notices to the Maharashtra government, Pune police

The court then allowed Advocate Zaid Anwar Qureshi of law firm Huyalkar & Associates, appearing for the accused, to amend the plea to mask the survivor’s name wherever it appeared in the plea, including in the cause title. 

The bench noted that despite repeated reminders that disclosing the name of a rape victim is an offence punishable under Section 228A of the Indian Penal Code, the victim’s name was disclosed in the present petition. Section 228A reads: Whoever prints or publishes the name or any matter which may make known the identity of any person (victim) against whom an offence under Section 376 (rape) is alleged or found to have been committed shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

“Hence, the law firm, who drafted the petition, to deposit costs of Rs.5,000/- with the Kirtikar Law Library (which is situated inside high court building) within two weeks,” said the judges.

The court also issued notices to the Maharashtra government, the Pune police and the complainant survivor seeking their response to the petition for quashing of the FIR. 

The judges have asked the petitioner to amend the petition and provide a spare copy of the amended plea to the high court registry within two weeks.

The HC has kept the petition for hearing on February 8, 2023.